Activities of Kostadinka KUNEVA
Plenary speeches (69)
Coordination of social security systems (debate) EL
Transparent and predictable working conditions in the European Union (debate) EL
European Labour Authority (debate) EL
Pan-European Personal Pension Product (debate) EL
Work-life balance for parents and carers (debate) (debate) EL
Accessibility requirements for products and services (debate) EL
European citizens’ initiative (debate) EL
Regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) (debate) EL
Women on boards - Gender balance among non-executive directors of companies (debate) EL
Combatting the climate of hatred and physical violence against democratically elected mandate holders (debate) EL
Reform of the EU asylum and migration policy in light of the continued humanitarian crisis in the Mediterranean and Africa (debate) EL
Presentation of the programme of activities of the Romanian Presidency (debate) EL
European Social Fund Plus (ESF+) (debate) EL
Gender mainstreaming in the European Parliament (debate) EL
Care services in the EU for improved gender equality (debate) EL
Debate with the President of Romania, Klaus Iohannis, on the Future of Europe (debate) EL
Employment and social policies in the euro area (short presentation) EL
The future of pensions: fighting privatisation and strengthening public universal social security systems (topical debate) EL
Participation of persons with disabilities in the European elections (debate) EL
Conclusion of the third economic adjustment programme for Greece (debate) EL
First anniversary after the signature of the Istanbul Convention: state of play (debate) EL
Responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (debate) EL
The violation of human rights and the rule of law in the case of two Greek soldiers arrested and detained in Turkey (debate) EL
European Semester for economic policy coordination: Annual Growth Survey 2018 - European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2018 (debate) EL
The fight against violence against women and girls and the ratification of the Istanbul Convention by EU Member States (debate) EL
Fight against trafficking of women and girls for sexual and labour exploitation in the EU (debate) EL
Enlargement and strengthening of the Schengen area: Bulgaria, Romania and Croatia (topical debate) EL
Implementation of the Social Pillar (debate) EL
EU Citizenship Report 2017: Strengthening Citizens' Rights in a Union of Democratic Change (debate) EL
Implementation of the European Disability Strategy (debate) EL
Deadly floods in Attica and disaster relief aid (debate) EL
Activities of the European Ombudsman in 2016 (debate) EL
Combating sexual harassment and abuse in the EU (debate) EL
Neutrality of airline reservation systems and restriction of access to flight information (debate) EL
Security on Europe's roads (debate) EL
Ending child marriage (debate) EL
Accessibility requirements for products and services (debate) EL
EU accession to the Council of Europe Convention on preventing and combating violence against women and domestic violence (debate) EL
Permitted uses of certain works and other protected subject-matter for the benefit of persons who are blind, visually impaired or otherwise print disabled - Cross-border exchange of accessible format copies of certain works and other protected subject-matter for the benefit of persons who are blind, visually impaired or otherwise print disabled (debate) EL
European Qualifications Framework for lifelong learning (debate) EL
Decision adopted on the European Pillar of Social Rights and work-life balance initiative (debate) EL
Hate speech, populism, and fake news on social media – towards an EU response (debate) EL
Trafficking in human beings (debate) EL
A European Pillar of Social Rights (debate) EL
Activities of the Committee on Petitions 2015 (debate) EL
Labour market reforms and labour relations in Greece (debate) EL
Activities of the European Ombudsman in 2015 (debate) EL
EU accession to the Istanbul Convention on preventing and combating violence against women (debate) EL
Accessibility of websites and mobile applications of public sector bodies (debate) EL
Implementation of the UN Convention on the Rights of Persons with Disabilities (debate) EL
Decision adopted on New Skills agenda for Europe (debate) EL
Preventing and combating trafficking in human beings (debate) EL
Protecting the best interest of the child (across borders) in Europe (debate) EL
Women domestic workers and carers in the EU (short presentation) EL
Meeting the antipoverty target in the light of increasing household costs (debate) EL
The situation of women refugees and asylum seekers in the EU (debate) EL
Activities of the European Ombudsman in 2014 (debate) EL
Establishment of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (debate) EL
Mortgage legislation and risky financial instruments in the EU: the case of Spain (debate) EL
The gender dimension of trafficking in human beings (debate) EL
Social entrepreneurship and social innovation in combating unemployment - Creating a competitive EU labour market for the 21st century - Precarious employment (debate) EL
Assessment of the 2012 European Year for active ageing and solidarity between generations (debate) EL
Green employment initiative - Guidelines for the employment policies of the Member States EL
UN Convention on the Rights of Persons with Disabilities (debate) EL
Progress on equality between women and men in the EU in 2013 (debate) EL
Motion of censure on the Commission (B8-0249/2014) EL
Combating violence against women (continuation of debate) EL
Roll-out of the European Youth Initiative (debate) EL
Youth employment (RCB8-0027/2014, B8-0027/2014, B8-0030/2014, B8-0051/2014, B8-0052/2014, B8-0053/2014, B8-0055/2014, B8-0058/2014) EL
Reports (1)
REPORT on women domestic workers and carers in the EU PDF (526 KB) DOC (210 KB)
Shadow reports (11)
REPORT on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU PDF (429 KB) DOC (53 KB)
REPORT on care services in the EU for improved gender equality PDF (361 KB) DOC (87 KB)
REPORT on the employment and social policies of the euro area PDF (423 KB) DOC (74 KB)
REPORT on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2018 PDF (397 KB) DOC (94 KB)
REPORT on implementation of the European Disability Strategy PDF (806 KB) DOC (145 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Regulation (EEC) No 337/75 PDF (708 KB) DOC (115 KB)
INTERIM REPORT on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence PDF (622 KB) DOC (76 KB)
RECOMMENDATION on the draft Council decision on the Tripartite Social Summit for Growth and Employment and repealing Decision 2003/174/EC PDF (436 KB) DOC (84 KB)
REPORT on creating labour market conditions favourable for work-life balance PDF (496 KB) DOC (192 KB)
REPORT on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee PDF (1 MB) DOC (391 KB)
REPORT on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work PDF (941 KB) DOC (607 KB)
Opinions (2)
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
OPINION on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work
Shadow opinions (16)
OPINION on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework
OPINION on the proposal for amending Parliament’s Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties
OPINION on implementation of the Treaty provisions related to EU citizenship
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority
OPINION on the proposal for a regulation of the European Parliament and of the Council on pan-European Personal Pension Product (PEPP)
OPINION on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European citizens’ initiative
OPINION on the implementation of the Youth Employment Initiative in the Member States
POSITION IN FORM OF AMENDMENTS on implementation of the European Disability Strategy
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
OPINION on the proposal for a regulation of the European Parliament and of the Council on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
OPINION on assessment of the EU Youth Strategy 2013-2015
OPINION on the implementation of the UN Convention on the Rights of Persons with Disabilities with special regard to the Concluding Observations of the UN CRPD Committee
OPINION on meeting the antipoverty target in the light of increasing household costs
Institutional motions (159)
JOINT MOTION FOR A RESOLUTION on Cameroon PDF (153 KB) DOC (52 KB)
JOINT MOTION FOR A RESOLUTION on Brunei PDF (152 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on Cameroon PDF (161 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on Brunei PDF (148 KB) DOC (51 KB)
MOTION FOR A RESOLUTION Human rights situation in Kazakhstan PDF (158 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on Situation of human rights in Guatemala PDF (168 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on the urgency for an EU blacklist of third countries in line with the Anti-Money Laundering Directive PDF (143 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on gender balance in EU economic and monetary affairs nominations PDF (133 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on security threats connected with the rising Chinese technological presence in the EU and possible action at EU level to reduce them PDF (136 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on the future of the LGBTI List of Actions (2019-2023) PDF (151 KB) DOC (49 KB)
MOTION FOR A RESOLUTION on Zimbabwe PDF (149 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on women's rights defenders in Saudi Arabia PDF (191 KB) DOC (60 KB)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement PDF (153 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism PDF (152 KB) DOC (51 KB)
JOINT MOTION FOR A RESOLUTION on Sudan PDF (153 KB) DOC (60 KB)
PROPOSITION DE RÉSOLUTION sur la situation au Togo FR PDF (169 KB) DOC (59 KB)
MOTION FOR A RESOLUTION on Azerbaijan, notably the case of Mehman Huseynov PDF (156 KB) DOC (53 KB)
PROPOSITION DE RÉSOLUTION sur le Soudan FR PDF (165 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on Egypt, notably the situation of human rights defenders PDF (307 KB) DOC (60 KB)
JOINT MOTION FOR A RESOLUTION on the cum-ex scandal: financial crime and loopholes in the current legal framework PDF (269 KB) DOC (48 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Bangladesh PDF (293 KB) DOC (60 KB)
MOTION FOR A RESOLUTION on The human rights situation in Bangladesh PDF (298 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on the human rights situation in Cuba PDF (181 KB) DOC (52 KB)
PDF (280 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with transnational characteristics with respect to human rights PDF (305 KB) DOC (60 KB)
PROPOSITION DE RÉSOLUTION sur la situation des EAU, notamment la situation du défenseur des droits de l’Homme Ahmed Mansoor FR PDF (490 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on the situation in Yemen PDF (280 KB) DOC (51 KB)
JOINT MOTION FOR A RESOLUTION on the July 2018 fires in Mati in the Attica region of Greece and the EU’s response PDF (139 KB) DOC (53 KB)
MOTION FOR A RESOLUTION on the July 2018 fires in Mati in the Attica region, Greece, and the EU’s response PDF (267 KB) DOC (54 KB)
JOINT MOTION FOR A RESOLUTION on autonomous weapon systems PDF (274 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on Cambodia, notably the case of Kem Sokha PDF (289 KB) DOC (55 KB)
JOINT MOTION FOR A RESOLUTION on Burundi PDF (162 KB) DOC (53 KB)
JOINT MOTION FOR A RESOLUTION on Somalia PDF (161 KB) DOC (64 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Moldova following the invalidation of the mayoral elections in Chișinău PDF (151 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on Burundi PDF (286 KB) DOC (54 KB)
PROPOSITION DE RÉSOLUTION sur la situation des droits de l’Homme au Bahreïn, notamment le cas de Nabeel Rajab FR PDF (389 KB) DOC (57 KB)
JOINT MOTION FOR A RESOLUTION on Sudan, notably the situation of Noura Hussein Hammad PDF (156 KB) DOC (58 KB)
MOTION FOR A RESOLUTION on the situation in Venezuela PDF (165 KB) DOC (48 KB)
MOTION FOR A RESOLUTION on the situation in the Gaza strip PDF (179 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the Philippines PDF (218 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on the violation of human rights and the rule of law in the case of two Greek soldiers arrested and detained in Turkey PDF (261 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the situation in the Maldives PDF (302 KB) DOC (55 KB)
JOINT MOTION FOR A RESOLUTION on the situation of UNRWA PDF (270 KB) DOC (48 KB)
JOINT MOTION FOR A RESOLUTION on the current human rights situation in Turkey PDF (289 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on Executions in Egypt PDF (298 KB) DOC (58 KB)
PROPOSITION DE RÉSOLUTION sur la République Démocratique du Congo FR PDF (283 KB) DOC (57 KB)
MOTION FOR A RESOLUTION Nigeria PDF (292 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on El Salvador: The cases of women prosecuted for miscarriage PDF (286 KB) DOC (54 KB)
PROPOSITION DE RÉSOLUTION sur le Cambodge: interdiction de l'opposition FR PDF (393 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on the situation in Afghanistan PDF (188 KB) DOC (58 KB)
MOTION FOR A RESOLUTION on Myanmar: the situation of the Rohingya PDF (189 KB) DOC (77 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Yemen PDF (294 KB) DOC (58 KB)
JOINT MOTION FOR A RESOLUTION on Madagascar PDF (291 KB) DOC (59 KB)
MOTION FOR A RESOLUTION on Madagascar PDF (181 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on the situation of the rule of law and democracy in Poland PDF (153 KB) DOC (60 KB)
JOINT MOTION FOR A RESOLUTION on combating sexual harassment and abuse in the EU PDF (309 KB) DOC (61 KB)
PROPOSITION DE RÉSOLUTION sur la situation aux Maldives FR PDF (375 KB) DOC (57 KB)
MOTION FOR A RESOLUTION Situation of people with albinism in Malawi and other African countries PDF (173 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on Laos: notably the cases of Somphone Phimmasone, Lod Thammavong and Soukane Chaithad PDF (262 KB) DOC (50 KB)
PROPOSITION DE RÉSOLUTION sur la Situation des droits de l'Homme en Indonésie FR PDF (387 KB) DOC (59 KB)
MOTION FOR A RESOLUTION on Pakistan, notably the situation of human rights defenders and the death penalty PDF (173 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the humanitarian situation in Yemen PDF (278 KB) DOC (59 KB)
MOTION FOR A RESOLUTION on a joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on the new European Consensus on Development – Our World, Our Dignity, Our Future PDF (258 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on the Multiannual Framework for 2018-2022 for the European Union Agency for Fundamental Rights PDF (261 KB) DOC (52 KB)
PROPOSITION DE RÉSOLUTION sur l'Ėthiopie notamment le cas de Dr Merera Gudina FR PDF (290 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on achieving the two-state solution in the Middle East PDF (179 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on making relocation happen PDF (275 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on the situation on Hungary PDF (277 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on Belarus PDF (172 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on Zimbabwe, case of Pastor Evan Mawarire PDF (171 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on the EU’s priorities for the UN Human Rights Council sessions in 2017 PDF (378 KB) DOC (59 KB)
JOINT MOTION FOR A RESOLUTION on executions in Kuwait and Bahrain PDF (155 KB) DOC (79 KB)
MOTION FOR A RESOLUTION on Guatemala, notably the situation of human rights defenders PDF (185 KB) DOC (53 KB)
MOTION FOR A RESOLUTION on the conclusion of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part PDF (304 KB) DOC (60 KB)
MOTION FOR A RESOLUTION on the rule of law crisis in the Democratic Republic of the Congo and Gabon PDF (202 KB) DOC (58 KB)
PROPOSITION DE RÉSOLUTION sur Indonésie, et notamment les cas d'Hosea Yeimo, d'Ismael Alua et du gouverneur de Djakarta FR PDF (322 KB) DOC (57 KB)
PROPOSITION DE RÉSOLUTION sur Situation des Rohingyas au Myanmar FR PDF (292 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on mass graves in Iraq PDF (193 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on the situation in the Democratic Republic of the Congo PDF (186 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on the situation of the Guarani-Kaiowa in the Brazilian State of Mato Grosso Do Sul PDF (279 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on sign languages and professional sign language interpreters PDF (275 KB) DOC (85 KB)
MOTION FOR A RESOLUTION on the EU accession to the Istanbul Convention on preventing and combating violence against women PDF (167 KB) DOC (86 KB)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed agreement between Canada and the European Union on a Comprehensive Economic and Trade Agreement (CETA) PDF (256 KB) DOC (63 KB)
MOTION FOR A RESOLUTION on the situation of journalists in Turkey PDF (177 KB) DOC (73 KB)
MOTION FOR A RESOLUTION on nuclear security and non-proliferation PDF (178 KB) DOC (72 KB)
JOINT MOTION FOR A RESOLUTION on Rwanda, the case of Victoire Ingabire PDF (291 KB) DOC (83 KB)
PROPOSITION DE RÉSOLUTION sur Myanmar : situation des Rohingyas FR PDF (324 KB) DOC (79 KB)
MOTION FOR A RESOLUTION on the situation of albinos in Africa, notably in Malawi PDF (263 KB) DOC (66 KB)
PROPOSITION DE RÉSOLUTION Le Bahrein FR PDF (192 KB) DOC (77 KB)
PROPOSITION DE RÉSOLUTION sur le Cambodge FR PDF (196 KB) DOC (82 KB)
PROPOSITION DE RÉSOLUTION sur Djibouti FR PDF (369 KB) DOC (82 KB)
MOTION FOR A RESOLUTION on Gambia PDF (272 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on the follow-up to and review of the 2030 Agenda PDF (285 KB) DOC (83 KB)
MOTION FOR A RESOLUTION on Honduras: situation of indigenous rights defenders & LGBTI peoples PDF (195 KB) DOC (85 KB)
PROPOSITION DE RÉSOLUTION sur le Pakistan, en particulier sur l'attaque à Lahore FR PDF (192 KB) DOC (79 KB)
PROPOSITION DE RÉSOLUTION sur la République Démocratique du Congo FR PDF (282 KB) DOC (83 KB)
MOTION FOR A RESOLUTION on Egypt, notably the case of Giulio Regeni PDF (284 KB) DOC (80 KB)
MOTION FOR A RESOLUTION on the situation in Eritrea PDF (177 KB) DOC (75 KB)
JOINT MOTION FOR A RESOLUTION on Bahrain: the case of Mohammed Ramadan PDF (149 KB) DOC (82 KB)
PROPOSITION DE RÉSOLUTION sur Bahrain: le cas de Mohammed Ramadan FR PDF (265 KB) DOC (76 KB)
MOTION FOR A RESOLUTION on the case of the missing book publishers in Hong Kong PDF (172 KB) DOC (69 KB)
MOTION FOR A RESOLUTION on the human rights situation in Crimea, in particular of the Crimean Tatars PDF (165 KB) DOC (65 KB)
MOTION FOR A RESOLUTION on the situation in Libya PDF (187 KB) DOC (73 KB)
MOTION FOR A RESOLUTION on systematic mass murder of religious minorities by ISIS PDF (177 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on North Korea PDF (168 KB) DOC (67 KB)
MOTION FOR A RESOLUTION on the mutual defence clause (Article 42(7) TEU) PDF (235 KB) DOC (59 KB)
PROPOSITION DE RÉSOLUTION sur la Malaisie FR PDF (271 KB) DOC (77 KB)
PROPOSITION DE RÉSOLUTION sur la situation aux Maldives FR PDF (256 KB) DOC (74 KB)
JOINT MOTION FOR A RESOLUTION on freedom of expression in Bangladesh PDF (292 KB) DOC (85 KB)
MOTION FOR A RESOLUTION on a new animal welfare strategy for 2016-2020 PDF (192 KB) DOC (83 KB)
PROPOSITION DE RÉSOLUTION sur le Cambodge FR PDF (154 KB) DOC (75 KB)
PROPOSITION DE RÉSOLUTION sur l'Afghanistan en particulier les meurtres dans la province de Zabul FR PDF (158 KB) DOC (76 KB)
MOTION FOR A RESOLUTION on the freedom of expression in Bangladesh PDF (150 KB) DOC (74 KB)
MOTION FOR A RESOLUTION on emission measurements in the automotive sector PDF (300 KB) DOC (87 KB)
JOINT MOTION FOR A RESOLUTION on the death penalty PDF (155 KB) DOC (81 KB)
JOINT MOTION FOR A RESOLUTION on the case of Ali Mohammed al-Nimr PDF (159 KB) DOC (80 KB)
MOTION FOR A RESOLUTION on the displacement of children in Northern Nigeria as a result of Boko Haram attacks PDF (154 KB) DOC (80 KB)
MOTION FOR A RESOLUTION the case of Ali Mohammed al-Nimr PDF (147 KB) DOC (71 KB)
PROPOSITION DE RÉSOLUTION sur la Thaïlande FR PDF (143 KB) DOC (72 KB)
PROPOSITION DE RÉSOLUTION sur la République Centre Africaine FR PDF (151 KB) DOC (73 KB)
MOTION FOR A RESOLUTION on the death penalty PDF (189 KB) DOC (83 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Burundi PDF (162 KB) DOC (86 KB)
PROPOSITION DE RÉSOLUTION sur le Soudan, la peine de mort contre deux pasteurs chrétiens dans l'exercice de leur foi FR PDF (159 KB) DOC (81 KB)
PROPOSITION DE RÉSOLUTION sur La situation en République Démocratique du Congo (RDC), en particulier le cas de deux détenus, militants des droits de l'homme Yves Makwambala et Fred Bauma FR PDF (141 KB) DOC (72 KB)
PROPOSITION DE RÉSOLUTION sur les projets de lois du Cambodge sur les ONG et les syndicats FR PDF (150 KB) DOC (75 KB)
MOTION FOR A RESOLUTION on the situation in Yemen PDF (182 KB) DOC (75 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Nepal following the earthquakes PDF (178 KB) DOC (83 KB)
JOINT MOTION FOR A RESOLUTION on recent revelations on high-level corruption cases in FIFA PDF (162 KB) DOC (87 KB)
MOTION FOR A RESOLUTION on Paraguay: the legal aspects related to the child pregnancy PDF (140 KB) DOC (66 KB)
MOTION FOR A RESOLUTION on the situation in Nepal after the earthquakes PDF (140 KB) DOC (68 KB)
MOTION FOR A RESOLUTION on Syria, the situation in Palmyra and the case of Mazen Darwish PDF (141 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on recent revelations of high-level corruption cases in FIFA PDF (193 KB) DOC (77 KB)
MOTION FOR A RESOLUTION on the situation in Hungary PDF (172 KB) DOC (68 KB)
MOTION FOR A RESOLUTION Swaziland, the case of trade union leader Thulani Maseko and Bheki Makhubu PDF (128 KB) DOC (58 KB)
MOTION FOR A RESOLUTION on the List of Issues adopted by the United Nations Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union PDF (254 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on the Xylella emergency PDF (235 KB) DOC (64 KB)
MOTION FOR A RESOLUTION on the destruction of cultural sites perpetrated by ISIS/Da’esh PDF (315 KB) DOC (69 KB)
MOTION FOR A RESOLUTION on the report of the extraordinary European Council (23 April 2015) - Latest tragedies in the Mediterranean and EU migration and asylum policies PDF (152 KB) DOC (69 KB)
MOTION FOR A RESOLUTION on the situation of the Yarmouk refugee camp PDF (127 KB) DOC (57 KB)
JOINT MOTION FOR A RESOLUTION on the centenary of the Armenian Genocide PDF (127 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on the commemoration of the centenary of the Armenian Genocide PDF (134 KB) DOC (55 KB)
JOINT MOTION FOR A RESOLUTION on mass graves of the missing persons of Ashia in Ornithi village in the occupied part of Cyprus PDF (135 KB) DOC (70 KB)
MOTION FOR A RESOLUTION on the mass graves of the Missing Persons of Ashia, at Ornithi village in the occupied part of Cyprus PDF (132 KB) DOC (62 KB)
MOTION FOR A RESOLUTION on the US Senate report on the use of torture by the CIA PDF (238 KB) DOC (63 KB)
JOINT MOTION FOR A RESOLUTION on freedom of expression in Turkey: Recent arrests of journalists, media executives and systematic pressure against media PDF (131 KB) DOC (62 KB)
PROPOSITION DE RÉSOLUTION sur Pakistan, en particuliersur la situation à la suite de l'attaque de l'école de Peshawar FR PDF (143 KB) DOC (66 KB)
MOTION FOR A RESOLUTION on freedom of expression in Turkey: recent arrests of journalists and media executives, and systematic pressure against the media in Turkey PDF (138 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on the situation in Libya PDF (153 KB) DOC (71 KB)
MOTION FOR A RESOLUTION on the persecution of the democratic opposition in Venezuela PDF (141 KB) DOC (65 KB)
MOTION FOR A RESOLUTION on the steel sector in the EU: protecting workers and industries PDF (127 KB) DOC (61 KB)
MOTION FOR A RESOLUTION on recognition of Palestinian statehood PDF (125 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on Iraq: kidnapping and mistreatment of women PDF (141 KB) DOC (68 KB)
PROPOSITION DE RÉSOLUTION sur les lois sur le blasphème au Pakistan FR PDF (138 KB) DOC (66 KB)
MOTION FOR A RESOLUTION on the 25th anniversary of the UN Convention on the Rights of the Child PDF (159 KB) DOC (91 KB)
MOTION FOR A RESOLUTION on the EU’s response to the Ebola outbreak PDF (128 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on Israel-Palestine after the Gaza war and the role of the EU PDF (138 KB) DOC (67 KB)
PROPOSITION DE RÉSOLUTION sur Nigeria, les récentes attaques de Boko Haram FR PDF (125 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on Sudan, the case of Meriam Yahia Ibrahim PDF (138 KB) DOC (59 KB)
MOTION FOR A RESOLUTION on freedom of expression and assembly in Egypt PDF (131 KB) DOC (64 KB)
Oral questions (23)
Humanitarian emergency in the Mediterranean: supporting local and regional authorities PDF (104 KB) DOC (19 KB)
Humanitarian emergency in the Mediterranean: supporting local and regional authorities PDF (104 KB) DOC (19 KB)
VP/HR - EU-Turkey relations PDF (203 KB) DOC (19 KB)
Treaty on the Prohibition of Nuclear Weapons (TPNW) PDF (196 KB) DOC (19 KB)
Protection of children in migration PDF (201 KB) DOC (22 KB)
Request for an investigation into compliance with the Tobacco directive following the Filtergate scandal PDF (195 KB) DOC (19 KB)
Major interpellation - Israel's involvement in projects financed under Horizon 2020 PDF (105 KB) DOC (17 KB)
Treaty on the Prohibition of Nuclear Weapons PDF (193 KB) DOC (19 KB)
Fight against trafficking of women and girls for sexual and labour exploitation in the EU PDF (204 KB) DOC (21 KB)
SMP and ANFA profits from Greek bonds PDF (105 KB) DOC (19 KB)
Neutrality of airline reservation systems (GDS) and restriction of access to flight information PDF (196 KB) DOC (21 KB)
Ruling by the General Court of the European Union on the Commission's decision of 10 September 2014 to refuse to register the European Citizens' Initiative 'STOP TTIP' PDF (198 KB) DOC (17 KB)
Mr Dijsselbloem's remarks on what caused the economic crisis in southern Europe PDF (105 KB) DOC (16 KB)
Trafficking in Human Beings PDF (98 KB) DOC (18 KB)
Violation of the EU Charter of Fundamental Rights in Greece, concerning labour relations PDF (102 KB) DOC (17 KB)
Next steps towards corporate accountability: The EU's role on the UN's working group on transnational corporations and other business enterprises PDF (104 KB) DOC (17 KB)
'EU-Afghanistan Joint Way Forward on migration issues': Role and consultation of the European Parliament PDF (194 KB) DOC (16 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (203 KB) DOC (18 KB)
The EU accession to the Istanbul Convention on preventing and combating violence against women PDF (202 KB) DOC (18 KB)
Cumulative effects of damages caused by 'regional natural disasters' as defined in Regulation (EU) No 661/2014 PDF (106 KB) DOC (16 KB)
Regarding leaked consolidated TTIP chapter PDF (109 KB) DOC (26 KB)
Reports of consistent abuse of asylum-seekers by Bulgarian police PDF (105 KB) DOC (25 KB)
Volkswagen's emissions fraud and the protection of EU citizens PDF DOC
Written explanations (6)
Implementation of the EU-Colombia and Peru Trade Agreement (A8-0446/2018 - Santiago Fisas Ayxelà) EL
Στη χθεσινή ψηφοφορία για την εμπορική συνεργασία ΕΕ – Κολομβίας και Περού αποφάσισα να απέχω. Κι αυτό γιατί, όσο επωφελής και να είναι αυτή η συμφωνία για τα εμπλεκόμενα κράτη, δεν μπορεί να χρησιμοποιείται ως δικαιολογία για να παραβλέπονται θεμελιώδη ζητήματα που απειλούν την ειρήνη και ασφάλεια της περιοχής αλλά και την ευημερία των πολιτών. Οι εμπορικές συμφωνίες «νέας γενιάς» μπορούν να ανασταλούν αν διαπιστωθούν σοβαρές παραβιάσεις ανθρωπίνων δικαιωμάτων κι αυτό είναι κάτι που πρέπει να έχουμε υπόψη. Η έκθεση του συναδέλφου Fisas Ayxelà εντοπίζει κάποιες από τις προβληματικές, αλλά μόνον επιδερμικά. Οι τροπολογίες που εισήγαγε η ομάδα μας στην ολομέλεια δεν έγιναν δεκτές και το κείμενο δεν βελτιώθηκε στο σύνολό του. Λαμβάνοντας υπόψη τα παραπάνω, ψήφισα αποχή στην τελική ψηφοφορία επί του συνόλου του κειμένου.
Situation in Venezuela (RC-B8-0270/2017, B8-0270/2017, B8-0271/2017, B8-0272/2017, B8-0274/2017, B8-0275/2017, B8-0276/2017, B8-0277/2017) EL
Κατά τη διάρκεια της σημερινής πολύωρης ψηφοφορίας επί των πολυάριθμων κειμένων της 27ης Απριλίου, και συγκεκριμένα, επί του ψηφίσματος για την κατάσταση στη Βενεζουέλα, κατεγράφη λανθασμένα η ψήφος μου ως "αρνητική", ενώ η πρόθεσή μου ήταν να επιλέξω "αποχή", κι αυτό γιατί το κοινό ψήφισμα που τέθηκε σε ψηφοφορία δεν θεωρώ πως έπρεπε να υπερψηφιστεί. Αντιθέτως, η επιλογή της αποχής θεωρώ ότι αποτελεί την υπερψήφιση της ανάγκης για διάλογο σε μια χώρα που αντιμετωπίζει σοβαρά προβλήματα και καλείται να διαφυλάξει τις αρχές της Μπολιβαριανής Δημοκρατίας.
EU-Canada Comprehensive Economic and Trade Agreement (A8-0009/2017 - Artis Pabriks) EL
Είμαι της γνώμης ότι η Συνολική Οικονομική και Εμπορική Συμφωνία (ΣΕΟΣ) δεν προστατεύει αποτελεσματικά τα ζητήματα των πνευματικών δικαιωμάτων και προσωπικών δεδομένων των πολιτών της Ένωσης, ενώ υπολείπεται ιδιαιτέρως στον τομέα προστασίας των καταναλωτών και των εργαζομένων. Δεν είμαι καθόλου ικανοποιημένη από το επίπεδο προστασίας εργασιακών δικαιωμάτων, στα οποία δεν γίνεται επαρκής αναφορά στη Συμφωνία, ενώ δεν περιέχει ρήτρα προστασίας των δικαιωμάτων του ανθρώπου. Δεν έχει γίνει επιπλέον καμία ανάλυση με όλους τους ποιοτικούς και ποσοτικούς δείκτες ώστε να προβλεφθεί με ακρίβεια η επίδραση της συμφωνίας στην αγορά εργασίας. Ασάφειες επίσης υπάρχουν σχετικά με την προστασία των προϊόντων προστατευμένης ονομασίας προέλευσης (Π.Ο.Π.), ζήτημα στο οποίο η Ένωση φάνηκε να υποχωρεί άνευ λόγου από την πρότερη κατοχύρωση στο όνομα της απελευθέρωσης του εμπορίου. Επίσης, το σύστημα εναλλακτικής επίλυσης διαφορών επενδυτικού χαρακτήρα, που προκάλεσε αντιδράσεις δικαιολογημένα λόγω της αμφίβολης αμεροληψίας, αντικαταστάθηκε από το εξίσου μονομερές σύστημα του Παγκόσμιου Δικαστηρίου, που δίνει δικαίωμα προσφυγής αποκλειστικά στους επενδυτές. Τέλος, το πλαίσιο των δημοσίων συμβάσεων απορρυθμίζεται με τεράστια πίεση στις μικρομεσαίες επιχειρήσεις, που δεν θα μπορούν να ανταποκριθούν στο επίπεδο του ανταγωνισμού. Aυτά είναι μερικά μόνο από τα ελαττώματα που προσπάθησαν οι λαοί της Ευρώπης να επισημάνουν.
Conclusion of the EU-Canada CETA (B8-0141/2017, B8-0142/2017, B8-0143/2017, B8-0144/2017, B8-0145/2017, B8-0146/2017) EL
Είμαι της γνώμης ότι η Συνολική Οικονομική και Εμπορική Συμφωνία (ΣΕΟΣ) δεν προστατεύει αποτελεσματικά τα ζητήματα των πνευματικών δικαιωμάτων και προσωπικών δεδομένων των πολιτών της Ένωσης, ενώ υπολείπεται ιδιαιτέρως στον τομέα προστασίας των καταναλωτών και των εργαζομένων. Δεν είμαι καθόλου ικανοποιημένη από το επίπεδο προστασίας εργασιακών δικαιωμάτων, στα οποία δεν γίνεται επαρκής αναφορά στην Συμφωνία, ενώ δεν περιέχει ρήτρα προστασίας των δικαιωμάτων του ανθρώπου. Δεν έχει γίνει επιπλέον καμία ανάλυση με όλους τους ποιοτικούς και ποσοτικούς δείκτες ώστε να προβλεφθεί με ακρίβεια η επίδραση της συμφωνίας στην αγορά εργασίας. Ασάφειες επίσης υπάρχουν σχετικά με την προστασία των προϊόντων προστατευμένης ονομασίας προέλευσης (Π.Ο.Π.), ζήτημα στο οποίο η Ένωση φάνηκε να υποχωρεί άνευ λόγου από την πρότερη κατοχύρωση στο όνομα της απελευθέρωσης του εμπορίου. Επίσης, το σύστημα εναλλακτικής επίλυσης διαφορών επενδυτικού χαρακτήρα, που προκάλεσε αντιδράσεις δικαιολογημένα λόγω της αμφίβολης αμεροληψίας, αντικαταστάθηκε από το εξίσου μονομερές σύστημα του Παγκόσμιου Δικαστηρίου, που δίνει δικαίωμα προσφυγής αποκλειστικά στους επενδυτές. Τέλος, το πλαίσιο των δημοσίων συμβάσεων απορρυθμίζεται με τεράστια πίεση στις μικρομεσαίες επιχειρήσεις, που δεν θα μπορούν να ανταποκριθούν στο επίπεδο του ανταγωνισμού. Αυτά είναι μερικά μόνο από τα ελαττώματα που προσπάθησαν οι λαοί της Ευρώπης να επισημάνουν.
EU-Canada Strategic Partnership Agreement (A8-0028/2017 - Charles Tannock) EL
Είμαι της γνώμης ότι η Συνολική Οικονομική και Εμπορική Συμφωνία (ΣΕΟΣ) δεν προστατεύει αποτελεσματικά τα ζητήματα των πνευματικών δικαιωμάτων και προσωπικών δεδομένων των πολιτών της Ένωσης, ενώ υπολείπεται ιδιαιτέρως στον τομέα προστασίας των καταναλωτών και των εργαζομένων. Δεν είμαι καθόλου ικανοποιημένη από το επίπεδο προστασίας εργασιακών δικαιωμάτων, στα οποία δεν γίνεται επαρκής αναφορά στην Συμφωνία, ενώ δεν περιέχει ρήτρα προστασίας των δικαιωμάτων του ανθρώπου. Δεν έχει γίνει επιπλέον καμία ανάλυση με όλους τους ποιοτικούς και ποσοτικούς δείκτες ώστε να προβλεφθεί με ακρίβεια η επίδραση της συμφωνίας στην αγορά εργασίας. Ασάφειες επίσης υπάρχουν σχετικά με την προστασία των προϊόντων προστατευμένης ονομασίας προέλευσης (Π.Ο.Π.), ζήτημα στο οποίο η Ένωση φάνηκε να υποχωρεί άνευ λόγου από την πρότερη κατοχύρωση στο όνομα της απελευθέρωσης του εμπορίου. Επίσης, το σύστημα εναλλακτικής επίλυσης διαφορών επενδυτικού χαρακτήρα, που προκάλεσε αντιδράσεις δικαιολογημένα λόγω της αμφίβολης αμεροληψίας, αντικαταστάθηκε από το εξίσου μονομερές σύστημα του Παγκόσμιου Δικαστηρίου, που δίνει δικαίωμα προσφυγής αποκλειστικά στους επενδυτές. Τέλος, το πλαίσιο των δημοσίων συμβάσεων απορρυθμίζεται με τεράστια πίεση στις μικρομεσαίες επιχειρήσεις, που δεν θα μπορούν να ανταποκριθούν στο επίπεδο του ανταγωνισμού. Αυτά είναι μόνο μερικά από τα ελαττώματα που προσπάθησαν οι λαοί της Ευρώπης να επισημάνουν.
Cost-effective emission reductions and low-carbon investments (A8-0003/2017) EL
Καταψήφισα την έκθεση Duncan, διότι δεν θεωρώ ότι η πρόταση τροποποίησης εισάγει αποτελεσματικές διατάξεις και εργαλεία για την προστασία του περιβάλλοντος. Το σύστημα ETS, το οποίο θεωρητικά δημιουργήθηκε για να μειώσει τις εκπομπές CO2, πρακτικά έχει καταλήξει να χρησιμοποιείται ως μηχανισμός κερδοσκοπίας των πλουσιότερων εις βάρος των φτωχότερων χωρών, και τελικά εις βάρος του περιβάλλοντος. Σε ό,τι αφορά τον κλάδο τσιμεντοβιομηχανίας και ασβέστου, συνυπέγραψα και υπερψήφισα τροπολογίες με γνώμονα την προστασία δεκάδων χιλιάδων θέσεων απασχόλησης και λειτουργίας των επιχειρήσεων του κλάδου, προκειμένου να συνεχίσουν να δραστηριοποιούνται αφενός και αφετέρου να έχουν το χρονικό και οικονομικό περιθώριο προσαρμογής της λειτουργίας τους σε χρήση τεχνολογίας μείωσης των εκπομπών CO2 και χρήσης καθαρών μορφών ενέργειας. Ακόμα, υποστήριξα τροπολογίες που θα παρείχαν πρόσβαση στο Ταμείο Εκσυγχρονισμού και στο καθεστώς εμπορίας ρύπων, με αλλαγή στον τρόπο υπολογισμού του δικαιώματος πρόσβασης, με βάση το ΑΕΠ του 2014, 2015, και όχι του 2013. Αυτό θα βοηθούσε, με δεδομένη τη δύσκολη οικονομική κατάσταση που περνάει η χώρα μου, σε πιο ομαλή μετάβαση στο νέο, καθαρό ενεργειακό μοντέλο που έχουμε ανάγκη, με μια δημόσια επιχείρηση ηλεκτρισμού να διατηρεί τον κεντρικό ρόλο της στην ενεργειακή ασφάλεια της χώρας και στη διατήρηση των τιμών ρεύματος σε ανεκτά για την κοινωνική πλειοψηφία επίπεδα.
Major interpellations (1)
Israel's involvement in projects financed under Horizon 2020 PDF (105 KB) DOC (17 KB)
Written questions (85)
Austerity as an influencing factor on the slowdown of life expectancy growth in the EU PDF (40 KB) DOC (18 KB)
Monopoly on press distribution in Greece PDF (99 KB) DOC (18 KB)
Murder of Kateryna Handzyuk and corruption in Ukraine PDF (103 KB) DOC (19 KB)
Withdrawal of Austria and the Czech Republic from the UN Global Compacts on Migration and Refugees PDF (105 KB) DOC (20 KB)
Withdrawal of Austria and the Czech Republic from the UN Global Compacts on Migration and Refugees PDF (104 KB) DOC (20 KB)
How does Frontex protect migrants from abuse by traffickers? PDF (104 KB) DOC (19 KB)
How does Frontex protect migrants from abuse by traffickers? PDF (118 KB) DOC (20 KB)
Relations between the tax avoidance 'Big Four' and the EU institutions PDF (102 KB) DOC (18 KB)
Is the 12-hour day in Austria compatible with EU law? PDF (103 KB) DOC (17 KB)
The European Ombudsman charges the ECB with maladministration PDF (103 KB) DOC (18 KB)
Eurostat report on the EDOEAP PDF (104 KB) DOC (18 KB)
The 'Pan-European Pension Product (PEPP)' and BlackRock PDF (106 KB) DOC (20 KB)
Reinforcement of the delegation of election experts for the elections in Colombia PDF (5 KB) DOC (18 KB)
Exclusion of 9.8 million public sector workers from information and consultation rights PDF (103 KB) DOC (18 KB)
Unemployed defrauded by recruitment agencies in EU Member States PDF (5 KB) DOC (18 KB)
Each year, only 29 000 of the 1.1 million EU migrant workers are able to find employment through EURES PDF (5 KB) DOC (18 KB)
Limiting youth unemployment (Youth Employment Scheme) PDF (102 KB) DOC (18 KB)
Proposal to introduce a 28-hour working week in Germany PDF (102 KB) DOC (18 KB)
Fresh refusal by the ECB to give the European Court of Auditors full access to information PDF (106 KB) DOC (18 KB)
Fear campaign launched against the Turkish-Cypriot newspaper Afrika PDF (103 KB) DOC (17 KB)
VP/HR - Leyla Zana dismissed from the Turkish Parliament PDF (103 KB) DOC (18 KB)
Unpaid internships at the Commission PDF (194 KB) DOC (17 KB)
Measures to support Member States with long-term and youth unemployment rates above the Eurozone average PDF (199 KB) DOC (18 KB)
ECB refusal to supply the European Court of Auditors with information regarding the memorandum provisions for Greece PDF (120 KB) DOC (19 KB)
Extensive natural disasters in Samothraki and overall European strategy PDF (5 KB) DOC (18 KB)
Application of Relocation Decisions 2015/1523 and 2015/1601 ahead of their expiration date (26 September 2017) PDF (196 KB) DOC (21 KB)
On 'leased' employees of systemic banks PDF (104 KB) DOC (16 KB)
Implementation of the Cross-border Healthcare Directive PDF (102 KB) DOC (16 KB)
Labour rights in Japan PDF (101 KB) DOC (17 KB)
VP/HR - European companies investing in Western Sahara PDF (103 KB) DOC (17 KB)
Increased EU fishing in Western Sahara under the EU-Morocco Fisheries Agreement PDF (104 KB) DOC (19 KB)
EU funding to Moroccan projects in Western Sahara under the EU-Morocco Fisheries Agreement PDF (7 KB) DOC (20 KB)
EU fishing in Western Sahara waters under the EU-Morocco Fishing Agreement PDF (106 KB) DOC (20 KB)
EU health and food safety inspections in Western Sahara PDF (104 KB) DOC (20 KB)
Western Sahara and the decision of the European Court of Justice on EU-Morocco relations PDF (104 KB) DOC (16 KB)
Western Sahara and EU-Morocco negotiations on a Deep and Comprehensive Free Trade Area (DCFTA) PDF (6 KB) DOC (17 KB)
Labour rights in the Republic of Korea PDF (102 KB) DOC (18 KB)
Right to water PDF (102 KB) DOC (17 KB)
State of the rule of law, democracy and human rights in Hungary PDF (103 KB) DOC (17 KB)
Mobility equipment for passengers with disabilities PDF (193 KB) DOC (17 KB)
Accessibility for air passengers with disabilities PDF (95 KB) DOC (16 KB)
Commission's position on the common wishes of social partners on employment PDF (102 KB) DOC (15 KB)
Is Turkey a safe third country for refugees in the light of recent developments? PDF (103 KB) DOC (16 KB)
Referendum to annul joint European decisions PDF (101 KB) DOC (17 KB)
Compatibility of Polish anti-terrorism law with EU law and human rights standards PDF (195 KB) DOC (16 KB)
Ending unilateral preferential trade arrangements between the European Union and Turkey to the detriment of the Member States PDF (101 KB) DOC (16 KB)
500 refugees missing in the Mediterranean Sea PDF (103 KB) DOC (16 KB)
Imminent benefit cuts for persons with disabilities PDF (103 KB) DOC (25 KB)
The case of Palestinian Omar Nayef Zayed PDF (6 KB) DOC (25 KB)
Proposed European Border and Coast Guard (EBCG) and Complaints Mechanism in respect of violation of human rights PDF (105 KB) DOC (25 KB)
Will any measures be taken to prevent collective redundancies by Cola Coca and other multinationals? PDF (104 KB) DOC (25 KB)
Negotiations over labour rights with the Troika and good practice PDF (103 KB) DOC (24 KB)
Depletion of EU funding for job creation programmes after 2016 PDF (6 KB) DOC (25 KB)
Implementation of Council decisions on the relocation of 160 000 asylum seekers from Italy and Greece PDF (195 KB) DOC (25 KB)
Compatibility of the establishment and management of hotspots with EU law PDF (196 KB) DOC (25 KB)
Article 19 UN CRPD - Use of European Structural and Investment Funds PDF (190 KB) DOC (25 KB)
Repatriation of possible victims of trafficking in breach of the suspension order issued by the Rome Court (First Chamber) PDF (103 KB) DOC (25 KB)
EU unemployment fund PDF (5 KB) DOC (30 KB)
Safer healthcare in Europe PDF (101 KB) DOC (24 KB)
Violation of labour and trade union rights in the European Patent Organisation (EPO) PDF (105 KB) DOC (25 KB)
Review of Directive on maternity leave PDF (103 KB) DOC (24 KB)
Review of Directive on maternity leave PDF (100 KB) DOC (24 KB)
Use of European Structural and Investment Funds PDF (103 KB) DOC (25 KB)
Effect of unemployment on GDP of Greece and its trading partners PDF (102 KB) DOC (24 KB)
Effect of unemployment on GDP of Greece and its trading partners PDF (102 KB) DOC (24 KB)
Extension to Rural Development Programme 2007-2013 PDF (102 KB) DOC (25 KB)
VP/HR - Torture in Saudi Arabia PDF (193 KB) DOC (26 KB)
Strike by Birleşik Metal-İş union workers in Turkey PDF (103 KB) DOC (26 KB)
Terrifying upsurge in unpaid work in Greece PDF (105 KB) DOC (25 KB)
Massive infringements of the rights of persons with disabilities in Greece PDF (104 KB) DOC (26 KB)
Impact of Tarakhel v Switzerland on the implementation and possible revision of the Dublin III Regulation PDF (104 KB) DOC (25 KB)
Syrian refugees in Athens PDF (103 KB) DOC (25 KB)
Proposal for a directive on the accessibility of public sector bodies' websites (COM(2012) 721 final) PDF (5 KB) DOC (23 KB)
Need for protection of social rights PDF (193 KB) DOC (26 KB)
Decision-making in the Troika PDF (6 KB) DOC (25 KB)
Plans for a radical overhaul of the basic trade union law PDF (102 KB) DOC (25 KB)
Re-examination of modified public service employment contracts PDF (6 KB) DOC (25 KB)
European programmes to combat unemployment PDF (103 KB) DOC (25 KB)
Further Commission pressure for the reduction of pensions and deregulation of industrial relations in Greece PDF (103 KB) DOC (25 KB)
Conference of Western Balkan States organised by Germany PDF (6 KB) DOC (25 KB)
Approval of Council Regulation (EU) n° 833/2014 of 31 July 2014 PDF (6 KB) DOC (25 KB)
Funding gap in the Greek programme PDF (100 KB) DOC (24 KB)
Restriction of competition affecting the Public Power Corporation (DEH) PDF (104 KB) DOC (25 KB)
Monitoring compliance by Greece with the decisions of the European Committee of Social Rights PDF (101 KB) DOC (23 KB)
Report by a UN expert on human rights abuses in Greece as a result of the implementation of austerity measures PDF (7 KB) DOC (25 KB)
Written declarations (4)
Amendments (1753)
Amendment 49 #
2018/2145(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Prespes Agreement of 17th of June 2018 between Greece and the former Yugoslav Republic of Macedonia and commends both sides for their significant efforts to reach a commonly satisfying solution to the name issue. Welcomes the ratification by the Parliament of the former Yugoslav Republic of Macedonia of the strategic partnership agreement with Greece on 20 June 2018; urges the parties to duly inform their citizens of the contents and implications of the agreement and to diligently complete all internal procedures for the ratification and implementation of this strategically important agreement, bringing an end to a protracted geopolitical limboreinforcing the peace and stability in the region;
Amendment 12 #
2018/2111(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the European Court of Justice (ECJ) has been contributing to the progressive development of the notion of citizenship to the point where certain aspects have been gaining a relative autonomy through the lens of the European constitutional setting; recalls that article 20 TFEU precludes national measures that have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the Union1b; _________________ 1b Judgement of the Court (Grand Chamber) of 9 March 2011, Gerardo Ruiz Zambrano v. Office national de l'emploi (ONEm), European Court Reports 2011 I- 01177.
Amendment 14 #
2018/2111(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Strongly supports the view citizenship has been developed as a fundamental status for nationals of the Member States without any discrimination whatsoever, that is enjoyed even in the absence of a cross-border element and can be therefore permissibly invoked against measures that have a restrictive or deprivatory nature 1c; conversely believes that individuals that fulfil the criteria for naturalisation under national laws should not be prevented from enjoying the rights emanating from the European citizenship due to administrative delays in the process of evaluation; recommends therefore for States to make publicly available the conditions and requirements in an accessible and understandable manners; _________________ 1c Judgement of the Court (Grand Chamber) of 2 March 2010, Janko Rottman v. Reistaat Bayern, Case C- 135/08.
Amendment 15 #
2018/2111(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Strongly believes that the principle of non-discrimination is a cornerstone of the European citizenship and a general principle and a fundamental value of the EU Law according to Article 2 of the TEU; Stresses in particular that Article 10 of the TFEU prohibits discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation when defining and implementing policies and activities; Reminds that the Racial Equality Directive (2000/43/EC) which introduced prohibition of discrimination on the basis of race or ethnicity in the context of employment, the Gender Goods and Services Directive (2004/113/EC) and Gender Equality Directive (2006/54/EC) guarantees equal treatment only in relating to social security; regrets the fact that the Directives still are lacking in implementation more than ten years after the deadline for their transposition;
Amendment 16 #
2018/2111(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Regrets the fact that the Anti- discrimination Directive implementing the principle of equal treatment outside the labour market, extending protection against discrimination with a horizontal approach still remains blocked by the Council, a decade after the Commission proposal; believes that the upcoming presidencies should strive to deliver a position on the Directive by the end of the mandate;
Amendment 20 #
2018/2111(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that the EU Charter of Fundamental reserves the following rights for the European citizens in Chapter 5 : the right to vote and to stand as a candidate at elections to the European Parliament, right to vote and to stand as a candidate at municipal elections, right to good administration, right to access to documents, the European Ombudsman, right to petition, freedom of movement and of residence, diplomatic and consular protection in third states;
Amendment 23 #
2018/2111(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly believes that the citizenship, should not merely reflect a series of economic freedoms and this perception can be tackled only by raising the social dimension of citizenship by materializing the European Pillar of Social Rights by legislative proposals;
Amendment 24 #
2018/2111(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for gender mainstreaming and a gender perspective in all evaluation and assessment processes of current legislative texts and proposals in the future relating to citizenship;
Amendment 25 #
2018/2111(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Recalls the contribution of political parties at European level to "forming European political awareness and to expressing the will of the citizens of the Union" (Art.10.4 TEU); calls therefore for the possibility of individual citizens of the EU to directly apply for membership in political parties at European level;
Amendment 28 #
2018/2111(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers the exercise, pursuant to Article 22(1) TFEU, by Union citizens of electoral rights at municipal level to be a crucial corollary to the right to free movement and Union citizenship, and holds that participatory democracy at EU level would be rendered more effective were citizens first convinced of the effectiveness of political involvement inat a local communitieslevel with a European perspective; urges the Commission, in that regard, to further best practices in promoting higher voter turnout in municipal and local elections across the Union for citizens of the Union residing in an EU Country pursuant to the Directive 94/80/EC; Further considers that the Directive should be updated providing for a further harmonization and diminishing of administrative burdens for European citizens;
Amendment 30 #
2018/2111(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Strongly believes transparency is an essential ingredient of the rule of law, while ensuring that it is observed throughout the legislative process affects the effective materialization of the right to vote and the right to stand in elections and a handful of rights, i.e. right of expressions and its particular aspect the freedom of speech and the right to receive information; Considers also that forging an active European citizenship necessitates margin for public scrutiny, review and evaluation of the process and the prospect to challenge the outcome; Underlines that this would contribute to the gradual familiarization with basic concepts of the legislative process and foster the participatory elements of the democratic life of the Union;
Amendment 35 #
2018/2111(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reminds that the principles of publicity, openness and transparency are inherent to the EU Legislative process, in order to allow citizens to find out the considerations underpinning legislative actions and therefore ensures effective exercise of their democratic rights 1a; _________________ 1a Joined Cases C-39/05 and C-52/05 P, Kingdom of Sweden and Maurizio Turco v. Council of the European Union, European Court Reports 2008 I-04723
Amendment 37 #
2018/2111(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that the exercise of the right of petition has been granted to any European Union resident and to any legal person having its registered office in a Member State, regardless of citizenship or nationality;
Amendment 38 #
2018/2111(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Reminds that the petition is a way for citizens of the European union the application of EU Law a posteriori as well as a valuable source of information for detecting breaches of EU law, particularly in the areas of the environment, the internal market, in areas relating to the recognition of professional qualifications, the financial services sector and especially regarding the infringement of fundamental rights and might lead to the initiation of infringement proceedings by the European Commission;
Amendment 39 #
2018/2111(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Strongly believes that the latest revision of the European Electoral Law, is a missed opportunity to truly harmonize the Member States electoral law and reinvigorate the European acquis by innovative changes to increase democratic legitimacy and integrity of the decision making process.
Amendment 40 #
2018/2111(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Highlights the importance of the right to lodge a complaint with the Ombudsperson on issues relating to the access to information, administrative delays, unfairness, discrimination or lack of transparency; Appreciates the contribution of the incumbent Ombudswoman in shedding light on issues of maladministration and insufficient transparency in the European institutions; strongly believes that the role of the European Ombudsperson should be upgraded in order to facilitate greater preparedness and effective response, as well as active contribution to the solution;
Amendment 45 #
2018/2111(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates that the right to petition should be further promoted as a channel for communication between the citizens and the European institutions; stresses out that the right to petition is an instrument for direct participation in the political functions exercises by the representatives of the peoples of the European Union; furthermore highlights that the right is a key tool for participation and democratic control by citizens and enhances the responsiveness of the European Parliament towards the citizens and residents of the European Union, while at the same time provides individuals with an open, democratic and transparent mechanism for obtaining a non-judicial remedy for their complaints which as such ought to offer solutions to issues admissibly presented before the institutions;
Amendment 51 #
2018/2111(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the revision of the legal framework governing the European Citizens’ Initiative (ECI) presentsed an opportunity to enhance citizen participation in EU policy making by rendering the instrument less bureaucratic and more accessible; calls on the Commission to develop more robust practices as regards the political and legal follow-up given to ECIs; Regrets that the role of the European Parliament, as the voice of the European peoples was not enhanced in the revision process vis-à-vis the follow-up of an initiative.
Amendment 54 #
2018/2111(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that the SOLVIT service should be further mainstreamed and supplemented to become more efficient with issues related to free movement rights, including the right to entry and residence and discrimination before seeking any judicial or administrative remedy, saving time and recourses of the citizens and timely responding to their problems'
Amendment 59 #
2018/2111(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that despite the efforts of the European institutions, awareness raising about rights is still lacking in many member states, proving to be the most prominent barrier to the full enjoyment of the rights emanating from the status of the European citizen;
Amendment 106 #
2018/2105(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Congratulates the Ombudswoman on her strategic inquiry concerning the transparency in the Council legislative process (OI/2/2017/TE) and regrets the fact that the Council did not reply within the deadline in the findings. It is regrettably a recurring topic that is constantly showcased also from complaints submitted to the Ombudswoman. This matter should be considered of high importance in the democratic life of the Union and the effective participation of citizens across the continent hindering the fulfilment of the constitutional treaties and the Charter of Fundamental Rights. Most recently a decision in case 1272/2017/LP (the refusal to give public access to the opinion of its Legal Service concerning an inter- institutional agreement on Transparency Register) indicated that the issue is threatening principle institutional balance and the negates the essential practice of the mutual sincere cooperation. It is impossible to perform an ex post check on an ad hoc basis after the refusal of a request.
Amendment 110 #
2018/2105(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Applauds the constant interest of the Ombudswoman with issues pertinent to the Staff of the institutions and highlights the importance of diminishing any discrimination that might arise from differentiated status. Reiterates the significance of the findings on unpaid traineeships in EU delegations of the European External Actions Service (EEAS) (case 454/2014/PMC) and the recommendation that it should pay its trainees an appropriate allowance respecting the principle of non- discrimination. Deplores the fact that other EU institutions follow the same malpractice of unpaid traineeships that does not allow fair opportunities to young people that offer work equal to that of an employee. Young professionals are thus excluded in the lack of sufficient funds to sustain themselves without an adequate remuneration for their services. Shortcomings in the status of trainees are witnessed in other areas, i.e. lacking mechanisms for reporting sexual harassment in agencies of the Union. Calls therefore the Ombudswoman to open a general strategic inquiry on the status of trainees.
Amendment 120 #
2018/2105(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Ombudsman to launch a strategic inquiry in order to assess whether EU Institutions, offices and agencies, such as the European Chemicals Agency (ECHA), the European Food Safety Authority (EFSA) and the EMA, ensure that the collection and, examination and publication of scientific evidence is fully independent, transparent, impartial, accurate and free from conflict of interests, and whether the proper policies and procedural safeguards are in place, notably when dealing with GMOs, glyphosate, pesticides, phytosanitary and biocidal products and medicines;
Amendment 3 #
2018/2096(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Ombudswoman has contributed greatly to highlight issues of transparency in the life of the Union through inquiries and cases brought before her;
Amendment 4 #
2018/2096(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the European Ombudswoman opined that the lack of transparency regarding EU Member States’ positions during negotiations amount to maladministration and a violation of Article 41 of the Charter;
Amendment 5 #
2018/2096(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the treaties (Article 15(3) of TFEU) and the Charter of Fundamental Rights of the EU (Article 42) have attributed constitutional value to the principle of transparency;
Amendment 8 #
2018/2096(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Charter introduces third general rights, as is the one to transparent administration and access to documents (Article 42).
Amendment 9 #
2018/2096(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the CJEU has decided that increased openness enabled citizens to participate more closely in the decision- making process and guarantees that the administration enjoys greater legitimacy and is more effective1a; __________________ 1a CJEU, Joined Cases C-39/05 P and C- 52 P, Kingdom of Sweden and Maurizio Turco v. Council of the European Union, European Court Reports 2008 I-04723.
Amendment 10 #
2018/2096(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Union function lies on a dual structure of legitimacy as provided in Article 10(2) of the TEU. The Union is founded on representative democracy as stipulated in Article 10(1) and should operate on principles and mechanisms of participatory democracy as per Article 11, paragraphs 1-3 TEU. Transparency is a sine-qua-non component of this dual legitimacy as it is only when citizens know who, why and how decisions have been made they participate in the electoral process and in other forms of political participation beyond elections in an informed and enlightened manner;
Amendment 12 #
2018/2096(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the principle of transparency firstly was elucidated in 1995 by the Court of First Instance of the European Communities in a case against the Council 1a, the institution almost three decades later has not ensured a high level of adherence to the principle; __________________ 1a Judgement of the Court of First Instance of 19 October 1995, John Carvel and Guardian Newspapers Ltd. v. Council of the European Union, Case T-194/94.
Amendment 13 #
2018/2096(INI)
Motion for a resolution
Recital H
Recital H
H. whereas following the inquiry, the Ombudsman found that the Council’s current practices with regard to transparency of its decision-making process, in specific regards to preparatory discussions that take place at Coreper and National Working group level, constitute maladministration;
Amendment 16 #
2018/2096(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Council did not reply to the recommendations contained in the Ombudsman’s report within the legally prescribed timeline of three months, and, because of the importance of the issue of legislative transparency, the Ombudsman decided not to grant the Council any extensions beyond this deadline, and submitted the report to the European Parliament;
Amendment 17 #
2018/2096(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the European Parliament has regularly requested more transparency from the Council, for example in its resolutions of 18 April 20181a and 28 April 20161b on the discharge of the Council as well as in its resolution on 14 September 2017 on Transparency, accountability and integrity in the EU institutions1c; __________________ 1a European Parliament resolution of 18 April 2018 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II - European Council and Council (2017/2138(DEC)),P8_TA(2018)0125 1b European Parliament decision of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014 Section II – European Council and Council (2015/2156(DEC)). 1c European Parliament resolution of 14 September 2017 on transparency, accountability and integrity in the EU institutions (2015/2041(INI)), P8_TA(2017)0358.
Amendment 18 #
2018/2096(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the Ombudswoman also ruled in Complaint 1271/2017/ANA that the Council was not justified in holding back access to an opinion of its Legal Service concerning an inter-institutional agreement;
Amendment 19 #
2018/2096(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union adopted during its Plenary Meeting in Sofia on 17/19 June 2018 its resolution in which it urges the Council to reflect on the proposals made by 26 national parliaments of Member States to enhance the openness of legislative deliberations at EU-level 1a; __________________ 1a Contribution of the LIX COSAC, articles 2.6 and 2.7
Amendment 21 #
2018/2096(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply convinced that democratic and transparent decision-making at the European level is indispensable to increase citizens’ trust in the European project and the EU institutions, especially in the run-up to the European elections in May 2019, and is therefore determined to defend and enhance European democracyenhance the democratic accountability of all EU institutions;
Amendment 26 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that there is currently a distinct gap between formal transparency, i.e. the legal recognition and insertion of transparency in the EU legal foundations as a self-standing principle closely linked to the rule of law, and of substantial transparency, i.e. steps to effectively materialise in a corresponding level;
Amendment 27 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates that the Inter- institutional Agreement on a mandatory Transparency which is being negotiated, is a first good step; notes that the current text only covers high ranking officials of the Council;
Amendment 28 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Deeply regrets the fact that the Council has blocked the revision of the Regulation 1049/2001 and urges the Council to re-open its discussions based on the position adopted by Parliament in second reading as laid down in resolution of 12 June 2013 1a. __________________ 1a European Parliament resolution of 12 June 2013 on the deadlock on the revision of Regulation (EC) No. 1049/2001 (2013/2637(RSP))
Amendment 29 #
2018/2096(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Shares the viewpoint of the Ombudswoman’s strategic inquiry; deplores the fact that the Council did not reply within the deadline in the findings. Regrettably this is a recurring topic and is constantly showcased also from complaints submitted to the Ombudswoman. This matter should be considered of high importance in the democratic life of the Union and the effective participation of citizens across the continent hindering the fulfilment of the constitutional treaties and the Charter;
Amendment 33 #
2018/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that transparency has four distinct aspects that are intertwined, namely (a) openness of the legislative process (b) right to access to documents (c) transparency of the legal norm as concomitant to legal certainty (d) offering wide reasoning and sufficient explanation of the motives of a legislative text;
Amendment 37 #
2018/2096(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly believes transparency is an essential ingredient of the rule of law, while ensuring that it is observed throughout the legislative process affects the effective materialization of the right to vote and the right to stand in elections and a handful of rights, i.e. right of expressions and its particular aspect the freedom of speech and the right to receive information. Considers also that forging an active European citizenship necessitates margin for public scrutiny, review and evaluation of the process and the prospect to challenge the outcome. Underlines that this would contribute to the gradual familiarization with basic concepts of the legislative process and foster the participatory elements of the democratic life of the Union.
Amendment 38 #
2018/2096(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reminds that the principles of publicity, openness and transparency are inherent to the EU Legislative process, in order to allow citizens to find out the considerations underpinning legislative actions and therefore ensures effective exercise of their democratic rights 1a. __________________ 1a Joined Cases C-39/05 and C-52/05 P, Kingdom of Sweden and Maurizio Turco v. Council of the European Union, European Court Reports 2008 I-04723
Amendment 41 #
2018/2096(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the European Parliament represents the interests of European citizens in a fully open and transparent manner, and welcomes the substantial progress made by the Commission in improving its transparency standards, inter alia in the conduct of international negotiations and its interactions with interest representatives whereas ‘revolving-door’ still remains an alarming issue; notes that the Council does not yet follow comparable transparency standards;
Amendment 42 #
2018/2096(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates its call on the Council, including its preparatory bodies, to join the Transparency Register as soon as possible; calls on all Member States to introduce binding rules advancing the transparency of interest representation; calls on the Member States to introduce rules for their representatives including but not limited to, at COREPER and Working Group Levels;
Amendment 43 #
2018/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the work of the preparatory bodies of the Council, i.e. the Committees of Permanent Representatives (Coreper I + II) and more than 150 working groups, is an integral part of the Council’s decision-making procedure; argues that these structures must proactively improve the transparency of decision-making procedures at working group and Coreper levels, as to improve the overall transparency of the legislative process in the European Council;
Amendment 45 #
2018/2096(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the Committees of Permanent Representatives (COREPER I- II) meeting documents should be made publicly available as well as the general position of each member state before the beginning of negotiations.
Amendment 46 #
2018/2096(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers it regrettable that the Council and the European Council have still not adopted a code of conduct for their members; recalls its call to the Council to introduce a specific code of ethics, including sanctions, which addresses the risks specific to national delegates; insists that the Council must be just as accountable and transparent as the other institutions;
Amendment 47 #
2018/2096(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Strongly believes that informal formations, subsidiary organs or other affiliated informal organs related to the European Council (i.e., the Euro Group, the Euro Summit, and the EU-27) should be properly formalized and engulfed properly in the constitutional structure of the Union. Transparency obligations should be applicable indiscriminately to their activities and publicity of documents should include analytical agendas and working documents (non-papers) that are circulated prior to meetings.
Amendment 48 #
2018/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the fact that, unlike committee meetings in the European Parliament, meetings of the preparatory bodies of the Council as well as the majority of debates in the Council are held in camera; proposes that citizens, media and stakeholders should have access by appropriate means to the meetings of the Council and its preparatory bodies, includ via livestreaming viaand web-streaming, as well as making the minutes of these meeting publically available in order to make all stages of the legislative process in both components of the European legislature fully transparent;
Amendment 52 #
2018/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Opines that denying the access to documents to Members of the European Parliament, has the potential to threaten the principle institutional balance and to negate the essential practice of the mutual sincere cooperation. Notes that it is an excessive burden for the effective function of parliamentary duties, having to pursue an ex post check on an ad hoc basis after every refusal of a request to access documents.
Amendment 54 #
2018/2096(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the Council does not proactively publish most documents related to legislative files, and that available information is presented in a register which is incomplete and not user-friendly; calls on the Council to act on the Ombudsman’s proposals to list all the documents available on its registrar, irrespective of their format and whether or not they are partially or accessible at all; welcomes in this regard the progress made by the Commission, Parliament and the Council in the creation of a joint database for legislative files;
Amendment 56 #
2018/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that all documents (legislative, intergovernmental conferences and meeting documents) from the period before 1999 should be de- classified and uploaded to the Document Archive of the Council being available publicly;
Amendment 58 #
2018/2096(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. ConsiderDeplores the Council’s endemic practice of systematically classifying all documents distributed in its preparatory bodies relating to legislative files as ‘LIMITE’ to be a violation of CJEU case law1 and of the legal requirement that there should be the widest possible public access to legislative documents; observes that in 2015, 84% of requests for public access to documents marked as “LIMITE”, and related to on-going legislative procedures in 2015 were granted; __________________ 1 For the principle of the widest possible public access, see: Joint Cases C-39/05 P and C-52/05 P Sweden and Turco v. Council [2008] ECLI:EU:C:2008:374, para 34; Case C-280/11 P Council v. Access Info Europe [2013] ECLI:EU:C:2013:671, para 27; and Case T-540/15 De Capitani v. Parliament [2018] ECLI:EU:T:2018:167, para 80.
Amendment 60 #
2018/2096(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Exceptions of Article 4 of the Regulation No 1049/2001 pending its revision should not be applied by default and whereas jurisprudence does not require justification for limiting access to a document, institutions shall strive to offer the fullest reasoning possible for taking such a decision that is a restriction of Article 42 of the Charter of Fundamental Rights and as such should adhere by the principle of proportionality. Further supports that a decision to restrict access should be accompanied by an argumentation why, in a specific and actual manner relating to the document at hand;
Amendment 63 #
2018/2096(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deems it unacceptable that the positions taken in the preparatory bodies of the Council by individual Member States are neither published nor systematically recorded, making it impossible for citizens, media and stakeholders to effectively scrutinise the behaviour of their elected governments; calls for a systematic record of Member State governments to be kept and made publically available, where appropriate, when they express positions in council preparatory bodies;
Amendment 66 #
2018/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that this lack of information also hampers the ability of national parliaments to control the actions of national governments in the Council, and enables members of national governments to distance themselves in the national sphere from decisions made at the European level which they shaped and took themselves; considers it irresponsible on the part of members of national governments to undermine trust in the European Union by ‘blaming Brussels’ for decisions they themselves were involved in; demands an immediate endargues that a systematic record of the positions of Member States in Preparatory Bodies would act as a positive disincentive to this practice;
Amendment 69 #
2018/2096(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 74 #
2018/2096(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it incompatible with democratic principles that, in interinstitutional negotiations between the co-legislators, the lack of transparency in the Council leads to an imbalance with regard to available information and thus to a structural advantage of the Council over the European Parliament; reiterates its call for the improvement of the exchange of documents and information between Parliament and the Council and for access to be grantedpublically available, as well as to representatives of Parliament, as observers to meetings of the Council and its bodies, in particular in the case of legislation;
Amendment 76 #
2018/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reminds that the institutions have agreed in the inter-institutional agreement of 13 April 2016 1a to promote the utmost transparency of the legislative process and that according to the constitutional setting of the Union, the European Parliament and the Council exercise as the co-legislators their powers on an equal footing. That being said equality of the two institutions should also extend unequivocally to the obligations prescribed by the primary European law. __________________ 1a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, OJ L 123, 12.05.2016, par. 1.
Amendment 78 #
2018/2096(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the practices of the European Parliament, has been identified by the Ombudsman as having high standards of transparency; Demands that the Council, as one of the two components of the European legislature, aligns its working methods with the standards of a parliamentary democracy, rather than acting like a diplomatic forum; transparency that exist in the European Parliament;
Amendment 83 #
2018/2096(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates that following the strategic inquire concerning the transparency of the trilateral negotiations1a, some progress was made but there are still recommendations that have not taken up largely due to the reluctance of the Council. Taking into account the fact that trilogues have diminished significantly the need to have a second and third reading, overtaking the majority of legislative files to be the default decision-making process. Opines that this has led to expedited procedure, which accelerate legislation making on the one hand but have significantly hampered transparency and integrity of the institutions. The recommendations of the Ombudswoman included publication of the ‘‘trilogue calendar’’, publication of the four-column documents and list of attendees. __________________ 1a Decision of the European Ombudsman setting out proposals following her strategic inquiry OI/8/2015/JAS concerning the transparency of Trilogues, 12 July 2016.
Amendment 84 #
2018/2096(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that in order to achieve transparency in the trilogues all three institutions should contribute because as per the settled case law trilogues form part of the legislative process, there is no general presumption against non- disclosure based on article 13 TEU and article 294 TFEU 1a and finally trilogues cannot represent a space for European organs to think. __________________ 1a Judgement of the General Court of 22 March 2018, Emilio De Capitani v. European Parliament, Case T-540/15, Digital Reports (unpublished).
Amendment 86 #
2018/2096(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers voting in public to be a fundamental characteristic of democratic decision - making; urges the Council to make use of the possibility of qualified majority voting (QMV), and to refrain, where possible, from the practice of taking decisions by consensus and thus without a formal vote in publicvote publicly and record voting positions;
Amendment 89 #
2018/2096(INI)
Motion for a resolution
Paragraph 16 – point b
Paragraph 16 – point b
b) to develop clear andimmediately develop a systematic and clear criteria, which is publically available criteria for how it, and detail how the Council designates documents as ‘“LIMITE’,” and that is in line with relevant EU law;
Amendment 90 #
2018/2096(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recommends that the principles of transparency and openness should apply to all democratic processes in Member States; notes that the British EU Referendum in 2016 was not a fully transparent process due to allegations of the leave campaign breaking electoral law; as an effect of this, notes that 1.8 million citizens in the north of Ireland may be disenfranchised from their democratic rights as citizens which limits European participative democracy; considers that forging a participative citizenship necessitates full transparency and participation in the democratic process for all European citizens;
Amendment 101 #
2018/2096(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note of the statement made by the Austrian Presidency to the joint committee on Constitutional Affairs and on Petitions on keeping the European Parliament informed on the progress of the Council’s ongoing reflections on how to improve its rules and procedures as regards legislative transparency, and expressing readiness to engage with Parliament at the appropriate level in a joint reflection on those topics that require interinstitutional coordination; and regrets that no input has been so far submitted to the European Parliament.
Amendment 102 #
2018/2096(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Further recommends that the Council: (a) enlists documents regardless of their status in the Document Register even those that are not available to the public with the relevant indication that corresponds to the level of publicity; (b) provides justification for the level of classification on the basis of the criteria developed; (c) provides in an easily comprehensible manner for all citizens votes, explanation of votes and minutes , materializing the obligation provided in article 8 and 9 of the internal rules of procedure1a; __________________ 1a Council Decision of 22 March 2004 adopting the Council’s Rules of Procedure, 2004/338/EC, Euratom;
Amendment 103 #
2018/2096(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that, in order to provide the widest possible public access to legislative documents, each document that is not made public in full has to be accompanied by an argumentation why, in a specific and actual manner relating to the document at hand the document would undermine either (a) the institutions’ decision-making process or (b) the protection of institutions interest in seeking legal advice, as well as accompanied by an argumentation why there is no overriding public interest;
Amendment 104 #
2018/2096(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Regrets the Draft Policy Paper on legislative transparency produced by the General Secretariat of the Council of the European Union and addressed to the Permanent Representatives Committee, was classified as ‘LIMITE’1a; considers that the milestone approach presents no added value whatsoever and puts forward a scheme that allows selective publication of documents only after they have been considered by the competent bodies; Considers that certain elements of the new approach are mutually exclusive (i.e. built-in flexibility and greater standardization) and incompatible with the constitutional norms of the Union; Deplores the fact that the Council proclaimed it will strive to strike a balance between the case law and various calls for greater transparency and the need to preserve the necessary flexibility for effective legislative work, which implies not conforming with the jurisprudence of the CJEU as it stands; __________________ 1a General Secretariat of the Council, Draft Polity Paper on Legislative Transparency, 11099/18, Brussels, 13 July 2018.
Amendment 105 #
2018/2096(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes that according to the jurisprudence of the CJEU the “space to think” is to be viewed as an exception and not the norm and consequently as a restriction of the principle of transparency1a; reiterates that giving the public the widest possible right of access entails, that the public must have a right to full disclosure of the requested and thus application of exception should be strict; __________________ 1a Judgement of the General Court of 22 March 2011, Access Info Europe v. Council of the European Union, Case T- 233/09, par. 56.
Amendment 31 #
2018/2080(INI)
Citation 1a (new)
(1a) Whereas the constitutional treaties provide for the institution of the Ombudsman, is it imperative to ensure gender neutral language across all institutions and therefore considers the Ombudsperson as a more fitting title for the institution;
Amendment 36 #
2018/2080(INI)
Article 1 – paragraph 2
2. The Ombudsmanperson1a shall perform hits duties in accordance with the powers conferred on the CommunityUnion institutions and bodies by the Treaties. 1a This amendment applied horizontally
Amendment 37 #
2018/2080(INI)
Article 1 – paragraph 3
3. The Ombudsmaperson may not intervene in cases before courts or question the soundness of a court's rulingthe Court of Justice of the European Union and the under the same conditions as other interveners establishing a special interest for the result of the case pending before the Court.
Amendment 41 #
2018/2080(INI)
Article 2 – paragraph 2
2. Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State of the Union may, directly or through a Member of the European Parliament, refer a complaint to the Ombudsmaperson in respect of an instance of maladministration in the activities of CommunityUnion institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. The Ombudsmaperson shall inform the institution or body concerned as soon as a complaint is referred to himit, adhering to the EU standards of data protection.
Amendment 43 #
2018/2080(INI)
Article 2 – paragraph 7
7. When the Ombudsmaperson, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or termcan suspend consideration of the complaint until adjudication is concluded or can issue inate consideration of itrim recommendations, the outcome of any enquiries he has carried out up to that paragraph shall be filed without further actioncan be presented confidentially and upon request to the competent authority.
Amendment 44 #
2018/2080(INI)
Article 2 – paragraph 8
8. No complaint may be made to the Ombudsmaperson that concerns work relationships between the CommunityUnion institutions and bodies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90 (1) and (2) of the Staff Regulations, have been exhausted by the person concerned and, or the time limits for replies by the authority thus petitioned have expired without reply or the procedures are manifestly futile or the official and other servant cannot avail itself to them due to status. In the latter case a complaint may be filed in parallel with internal proceedings.
Amendment 48 #
2018/2080(INI)
Article 3 – paragraph 1
1. The Ombudsmaperson shall be empowered, on his own initiative or following a complaint, to conduct all the enquiries which they considers justified to clarify any suspected maladministration in the activities of CommunityUnion institutions and bodies. He shall inform the institution or body concerned of such action, which may without requiring prior authorization. Any institution or body concerned may be informed in due time and be requested to submit any useful comment to himor evidentiary materials.
Amendment 51 #
2018/2080(INI)
Article 3 – paragraph 2
2. The CommunityUnion institutions and bodies shall be obliged to supply the Ombudsmaperson with any information they hasve requested from them and give hithem access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the CommunityUnion institution or body concerned or an undertaking of confidentiality. Such obligations relating to sensitive documents shall not provide an impediment to the Ombudsperson capacity to carry out effectively its duties and functions. The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsmaperson of such classification. For the implementation of the rules provided for in the first subparagraph, the Ombudsmaperson shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only whaftere that Member State has given its prior agreemente Ombudsperson’s services have put in place safeguards that ensure confidentiality. TWheyn shall give accessuch classification is not pertinent access shall be given to other documents originating in a Member State after having informend the Member State concerned shall be informed. In both cases, in accordance with Article 4, the Ombudsmaperson may not divulge the content of such documents. Officials and other servants of CommunityUnion institutions and bodies must testify at the request of the Ombudsmaperson; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy which shall not be interpreted as extending to information relevant for complaints or inquiries of harassment or maladministration.
Amendment 54 #
2018/2080(INI)
Article 3 – paragraph 3
3. The Member States' authorities shall be obliged to provide the Ombudsmaperson, whenever he may soupon request, via the Permanent Representations of the Member States to the European CommunitiesUnion, with any information that may help to clarify instances of maladministration by Community institutions or bodies unless such information is covered by laws or regulations on secrecy or by provisions preventing its being communicated. Nonetheless, in the latter case, the Member State concerned may allow the Ombudsmaperson to have this information provided that he undertakes not to divulge it and in any case provide a detailed description of the document and sufficient justification for not divulging.
Amendment 58 #
2018/2080(INI)
Article 3 – paragraph 6
6. If the Ombudsmaperson finds there has been maladministration, they shall inform the institution or body concerned, where appropriate making draft recommendations. The institution or body so informed shall send the Ombudsmaperson a detailed opinion within three months.
Amendment 59 #
2018/2080(INI)
Article 3 – paragraph 6 a (new)
6a. The Ombudsperson may conduct, own initiative inquiries of relevant nature in order to identify systematic maladministration, lack of transparency Union institutions, offices, bodies and agencies; The Ombudsperson shall be accordingly empowered to engage in structured and regular dialogue with the institutions and organize public consultations before providing recommendations or at any stage thereafter as well as systematically analyse and assess progress of the institution affected;
Amendment 61 #
2018/2080(INI)
Article 3 – paragraph 7 a (new)
7a. The Ombudsperson on their own motion undertake initiatives as deemed necessary to promote best administrative practices among EU institutions and bodies;
Amendment 62 #
2018/2080(INI)
Article 3 – paragraph 8 a (new)
8a. The Ombudsperson shall be capable to report corroborating evidence on mishandling of EU budget to the European Anti-Fraud Office (OLAF) for further investigation and the European Public Prosecutor’s Office and develop strategic partnerships thereof;
Amendment 2 #
2018/2077(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 5, 27, 31, 32, 33 and 47 thereof,
Amendment 6 #
2018/2077(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the UN Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 10 #
2018/2077(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Commission communication of 6 June 2014 on an EU Strategic Framework on Health and Safety at Work 2014-2020 1a _________________ 1aeur- lex.europa.eu/smartapi/cgi/sga_doc?smart api!celexplus!prod!DocNumber≶ =EN&ty pe_doc=COMfinal&an_doc=2014ν_doc= 0332
Amendment 21 #
2018/2077(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
Amendment 24 #
2018/2077(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to the report of 2011 of Eurofound entitled ‘Company initiatives for workers with care responsibilities for disabled children or adults’,
Amendment 25 #
2018/2077(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
- having regard to the opinion of the European Economic and Social Committee of 16 October 2014 on developing services to the family to increase employment rates and promote gender equality at work,
Amendment 26 #
2018/2077(INI)
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
- having regard to its resolution of 14 June 2017 on the need for an EU strategy to end and prevent the gender pension gap,
Amendment 27 #
2018/2077(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the joint report of 10 October 2014 by the Social Protection Committee and the European Commission on ‘Adequate social protection for long-term care needs in an ageing society’,
Amendment 28 #
2018/2077(INI)
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
- having regard to the report of 2014 of Eurofound entitled ‘Residential care sector: Working conditions and job quality’
Amendment 29 #
2018/2077(INI)
Motion for a resolution
Citation 20 c (new)
Citation 20 c (new)
- having regard to the report of 2015 of Eurofound entitled ‘Working and caring: Reconciliation measures in times of demographic change’,
Amendment 30 #
2018/2077(INI)
Motion for a resolution
Citation 20 d (new)
Citation 20 d (new)
- having regard to the European Economic and Social Committee opinion of 21 September 2016 on the rights of live-in care workers,
Amendment 31 #
2018/2077(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the opinion of 26 May 2010 of the Section for Employment, Social Affairs and Citizenship of the European Economic and Social Committee on “The professionalisation of domestic work” 3a _________________ 3a http://www.europarl.europa.eu/sides/getD oc.do?type=TA&reference=P8-TA-2016- 0203⟨ uage=EN˚=A8-2016- 0053#def_1_11
Amendment 33 #
2018/2077(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the UN Convention on the Rights of Persons with Disabilities, ratified by the Council Decision of 26 November 2009;
Amendment 39 #
2018/2077(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the achievement of gender equality has been slow and across the European Union women remain underrepresented in the labour market and continue to suffer inequality as regards pay, opportunities to improve their skills and career opportunities; whereas the evidence suggests that one of the main causes of this is caring responsibilities which are borne disproportionately, and often almost exclusively, by women;
Amendment 42 #
2018/2077(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas ‘care’ means work carried out in public or private institutions or in a private household or households in order to provide personal care for children, elderly, ill or people with disabilities; whereas care work is to be performed by professional carers who may be employed by public or private entities or families or be self-employed, yet it is also informally and unpaid performed by non-professional carers, who are usually family members;
Amendment 50 #
2018/2077(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the domestic work and care sector employed some 52 million people around the world in 2010, according to ILO figures, and a further 7,4 million domestic workers under the age of 15, accounting for between 5 % and 9 % of all employment in industrialised countries;
Amendment 57 #
2018/2077(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the financial crisis and the imposed austerity measures have severely affected the citizens and residents of the EU, while aggravating job precariousness, poverty, unemployment and social exclusion, and leading to limited or no access to public and social services;
Amendment 59 #
2018/2077(INI)
Ad. whereas many family members that are in need of care live in areas where lack of public services persists, and isolation or other circumstances make it difficult for them to have access to professional caring services, and whereas these dependants may be looked after only by non-professional carers who, very often are women family members;
Amendment 64 #
2018/2077(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe is facing an ageing population, which leads to increasing care needs;demographic changes that lead to a growing incidence of age-related diseases and ageing population, accordingly increasing care needs; whereas there is a growing demand for care and a disproportionate distribution of care responsibilities between genders, with the women having to carry most of the caring burden due to stereotyping roles that still prevail in the European society. whereas the growing number of the elderly, the declining number of working age people and budget restrictions imposed due to austerity measures are having a significant impact on social services, and whereas this will also have an impact on people having to combine work and care responsibilities, often in challenging circumstances
Amendment 67 #
2018/2077(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to estimations, care in the EU is currently being provided by informal, unpaid carers who have to respond to increasing pressures to provide more sophisticated and technical levels of care; whereas 80 % of all caregivers are women, and that this affects employment levels among women, work-life balance, gender equality and healthy ageing; whereas the unequal distribution of child and informal long-term care between parents has a significant impact on the gender pension gap, standing at 37%;
Amendment 70 #
2018/2077(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the growing demand for care services, for the children, the people with disabilities and the elderly has contributed to the rising of feminisation of migration inside and to Europe;
Amendment 71 #
2018/2077(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the burden of care and family responsibilities is much greater for women than it is for men and is not evaluated in monetary terms or in terms of a recognition of its value; whereas there is a correlation between the rate of female employment and women’s family responsibilities; whereas over 20 million Europeans (two-thirds of whom are women) care for adult dependent persons, which prevents them from having a full- time job and therefore increases the gender pay gap and leads to a higher risk of poverty in old age for women who are approaching retirement;
Amendment 72 #
2018/2077(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas care related jobs are poorly paid in many Member States, often not offering formal contracts or other basic labour rights and have low attractiveness because of the high risk of physical and emotional stress, the threat of burnout, and a lack of career development opportunities; whereas the sector offers few training opportunities and, moreover, its employees are predominantly ageing people, women and migrant workers;
Amendment 73 #
2018/2077(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the majority of current national policy models for care services are not suitable for meeting the needs of the Union´s ageing society, and whereas most Member States have not addressed demographic challenges in their respected policy and social care initiatives and systems up to now;
Amendment 83 #
2018/2077(INI)
Motion for a resolution
Recital Δ
Recital Δ
D. whereas the Barcelona targets of providing childcare to at least 33 % of children under 3 years of age (target 1) and to at least 90 % of children between the age of 3 and the mandatory school age (target 2) have been met in just 12 Member States since 2002, with achievement rates in some Member States worryingly low, which represents a failure by the EU to achieve the Barcelona targets;
Amendment 95 #
2018/2077(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the number of care homes for the elderly has increased over the last 10 years in nearly all Member States, the demand is still outstripping the availability of care; whereas a lack of disaggregated information at a national level, including on financial investments, and a lack of quality indicators makes this important part of care infrastructure difficult to monitor; whereas in many Member States there has been a reduction in the number of public care homes for the elderly and a large increase in the number of private/for profit care homes;
Amendment 97 #
2018/2077(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the number of care homes for the elderly has increased over the last 10 years in nearly all Member States, the demand is still outstripping the availability of care and there is urgent need for further investment in community-based, or home-based long- term care services; whereas a lack of disaggregated information at a national level, including on financial investments, and a lack of quality indicators makes this important part of care infrastructure difficult to monitor;
Amendment 98 #
2018/2077(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the number of care homes for the elderlyose with age impairments has increased over the last 10 years in nearly all Member States, the demand is still outstripping the availability of care; whereas a lack of disaggregated information at a national level, including on financial investments, and a lack of quality indicators makes this important part of care infrastructure difficult to monitor;
Amendment 100 #
2018/2077(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the reduction of public care facilities for children, the elderly and persons with disabilities is the result of drastic cuts in Member States’ social budgets that have been imposed in a coordinated manner on the basis of the EU’s fiscal austerity rules and guidelines, especially since the financial crisis; whereas the degradation of public care is a key symptom of the shrinking social welfare state;
Amendment 102 #
2018/2077(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas supporting measures, such as the Swedish tax deduction system for domestic services, the French ”service employment voucher” or the Belgian “service voucher”, have proven their effectiveness in reducing undeclared work, improving working conditions and granting regular labour rights to domestic and care workers;
Amendment 103 #
2018/2077(INI)
Eb. whereas in a number of EU Member States there is lack of quality professional care services that are available to all regardless of income;
Amendment 106 #
2018/2077(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a shift from institutional to community-based care for persons with disabilities has beento continue to takinge place in recent timeline with the legal provisions of the Convention; whereas the needs of older persons and persons with disabilities should be met in community-based care settings;
Amendment 107 #
2018/2077(INI)
Motion for a resolution
Recital ΣΤ
Recital ΣΤ
F. whereas a shift from institutional to community-based care for persons with disabilities has been taking place in recent times; whereas this positive trend complements but does not replace the Member States’ obligations to provide public care services;
Amendment 136 #
2018/2077(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s proposal for a directive on work-life balance for workers and carers and emphasises, in this context, the importance of the individual rights of leave and flexible working arrangements for helping working individuals to manage their private and professional lives, with appropriate safeguards to prevent the abuse of flexibility by employers; believes that for the purposes of future development, the aim should be to progressively extend parental and care leave9, and to ensure non- transferable parental leave, guarantees in relation to dismissal, return on the same or equivalent post and protection from discrimination carried out on the basis of leave-taking decisions, and the extension of rights to those who need to take leave in order to care for dependents other than children; _________________ 9 As called for in www.europarl.europa.eu/sides/getDoc.do? pubRef=-//EP//TEXT+TA+P7-TA-2010- 0373+0+DOC+XML+V0//EN
Amendment 139 #
2018/2077(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls the European Commission to come forward with an initiative on regularizing the caring sector, introducing a general framework for the professionalization of care, leading to the recognition and standardisation of the relevant professions and skills; Furthermore, calls for a set of measures to be introduced in European level in order to reassure that those who act as informal carers, are not deprived from social protection and services. Examples of measures to be introduced shall address the challenges of informal carers that go beyond employment legislation, such as continuing income support, access to health care, the recognition of time spent in informal care in pension credits, and access to services such as peer counselling, psychological support, day-care and respite care facilities;
Amendment 143 #
2018/2077(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Expresses its concern at the unfavourable developments in the field of parental leave and rights related to parenting, such as the withdrawal of the draft Directive on the prolongation of maternity leave and the recent ruling by the European Court of Justice, which considers lawful the dismissal of a pregnant worker as part of collective redundancies, and calls on the Commission very rapidly to fill the gaps appearing in EU legislation;
Amendment 145 #
2018/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises, however, that the availability of diverse, quality, accessible and affordable care infrastructure, and support for childcare and care for other dependants either at home or in home-like situations, has proved to be a crucial aspect of work- life balance policies that help women make a swift return to and remain in the labour market; considers, however, that public investment in quality public care facilities is an absolute priority, with private or other kinds of facilities complementing the former rather than competing with them;
Amendment 149 #
2018/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises, however, that the availability of diverse, quality, accessible and affordable care infrastructure and services, and support for childcare and care for other dependants either at home or in home-like situationthe community in home-type settings, has proved to be a crucial aspect of work-life balance policies that help women make a swift return to and remain in the labour market;
Amendment 160 #
2018/2077(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that every person should have the right to choose quality care services that are suitable for them and their family; reiterates, however, that the right to choose does not relieve the welfare state of its obligation to develop a reliable and scientifically sound network of public care services which is as comprehensive as possible;
Amendment 161 #
2018/2077(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that every person with support needs should have the right to choose quality care services that are suitable for them and their family;
Amendment 169 #
2018/2077(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes a variety of care services, such as early childhood care and education, care services for the elderly and care or support for persons with disabilities, and that differing policy approaches have therefore been developed;
Amendment 173 #
2018/2077(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that regardless of the differences between the users to which they cater, care services should be developed in a comprehensive fashion in order to meet women and men’srkers´ needs for a work- life balance and bring about equal representation and access in the labour market;
Amendment 179 #
2018/2077(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the approach to the development of care services should take into account all categories of users and their differences and diverse preferenceneeds for the types of care services they require;
Amendment 181 #
2018/2077(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that quality care is above all about the quality of services and their ability to respect the dignity and human rights of those using them, including by ensuring their inclusion in the community. The transition towards community-based services is, in this regard, a welcome development, that should involve monitoring in terms of the quality of the services being developed; such a transition should not increase the burden of informal carers;
Amendment 194 #
2018/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that accessibility derives from a combination of cost and flexibility and that there should therefore be a range of care service provisions, bothprimarily public and in a secondary capacity private, and for care at home and in home- like settings; considers, furthermore, that family members should either be able to voluntarily provide care or be subsidised to procure care services; underlines, however, that neither voluntary nor non- formal nor subsidised care services should act as a substitute for the social welfare state;
Amendment 196 #
2018/2077(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that the development of quality care services for children, the elderly and persons with disabilities is linked to quality employment relationships and decent pay for the workers who provide these services; deplores the phenomena of precariousness and law of the jungle as regards employment that are spreading in this sector and supports the legislative initiatives for the certification and recognition of professional carers; considers that good employment relationships for professional carers of children, the elderly and persons with disabilities have a beneficial effect on the ability of the women who are mainly responsible for such care to balance work and personal life;
Amendment 199 #
2018/2077(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
Amendment 206 #
2018/2077(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the fact that the prohibitive costs of childcare have a negative impact on children from low income families, putting them at a disadvantage from an early age and therefore reiterates that the priority of states must be the development of quality public care networks for all children, without distinctions that reproduce the stereotypes of the class hierarchy; emphasises that every child has the right to good-quality care and to early childhood development, including a full range of social stimuli;
Amendment 212 #
2018/2077(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that those planning, programming and providing care services have a responsibility to take cognisance of users’ needs and that care services for the elderly and persons with disabilities must be planned and developed with the participation of the users; underlines the irreplaceable supervisory role of the public authorities in this planning;
Amendment 215 #
2018/2077(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is concerned about the working conditions in many care services, such as long working hours, inadequate pay, lack of training and weak occupational health and safety policies; is concerned that care work is seen as an unattractive sector for employment, attracting mainly women and migrant workers; highlights that these conditions have also an impact on the quality of care delivered; therefore calls on the Member States for a revalorisation of care as a career choice and on the Commission to establish a legal framework for minimum standards for workers in the sector, in collaboration with the Social Partners and launch an initiative on quality in long-term care, taking inspiration in available civil society-led voluntary tools and initiatives such as the European Quality Framework for long-term care services and the recent proposal for a Recommendation on Quality in Early Childhood Education and Care;
Amendment 222 #
2018/2077(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop guidance for Member States, in line with the proposals made in this report, on developing comprehensive employment- friendly and accessible care services which include childcare, care services for the elderly and care for persons with disabilities, and which are based on the participation of and consultation with the intended users of the services to ensure their accessibility;
Amendment 224 #
2018/2077(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop guidance for Member States on developing comprehensive employment- friendly person-centred, community-based and accessible care services which include childcare, care services for the elderly and care for persons with disabilities, and which are based on the participation of and consultation with the intended users of the services to ensure their accessibility;
Amendment 226 #
2018/2077(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Further calls on the Commission to collect gender disaggregated data and to develop harmonised definitions and indicators to assess the gender dimension, accessibility, quality and efficiency of care services for children, persons with disabilities and the elderly at an EU level while finding ways to avoid increasing the monitoring burden on care professionals; calls on the Commission to monitor their implementation and promote corrective action where and when may be needed;
Amendment 247 #
2018/2077(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to monitor rigorously the spending of EU Funding, especially under the European Structural and Investment Funds in the area of social care services and long-term care and ensure that investments are in line with the human rights obligations under the UN Convention on the Rights of Persons with Disabilities and the EU Charter for Fundamental Rights.
Amendment 256 #
2018/2077(INI)
17. Invites the Commission to revise the Barcelona targets and targets on early childhood education; calls on the Commission to ensure that these targets are ambitious and rapidly make up for the enormous delay in the years since they were first set and are accompanied by recommendations for a generous increase in resources to help attain them;
Amendment 257 #
2018/2077(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Invites the Commission to revise the Barcelona targets and targets on early childhood education especially for children below three years of age, to avoid a gap between the end of well-paid leaves and the effective entitlement to childcare. Closing this gap is crucial to enable parents, especially mothers, to return into paid employment;
Amendment 268 #
2018/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to set up corresponding targets on care services for the elderly and for persons with disabilities, in consultation with the Member States;
Amendment 275 #
2018/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to include care for the elderly and for persons with disabilities in its monitoring and review of data in the European Semester and in the annual report on gender equality; calls on the Member States to consider includCommission to include data on this care ing as sessments of care services for the elderly and persons with disabilities in their country reportt of social progress indicators to be monitored in the context of the European Semester; calls on the Commission and the Council to include these social indicators among the Semester rules; encourages the Member States to adopt and use corrective measures should progress prove to be slow;
Amendment 277 #
2018/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to include care for the children, the elderly and for persons with disabilities in its monitoring and review of data in the European Semester and in the annual report on gender equality; calls on the Member States to consider including assessments of care services for the children, the elderly and persons with disabilities in their country reports; encourages the Member States to adopt and use corrective measures should progress prove to be slow;
Amendment 279 #
2018/2077(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Believes that, in line with the right to long-term care proclaimed in the European Pillar of Social Rights, long- term care should be regarded as a branch of social protection and that access to quality and person-centred long-term care should not depend on a beneficiary’s or their family’s income;
Amendment 283 #
2018/2077(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to increase investment in care services and improve the quality of care, and to increase investment in special measures that enable carers to maintain an active professional life; calls, to that end, on the Member States to reverse the policies to reduce public spending on the social welfare state which they have implemented particularly over the past decade;
Amendment 288 #
2018/2077(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to increase public investment in care services and improve the quality of care, and to increase investment in special measures that enable carers to maintain an active professional life;
Amendment 290 #
2018/2077(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to make sure the European Semester process and the application of the rules of the Stability and Growth Pact contribute to the realisation of the European Pillar of Social Rights, leaving effective room for Member States to fund and sustain their funding for care services;
Amendment 298 #
2018/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the provision of funding for all types of care services through the European Social Fund+ and other financial instruments whose purpose is to fund social infrastructure; calls on the Commission’s proposals for the new post- 2020 Multiannual Financial Framework to reflect this support;
Amendment 300 #
2018/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the provision of funding for all types of care services, with special regard to the transition from institutional to community-based care services, through the European Social Fund+ and other financial instruments whose purpose is to fund social infrastructure;
Amendment 1 #
2018/2034(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to Articles 3 and 5 of the Treaty on European Union (TEU),
Amendment 7 #
2018/2034(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Commission communication of 21 December 2017 on a proposal for a Directive of the European Parliament and the Council on Transparent and Predictable Working Conditions in the European Union COM(2017) 797,
Amendment 11 #
2018/2034(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the Commission proposal of 31 May 2018 for a regulation of the European Parliament and of the Council on the establishment of a European Investment Stabilisation Function,
Amendment 22 #
2018/2034(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the difference in unemployment rates among the euro area Member States is vast considering that the lowest unemployment rates in January 2018 were recorded in Malta (3.5 %) and Germany (3.6 %), while the highest unemployment rates were observed in Greece (20.9 % in November 2017) and Spain (16.3 %);
Amendment 26 #
2018/2034(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in January 2018 the youth unemployment rate in the euro area was 17.7 % compared with 19.9 % in January 2017, but despite its decline it remains more than twice the total unemployment average;
Amendment 29 #
2018/2034(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in January 2018the difference in youth unemployment rates among the euro area Member-States is also vast since the lowest youth unemployment rates in the euro area were observed in Estonia (6.5 % in December 2017) and Germany (6.6 %) while the highest were recorded in Greece (43.7 % in November 2017), Spain (36.0 %) and Italy (31.5 %);
Amendment 36 #
2018/2034(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas there is an indication of a dangerous potential permanent trend in the euro area countries with the highest unemployment rates and the lower employment rates as in Greece (57.8%), Italy (62.3%) and Spain (65.5%);
Amendment 42 #
2018/2034(INI)
Motion for a resolution
Recital G
Recital G
G. whereas universal access to quality and affordable healthcare is a basic societal need and also an obligation of the Member-States;
Amendment 53 #
2018/2034(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the macroeconomic stabilisation policy of the EU is one of the main issues that have emerged from the financial crisis and should be established through multiple mechanisms;
Amendment 56 #
2018/2034(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas it is scientifically widely proved that there is a direct effect of unemployment to growth and therefore employment is not merely a social right but an essential factor for growth;
Amendment 60 #
2018/2034(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that while the economic conditions in the EU are currently favourable and overall employment is steadily growing, there is still much room for improvement in terms ofeconomic recovery is very uneven across the EU and there is still a considerable delay in reducing youth unemployment, in addressing the labour market segmentation and inequalities, in-work poverty, productivity and wage growth;
Amendment 61 #
2018/2034(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the main goal of the employment and social policies of the euro area should be achieving full employment and upward social convergence while guaranteeing quality jobs and social rights;
Amendment 62 #
2018/2034(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the deregulation of the labour market, the weakening of collective bargaining systems and collective agreements in the countries of euro area, mainly through their so-called “decentralisation”, and the reduction of minimum wages imposed on certain countries not only did not favour the increase in employment, but have contributed to an increase in unemployment;
Amendment 65 #
2018/2034(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that well-functioning social protection systems are an important precondition for inclusive national labour markets and the resilience of the euro area economy as a whole; stresses therefore that fiscal consolidation programmes should by no means impose austerity measures damaging social policies by substantial cuts;
Amendment 70 #
2018/2034(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the increased financial support, via the Structural Reform Support Programme (SRSP), for Member States to pursue their reforms in creating quality jobs to boost employment, reducing unemployment with emphasis on tackling long-term and youth unemployment, wage increase and recovery of the collective bargaining; welcomes the Commission proposal to enlarge the scope of the SRSP to cover countries whose currency is not the euro, with the aim of fostering economic and social convergence throughout the EU;
Amendment 71 #
2018/2034(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to further encourage and legislate on new forms of enterprises as the social and solidarity economy promote both employment and social standards at the same time;
Amendment 76 #
2018/2034(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the European Semester still needs to be re-oriented towards social objectives, notably by integrating additional reference indicators in the social and environmental fields in order to balance the current GDP-led approach;
Amendment 77 #
2018/2034(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a democratisation of the European Semester with full scrutiny and enlarged powers to the European Parliament and national parliaments;
Amendment 79 #
2018/2034(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that job creation and wage growth have a significant impact on reducing inequalities, improving standard of living and supporting economic recovery, and that Member States’ reforms encouraged by the Commission through the CSR should therefore focus in particular on policies that increase productivity and growth potential, support the creation of quality jobs and reduce inequality and poverty, especially child poverty;
Amendment 83 #
2018/2034(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Supports flexibility in the implementation of the Stability and Growth Pact as proposed by the Commission in 2015; considers that much more flexibility is required to boost employment, growth and investment in the EU; calls, therefore for a reform of the Stability and Growth Pact to exempt investments in quality jobs creation mainly through active labour market policies;
Amendment 87 #
2018/2034(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission communication of 13 March 2018 on monitorUnderlines that the EU’s social and environmental goals and commitments must be on an equal footing with the economic goals; calls therefore for binding social and environmental targets ing the implementation of the European Pillar of Social Rights (EPSR) (COM(2018)0130), which aligns the Pillar with the European Semester cycle by reflecting the priorities of the EPSR in the analysis of measures taken and progress made at national levelEuropean Semester; calls on the Commission to specify in comprehensible and particular qualitative/quantitative terms indicators for the twenty principles of the EPSR as well as additional ones such as the equal pay for equal work, living wages, protection against dismissal and in favour of whistle-blowers, social protection coverage, access to care and essential services as domestic work, healthy and safe working conditions, unemployment benefits, minimum income schemes, adequate pensions, inclusion of people with disabilities and to integrate them into the European Semester in an equivalent way to the indicators of the Stability Pact and the macroeconomic prevention imbalances;
Amendment 93 #
2018/2034(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the labour markets of the euro area countries differ significantly, which constitutes a challenge to their proper functioning; calls therefore for well- designed labour market policies that reduce labour market segmentation, promote equal opportunities, facilitate access to the labour market, increase labour mobility and reintegrate the unemployedcreate stable and secure quality jobs, promote equal opportunities and equal treatment of workers, prevent wage and social dumping using sanctions such as deprivation of EU funds to employers accused of labour infringements, facilitate access to the labour market, increase labour mobility and reintegrate the unemployed; calls therefore for the attribution of at least 5% of the EFSI to such programmes, especially for the long-term and youth unemployed with the possibility of the contribution to exceed if necessary the range of 50% of the total required due to the exceptionally disadvantageous situation in some countries;
Amendment 97 #
2018/2034(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the importance of the establishment of the European Unemployment Insurance Scheme and asks the Commission to bring forward a proposal supportive to other stabilisation mechanisms under discussion, as the European Investment Stabilisation Function that should guarantee the correction of macroeconomic balances through employment and development and not through devastating austerity;
Amendment 98 #
2018/2034(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to conduct an extensive Study concentrating on the relationship, in the euro area Member States, between unemployment and their: (a) GDPs (b) Growth (c) Pension systems sustainability
Amendment 110 #
2018/2034(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to take full advantage of the positive economic outlook and pursue labour market reforms fostering reliable labour contracts andstable, secure and open-ended employment contracts, particularly by encouraging collective agreements that provide a minimum level of protection for every worker, tackling bogus self- employment and, promoting adequate social protection for all types of contracts but also by prohibiting types of contracts that violate fundamental rights by imposing slavery working conditions, such as zero contracts, unpaid work;
Amendment 118 #
2018/2034(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to ensure the long-term sustainability of pension systems that do not overburden the younger generation, and to reduce the risk of poverty in old age; notes with concern that in some Member States the gender pension gap, as well as the rate of early retirement, remains highconsiders in that respect that raising the statutory retirement age is not a viable option, which in effect would have a negative impact on youth unemployment; notes with concern that in some Member States the gender pension gap, as well as the rate of early retirement, remains high; points out that the sustainability of public pension systems is not achieved through pension cuts or attempts to privatise them, but with a drastic reduction of the unemployment, an effective fight against undeclared and partly undeclared work, with an integration of migrants and refugees into the labour market, and with measures that will reverse the aging of the European societies;
Amendment 136 #
2018/2034(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to pursue reforms that prepare the labour market and its workforce for the digital transformation; considers that the digital transformation of the economy and labour allows and imposes a coordinated reduction in working time, which will allow more jobs to be created; stresses in that respect the need to involve both trade unions and employers’ organisations in order to ensure a fair transition; highlights the need to modernise national social protection systems to provide adequate protection for employees in new forms of work and with new kinds of contracts;
Amendment 144 #
2018/2034(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to undertake the necessary reforms to increase the accessibility, quality and cost- effectiveness of their healthcare systems that should be at any cost and with the necessary support of the EU mechanisms explicitly excluded by any austerity measures imposed by fiscal consolidation programmes;
Amendment 155 #
2018/2034(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out the need for well- designed policies for a better work-life balance, including flexiadaptable working arrangements, take-up of advantageous family leave and adequate investment in affordable, quality childcare; sees, in this regard, the swift adoption of the directive on work-life balance for parents and carers as a necessary step towards improved work-life balance;
Amendment 20 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work, letterbox companies, fraudulent companies, bogus self-employment and companies 'fronting' human trafficking and slave labour networks, to which female workers are particularly vulnerable. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 21 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared workand precarious work, as well as, forced labour and exploitation. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 22 #
2018/0064(COD)
(7) The Authority should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . The Authority should also contribute in combatting human trafficking, whether for sexual exploitation, labour, organs or domestic servitude and protect workers from forced labour in Europe. Given that trafficking in human beings is a complex transnational phenomenon that can be tackled effectively only if the EU institutions and Member States coordinate their work in order to prevent ‘forum shopping’ by criminal groups and individuals, but with the focus being placed on identifying and protecting potential and actual victims with an integrated intersectional perspective. Therefore, the Authority could play an important role in combatting trafficking by putting in motion and/or by facilitating checks and cross boarder inspections, and by mainstreaming gender into labour inspections, yet with no replacement of national inspections and national enforcement activities. _________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 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, 21.1.1997, p. 1). 43 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, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 23 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the European Trade Union Confederation (ETUC), the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. _________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 24 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint gender responsive inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.
Amendment 25 #
2018/0064(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to keep track of emerging trends, challenges, or loopholes in the areas of labour mobility and social security coordination, the Authority should develop an analytical and risk assessment capacity. This should involve carrying out labour market analyses and studies, as well as peer reviews, always mainstreaming gender and using gender related indicators when doing so. The authority should monitor potential imbalances in terms of skills and cross-border, and gender labour flows, including their possible impact on territorial and social cohesion. The Authority should also support the risk assessment referred to in Article 10 of Directive 2014/67/EU. The Authority should ensure synergies and complementarity with other Union Agencies or services or networks. This should include seeking input from SOLVIT and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the Authority. The Authority should also facilitate and streamline data collection activities provided for by the relevant Union laws within its scope. This does not entail the creation of new reporting obligations for Member States.
Amendment 26 #
2018/0064(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To strengthen the capacity of national authorities and improve consistency in the application of Union law within its scope, the Authority should provide operational assistance to national authorities, including by developing practical guidelines, establishing training and peer learning programmes, promoting mutual assistance projects, embedding gender issues in training for new and in service inspectors, facilitating staff exchanges such as those referred to in Article 8 of Directive 2014/67/EU, and supporting Member States in organising awareness-raising campaigns informing individuals and employers of their rights and obligations. The Authority should promote the exchange, dissemination and uptake of good practices.
Amendment 27 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights and the bodies representing them should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. However, in the event of referral to national or EU courts of a dispute regarding implementation of Union law, individuals and employers and/or the bodies representing them must have the option of seeking an expert opinion from the Authority and calling on it to attend the relevant proceedings in this capacity. Finally, the Authority should be able to recommend that the Commission initiate infringement proceedings in the case of systematic and serious infringement of EU law regarding cross-border mobility. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 30 #
2018/0064(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) By definition, the objective of fair mobility includes respect for gender equality and the elimination of inequalities between men and women in line with Article 157(3) TFEU, enabling the Union to adopt legislation to ensure equal opportunities and equal treatment in terms of employment and working conditions.
Amendment 31 #
2018/0064(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) While gender equality is an established principle at EU level with regard to mobile and cross-border workers, massive differences and inequalities between the Member States are leaving female employees increasingly vulnerable to a widening pay and pensions gap and loss of entitlements in the course of transfer, posting or cross- border employment.
Amendment 32 #
2018/0064(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) In view of increasing non- compliance with regard to cross-border employment, which is primarily the domain of women working as home help and healthcare providers and in tourism, it is essential to ensure ongoing cooperation between the Authority and the European Institute for Gender Equality (EIGE), as well as gender mainstreaming in all analyses, cross- border mobility risk assessments reports and evaluations by the Authority.
Amendment 34 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers, together with the bodies representing them, to information on their rights and obligations as well as to relevant services;
Amendment 35 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint gender responsive inspections;
Amendment 36 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) advise and give expert opinion at proceedings before national or European courts on matters regarding implementation of Union law with regard to cross-border mobility at the request of the parties, that is to say the individuals, and employers concerned and/or the bodies representing them;
Amendment 37 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers, together with the bodies representing them, on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 38 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers on rights and obligations and wages in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 39 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint gender responsive inspections, in accordance with Articles 9 and 10;
Amendment 41 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobility, taking into consideration gender related indicators, in accordance with Article 11;
Amendment 42 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) give expert opinion at proceedings before national or European courts between workers and employers and/or the bodies representing them regarding implementation of Union law applicable to cross-border mobility at the request of the parties concerned;
Amendment 43 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) support Member States in combatting human trafficking in Europe
Amendment 44 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) investigate petitions addressed to it by private individuals or groups of individuals or the bodies representing them concerning serious infringements Union law with regard to cross-border employment.
Amendment 47 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote equal opportunities to support the labour mobility of individuals, including through guidance on access to learning and language training;
Amendment 48 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) establish and regularly update a register of enterprises engaged in cross- border activity, including cross-border recruitment; the register should contain information regarding the countries in which each business operates, the type of activity, the number and breakdown of staff by country and legal form of employment, turnover by country, and possible serious infringements of common legislation, particularly with regard to labour rights, protection and equality of women, undeclared work, bogus self- employment, social security and taxation.
Amendment 49 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) establish an accessible web portal that shall be used for disseminating labour mobility related information, support initiatives to seek convergence of fiscal policies and price of labour at the EU level. ELA website shall also serve as "one-stop-shop" for workers, employers and their representatives, where the affected individuals or stakeholders could register a complaint, report labour related disparities or breaches violation of European labour law and seek for advice and support.
Amendment 50 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals and employers and the bodies representing them to facilitate labour mobility across the Union with full respect for the rights enshrined in the Treaties and the Charter of Fundamental Rights of the EU and codified in the European Social Rights Pillar, for the autonomy of the social partners and for national collective bargaining systems. To that end, the Authority shall:
Amendment 51 #
2018/0064(COD)
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes and gender-sensitive approaches;
Amendment 52 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network, the European Trade Union Confederation (ETUC) and the Border Focal Point, in particular to identify and overcome cross-border obstacles to labour mobility;
Amendment 53 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and, the Border Focal Point, and EIGE in particular to identify and overcome cross-border obstacles to labour mobility;
Amendment 54 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Authority shall manage the EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of theand applicable data protection and accessibility legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.
Amendment 55 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point c
Article 8 – paragraph 1 – subparagraph 2 – point c
(c) promote and share best practices; in the implementation of Union law in areas such as parental leave and maternity entitlements, work-life balance, reduction of the earnings and pension gap between men and women and maximum working hours;
Amendment 57 #
2018/0064(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Coordination of concerted and joint gender responsive inspections
Amendment 58 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection, especially in cases where it receives reports from private individuals or groups of individuals or bodies representing them concerning serious infringements of Union law with regard to the cross-border mobility of workers.
Amendment 59 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint gender responsive inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint gender responsive inspection.
Amendment 60 #
2018/0064(COD)
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint gender responsive inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 61 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or joint gender responsive inspection shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential.
Amendment 62 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection, that shall be gender responsive, ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement mayshall include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.
Amendment 63 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection, including any gender disaggregated data from the respected inspections.
Amendment 65 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Information on concerted and joint inspections, containing gender- disaggregated data, shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report and shall be publicly disseminated on ELA website.
Amendment 66 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. In the event that a combined or joint investigation of serious infringements of Union legislation meets with a total refusal of all Member States involved, the Authority may apply to the Commission to carry out an independent inspection and, subject to Commission authorisation, carry out the inspection, informing in due time the authorities of the Member States in which it will take place.
Amendment 68 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats, taking into consideration gender indicators, and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 72 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. In exceptional cases, particularly when investigating serious infringements of EU and international law on combating human trafficking, the prohibition of slave labour, tax and business fraud (e.g. letterbox companies) or infringements of fundamental rights stemming from the Treaties and the Charter of Fundamental Rights, the Authority may proceed to mediation even in the absence of consensus between the Member States involved.
Amendment 73 #
2018/0064(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Commissioning of an expert report: In the event of a dispute between private individuals and employers and/or the bodies representing them being heard before a national or European court, the Authority may, at the request of one or all of the parties concerned, produce an expert report concerning possible infringement of Union law regarding cross-border employment and appear before the court. The opinion delivered by experts commissioned by the Authority shall be of a purely advisory nature and shall not be binding on the courts for the purposes of delivering judgement.
Amendment 80 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trustcombat social dumping in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and, employers and social partners about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
Amendment 81 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission, as well as by representatives of women's organisations and other sectoral organisations of the Union forming part of the Platform against Undeclared Work and the Committee of Experts on Posting of Workers.
Amendment 98 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of combating abusive practices and social dumping related to cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 100 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work, letterbox companies, fraudulent companies, bogus self-employment and companies 'fronting' human trafficking and slave labour networks. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 107 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute to facilitatingcombating social dumping in relation to the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 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, 21.1.1997, p. 1). 43 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, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 136 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 148 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54 , the European Enterprise Network55 , the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59 , notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 156 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54, the European Enterprise Network55, the European Trade Union Confederation (ETUC), the Border Focal Point56 and SOLVIT57 , as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59, notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform. The Authority should replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, and the operation and development of the IT infrastructure, which will continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 194 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights, and the unions representing them, should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. However, in the event of recourse to national or EU courts for the settlement of a dispute in the application of EU law, individuals and employers and/or their representative associations should be able to commission the Authority with drawing up an expert's opinion and call upon it to act as an expert in the case. Finally, the Authority should be able to recommend that the Commission initiate infringement proceedings in the case of a systematic and serious infringement of EU law regarding cross-border mobility. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 205 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States, the social partners and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 216 #
2018/0064(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated Stakeholder Group. The members should be representatives of Union-level and Member State-level social partners. In carrying out its activities, the Stakeholder Group will take due account of the opinions and draw on the expertise of the Advisory Committee for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 and the Advisory Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011.
Amendment 229 #
2018/0064(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In view of increasing non- compliance with regard to cross-border employment, which is primarily the domain of women working as home help and healthcare providers and in tourism, it is essential to ensure ongoing cooperation between the Authority and the European Institute for Gender Equality (EIGE), as well as gender mainstreaming in all analyses, cross- border mobility risk assessments reports and evaluations by the Authority.
Amendment 267 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to combating social dumping and abusive practices in relation to cross- border labour mobility and the coordination of social security systems within the Union.
Amendment 277 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This regulation is without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners as explicitly recognised by the TFEU. Taking part in the activities of the Authority is without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce, and to the Member States' powers to regulate, mediate or monitor national industrial relations, in particular on the exercise of the right to collective bargaining and to take collective action.
Amendment 287 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to combating social dumping and ensuring fair labour mobility in the internal market. To this end, the Authority shall:
Amendment 297 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and employers, together with the unions representing them, to information on their rights and obligations as well as to relevant services;
Amendment 298 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) facilitate access for individuals and, employers and social partners to information on their rights and obligations as well as to relevant services;
Amendment 327 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions without prejudice to the diversity of national industrial relations systems as well as the autonomy of social partners and the right to collective bargaining and to take collective action.
Amendment 328 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) in view of increasing non- compliance with regard to cross-border employment, which is primarily the domain of women working as home help and healthcare providers and in tourism, it is essential to ensure ongoing cooperation between the Authority and the European Institute for Gender Equality (EIGE), as well as gender mainstreaming in all analyses, cross- border mobility risk assessments reports and evaluations by the Authority.
Amendment 340 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and, employers and social partners on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 343 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point α
Article 5 – paragraph 1 – point α
(a) facilitate access to information by individuals and employers, together with the unions representing them, on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 382 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) facilitate access to information by individuals and employers, together with the unions representing them, on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7;
Amendment 385 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) investigate petitions addressed to it by private individuals or groups of individuals or the unions representing them concerning serious infringements Union law with regard to cross-border employment.
Amendment 387 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
Article 5 – paragraph 1 – point g c (new)
(gc) establish and regularly update a register of enterprises with cross-border activity, including cross-border recruitment. The register should contain information regarding the countries in which each business operates, the type of activity, the number and breakdown of staff by country and legal form of employment, turnover by country, and possible serious infringements of common legislation, particularly with regard to labour rights, protection and equality of women, undeclared work, bogus self- employment, social security and taxation.
Amendment 388 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g d (new)
Article 5 – paragraph 1 – point g d (new)
(gd) give expert testimony in litigation before national or European courts between workers and employers and/or the unions representing them regarding the implementation of Union law applicable to cross-border mobility at the request of the parties concerned;
Amendment 398 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and, employers and social partners to facilitate fair labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall:
Amendment 415 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employindividuals, employers and social partners on labour rules, and the living and working conditions applicable to workers in cross- border labour mobility situations, including posted workers;
Amendment 434 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and, employers and social partners pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.
Amendment 440 #
2018/0064(COD)
Proposal for a regulation
Article 7
Article 7
Access to cross-border labour mobility 1. services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall: (a) initiatives supporting the cross-border mobility of individuals, including targeted mobility schemes; (b) of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES; (c) initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network and the Border Focal Point, in particular to identify and overcomrticle 7 deleted services The Authority shall provide promote the development of enable the cross- border obstacles to labour mobility; (d) competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare. 2. EURES European Coordination Office and ensure that it fulfils its responsibilities in accordance with Article 8 of Regulation (EU) 2016/589, except for the technical operation and development of the EURES portal and related IT services, which shall continue to be managed by the Commission. The Authority, under the responsibility of the Executive Director as set out in Article 23(4)(k), shall ensure that this activity fully complies with requirements of the applicable data protection legislation, including the requirement to appoint a Data Protection Officer, in accordance with Article 37.matching cooperate with other Union facilitate cooperation between The Authority shall manage the
Amendment 447 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Authority shall provide services to individuals and employers and the unions representing them to facilitate labour mobility across the Union with full respect for the rights enshrined in the Treaties and the Charter of Fundamental Rights of the EU and codified in the European Social Rights Pillar, the autonomy of the social partners and the national collective bargaining systems. To that end, the Authority shall:
Amendment 454 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) cooperate with other Union initiatives and networks, such as the European Network of Public Employment Services, the European Enterprise Network, the European Trade Union Confederation (ETUC) and the Border Focal Point, in particular to identify and overcome cross-border obstacles to labour mobility;
Amendment 482 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point c
Article 8 – paragraph 1 – subparagraph 2 – point c
(c) promote and share best practices in the implementation of Union law in areas such as parental leave and maternity entitlements, work-life balance, reduction of the earnings and pension gap and maximum working hours;
Amendment 552 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection, especially in cases where it receives reports from private individuals or groups of individuals or the unions representing them concerning serious infringements of Union law with regard to the cross-border mobility of workers.
Amendment 597 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law and/or practice of the Member States concerned and without prejudice to the Member States' competences, obligations and responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce.
Amendment 623 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Staff of the Authority may participate be present as an observer during a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.
Amendment 650 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. In the event that a combined or joint investigation of serious infringements of Union legislation meets with a total refusal of all Member States involved, the Authority may apply to the Commission to carry out an independent inspection and, subject to Commission authorization, carry out the inspection, informing in due time the authorities of the Member States in which it will take place.
Amendment 660 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalansocial dumping, abusive practices, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of social dumping, skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues related to social dumping in the internal market.
Amendment 680 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Authority shall collect statistical data compiled and provided by Member States in the areas of Union law within the scope of the Authority’s competences. In doing so, the Authority shall seek to streamline current data collection activities in those areas. Where relevant, Article 16 shall apply. The Authority shall liaise with the Commission (Eurostat), Eurofound and European Institute for Gender Equality (EIGE) and share the results of its data collection activities, where appropriate.
Amendment 725 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute. In exceptional cases, particularly when investigating serious infringements of EU and international law on combating human trafficking, the prohibition of slave labour, tax and business fraud (e.g. letterbox companies) or infringements of fundamental rights stemming from the Treaties and the Charter of Fundamental Rights, the Authority may proceed to mediation even in the absence of consensus between the Member States involved.
Amendment 767 #
2018/0064(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authorities, and without prejudice to the autonomy of social partners and the right to collective bargaining and to take collective action, the Authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 770 #
2018/0064(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Commissioning of an expert report; In the event of a dispute between private individuals and employers and/or the unions representing them being heard before a national or European court, the Authority may, at the request of one or all of the parties concerned, commission an expert report concerning possible infringement of Union law regarding cross-border employment and testify before the court. The opinion delivered by experts commissioned by the Authority shall be of a purely consultative nature and shall not be binding on the judgment of the courts.
Amendment 800 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of: (a) one senior representative from each Member State and two representatives of the Commission, all of whom; (b) one member representing employers' organisations from each Member State; (c) one member representing employees' organisations from each member State; (d) one member representing the Commission. All members referred to points (a) to (d) shall have voting rights.
Amendment 811 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2), taking into account relevant managerial, administrative and budgetary skills. Members of the Management Board representing the social partners referred to in points (b) and (c) shall be appointed by their respective organisations in the Member States.
Amendment 846 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive forrespect gender balance. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 893 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations,; two representatives from the social partners in each Member State equally representing trade unions and employer's organisation; and two representatives of the Commission.
Amendment 898 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The members of the Stakeholder Group shall be nominated by their respective organisations and appointed by the Management Board. The Management Board shall also appoint alternate members, in accordance with the same conditions as members, who shall automatically replace any members who are absent or indisposed. To the extent possible, an appropriate gGender balance shall be respected, as well as adequate representation of SMEs.
Amendment 8 #
2017/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the European Parliament as the quintessence of representative democracy, should perform a crucial role in enforcing and implementing EU Law. The European Parliament's role as a natural receptor of petitions (materializing the right to petition enshrined in the article 44 of the EU Charter of Fundamental Rights of the European Union and articles 20 and 227 TFEU) is to liaise between the citizens and the institutions in cases relating to the implementation of EU law and provide fertile ground for discussion. For that reason stresses that the Parliament´s capacity to establish committees of inquiry and special committees should be elevated to pinpoint and examine cases serving the general public interest. The requirements of participatory democracy stated in the Lisbon Treaty provide that every citizen shall have the right to participate in the democratic life of the Union. Highlights, that citizens themselves have been instrumental in drawing to the attention of the institutions, cases of improper or non-application of EU law.
Amendment 9 #
2017/2273(INI)
Draft opinion
Recital A
Recital A
A. whereas equality between women and men is one, according to Article 2 TEU 3(3) TEU) the Union is founded ofn the core values on which the EU is founded and whereas the Union is committed to promoting it in all its actions as enshrined in Article 8 of the Treaty on the Functioning of the European Union (TFEU)f respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail; whereas Article 8 TFEU gives the Union the task of eliminating inequalities and promoting equality between men and women through all its activities;
Amendment 10 #
2017/2273(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas, the objectives of the Articles 2 and 3 (3) are also enshrined in Article 21 of the Charter of Fundamental Rights;
Amendment 11 #
2017/2273(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas equality between women and men is a fundamental value and right enshrined in the Treaty on European Union and the Charter of Fundamental Rights; whereas the European Union’s objective should be to reassure and promote equal opportunities and treatment for all and to combat all discrimination based on gender;
Amendment 12 #
2017/2273(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 157 TFEU allows and Article 19 TFEU enables legislation to combat all forms of discrimination, including on the basis of gender;
Amendment 13 #
2017/2273(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the European Union and the Member States have committed themselves, in Declaration No 19 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, ‘to combat all kinds of domestic violence […], to prevent and punish these criminal acts and to support and protect the victims’;
Amendment 14 #
2017/2273(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas EU legislation against trafficking in human beings, in particular women and children, has been adopted on the basis of Articles 79 and 83 TFEU, and the Rights, Equality and Citizenship programme finances, among others, measures contributing to the eradication of violence against women, based on Article 168 TFEU;
Amendment 15 #
2017/2273(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas EU directives focused on gender equality in particular, are not properly implemented in a number of Member States, leaving unprotected against discrimination in the areas of access to employment and access to goods and services people of different genders;
Amendment 16 #
2017/2273(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas gender-based discrimination intersects with other types of discrimination, as for example discrimination on grounds of race and ethnicity, religion, disability, health, gender identity, sexual orientation, age and/or socio-economic conditions;
Amendment 17 #
2017/2273(INI)
Draft opinion
Recital A h (new)
Recital A h (new)
A h. whereas 33 % of women in the EU have experienced physical and or sexual violence and 55 %have been sexually harassed, 32 % in the workplace; whereas women are particularly vulnerable to sexual, physical and online violence, cyber bullying and stalking; whereas more than half of female murder victims are killed by an intimate partner, relative or family member; whereas violence against women is one of the world’s most widespread human rights violations, regardless of age, nationality, religion, education, financial and social status, representing a major hindrance to equality between women and men; whereas the phenomenon of femicide is not decreasing in Member States;
Amendment 18 #
2017/2273(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
A i. whereas the EU LGBT survey found that lesbian, bisexual and transgender women face a huge risk of discrimination on the basis of their sexual orientation or gender identity; whereas 23 % of lesbian women and 35 % of transgender persons had been physically/sexually attacked or threatened with violence at home or elsewhere (in the street, on public transport, at the workplace, etc.)at least once in the last five years;
Amendment 19 #
2017/2273(INI)
Draft opinion
Recital A j (new)
Recital A j (new)
A j. whereas when coming to the application and enforcement of EU gender equality law in the Member States, it has been found to carry specific problems related to the transposition and application of the relevant directives, such as substantive deficiencies in legislation and its inconsistent application by national courts;
Amendment 20 #
2017/2273(INI)
Draft opinion
Recital A k (new)
Recital A k (new)
A k. whereas institutions and mechanisms for gender equality are often marginalised in national governmental structures, divided in different policy areas, hampered by complex mandates, lacking adequate staff, training, data and sufficient resources, and experience insufficient support from political leadership;
Amendment 21 #
2017/2273(INI)
Draft opinion
Recital A l (new)
Recital A l (new)
A l. whereas there is an persisting issue of a lack of gender related-data creates, a short-fall causing ambiguities and contorts the reality around the status of gender equality, specially in terms of gender-based violence and violence against women;
Amendment 22 #
2017/2273(INI)
Draft opinion
Recital A m (new)
Recital A m (new)
A m. whereas according to the 2017 European network of legal experts in gender equality and non-discrimination´s comparative analysis of non- discrimination law in Europe, in the vast majority of countries serious concerns still persist around perception and awareness, as individuals are often not informed of their rights to protection against discrimination and of protection mechanisms. whereas, according to this analysis, in relation to enforcement of the EU antidiscrimination directives, further issues of concern such as the lack of (or too restrictive) legal standing of organisations and associations to engage in proceedings on behalf or in support of victims of discrimination, restrictive application of the shift of the burden of proofas well as a number of barriers to effective access to justice have arisen and serve as on obstacle for the citizens to fully enjoy and protect their rights deriving from the provisions of the anti- discrimination law;
Amendment 23 #
2017/2273(INI)
Draft opinion
Recital A n (new)
Recital A n (new)
A n. whereas the EIGE2017 Gender Equality Index shows only marginal improvements: the EU remains long way towards achieving gender equality, with the overall score 66.2 out of100 now, just four points higher than ten years ago;
Amendment 24 #
2017/2273(INI)
Draft opinion
Recital A o (new)
Recital A o (new)
A o. whereas in decision-making gender equality data showed improve by nearly 10 points over the past decade to reach 48.5, yet it still has the lowest score. whereas this backlash largely reflects the uneven representation of women and men in politics and marks a democratic deficit in EU governance;
Amendment 25 #
2017/2273(INI)
Draft opinion
Recital A p (new)
Recital A p (new)
A p. whereas Eurofound’s report on the gender employment gap estimates that the gender employment gap is costing the EU around EUR 370 billion per year, corresponding to 2,8 % of EU GDP;
Amendment 26 #
2017/2273(INI)
Draft opinion
Recital A q (new)
Recital A q (new)
A q. whereas according to Eurofound’s Working Condition Survey, the composite indicator of paid and unpaid working time shows that when the paid and unpaid working hours are computed, women work for longer hours;
Amendment 27 #
2017/2273(INI)
Draft opinion
Recital A r (new)
Recital A r (new)
A r. whereas, despite the fact that women attain on average a higher level of education than men, the EU-average gender pay gap remained at 16,3 %in 2015;
Amendment 28 #
2017/2273(INI)
Draft opinion
Recital A s (new)
Recital A s (new)
A s. whereas, despite the EU’s commitment to gender equality indecision-making, the management boards of EU agencies are seriously lacking in gender balance, and show persisting patterns of gender segregation;
Amendment 29 #
2017/2273(INI)
Draft opinion
Recital A t (new)
Recital A t (new)
A t. whereas the feminisation of poverty is a fact in the EU and whereas the proper and full application and enforcement of EU equality and gender equality laws should go hand in hand with policies targeting the very high rates of unemployment, poverty and social exclusion among women, phenomena that are closely linked to budget cuts to public services, such as healthcare, education, social services and welfare benefits; whereas lack of equality policies and implementation of gender and equality law further endangers women and increases the risk of poverty and social marginalisation by excluding them from the labour market;
Amendment 34 #
2017/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the fundamental role the rule of law has in terms of legitimacy of any form of democratic governance; Highlights that this is a cornerstone of the Union legal order and as such is consistent with the concept of a Union based on the rule of law;
Amendment 35 #
2017/2273(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Reiterates that the Commission has been appointed with the role of the “guardian of the Treaties”, according to Article 17 TEU and that in this context the Commission has the power and duty to monitor the implementation of EU law and to bring infringement proceedings against a Member State that has failed to meet the obligations foreseen under the Treaties;
Amendment 36 #
2017/2273(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recalls that the principle of equality -in terms of equal pay for equal work- has been enshrined in the European Treaties since 1957 (Article 157TFEU) and highlights that Article 153 TFEU allows the EU to act in the wider area of equal opportunities and equal treatment in matters of employment and occupation;
Amendment 37 #
2017/2273(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Undertones the Commission’s role in monitoring the application of EU law and submitting its annual report to Parliament and the Council; Calls the Commission to further enrich its monitoring role and to incorporate indicators, such as gender, into the monitoring process and the various tools aiming to improve EU law implementation, enforcement and compliance in the Member States;
Amendment 38 #
2017/2273(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Stresses the need for more comprehensive, reliable, gender- disaggregated data that would allow for a clear picture of the status of equality in EU, but would also draw attention to issues of immediate concern and complement a better monitoring of the implementation of EU law, and especially the equality and anti-discrimination law;
Amendment 40 #
2017/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that non-Recognises that the primary responsibility for the correct implementation, improper and application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Unionof EU law lies with the Member States, but this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; uUnderlines that the EU institutions and Member States have the responsibility to ensure its implementation and enforcement; Points out that non- implementation, improper application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Union;
Amendment 42 #
2017/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that citizens and others affected by improper and non-application of EU law should be facilitated in every way possible to contact the institutions without facing administrative burdens or other difficulties.
Amendment 43 #
2017/2273(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that while the conception of the Regulatory Fitness and Performance Programme (REFIT), provided in the Better Regulation Communication in 2015 and further promoted in the Commission Communication ''EU Law: Better results through better application'' of 2016, is well intended, yet it still fails to allow citizens to stress effectively the issue pertinent to existing EU legislation. Notes that the upgrade of the Better Regulation Guidelines and the Toolbox are positive steps the REFIT platform still does not incorporate elements of impartial public consultation with stakeholder groups, while low submission rates are indicative of the lack of clarity and simplicity in procedures. Calls for the adaptation of rules in order to allow contributions without discrimination on grounds of media and digital literacy or disability, etc. This can be achieved by ensuring web-accessibility and upgrading the role of the Europe Direct information network to accept physical contributions and provide guidance for the submission procedures.
Amendment 45 #
2017/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the impact that effective application of EU law has on strengthening the credibility of the European institutions; Therefore considers the Annual report published by the European Commission, the right to Petition and the ECI important tools in order for the EU legislators to identify possible loopholes;
Amendment 48 #
2017/2273(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Reiterates that with the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union has become a binding set of EU fundamental rights and that the Charter prohibits discrimination on any ground, without limiting this prohibition to any specific fields and is addressed to the EU institutions, bodies, offices and agencies and to the Member States when they are implementing Union law;
Amendment 49 #
2017/2273(INI)
4c. Reiterates that in line with the Treaty on the Functioning of the European Union (TFEU) and the jurisprudence of the Court of Justice of the European Union (CJEU), transposition means the legal or regulatory process by which a piece of EU legislation is incorporated into the national legal order, implementation is a general term covering both transposition and application. Application denotes the practical application of the national transposing provisioning to a concrete situation or to a number of situations. Furthermore, enforcement means the measures taken after the monitoring process reveals shortfalls with full- compliance of EU Law (either flawed transposition or pathogenies in implementation).
Amendment 50 #
2017/2273(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes with appreciation to the CJEU that the broad interpretation of the concept of equal pay for equal work, as articulated by the Court and its extensive case law on this article have certainly broadened the possibilities to combat both direct and indirect sex pay discrimination and to narrow the gender pay gap, yet more remain to be done in order to eliminate the persisting gender-pay gap in EU;
Amendment 51 #
2017/2273(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Expresses concern that cases relevant to the free movement of persons and Union citizens, despite being low in number - comparing to other areas of law – are among the sectors with the longest average duration pending at a pre- litigation phase (55 months on average for the year 2016). Therefore, calls for a timely processing, thus safeguarding legal certainty and the protection of legitimate interests.
Amendment 52 #
2017/2273(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Reiterates the importance for gender equality mainstreaming that was aimed to achieved with Directives such as 75/117/EEC (on equal pay for men and women ), the Directive 76/207/EEC, amended by Directive 2002/73/EC (on equal treatment of men and women in employment ), the Directive 79/7/EEC (on equal treatment of men and women in statutory schemes of social security ), the Directive 86/378/EEC, amended by Directive 96/97/EC (on equal treatment of men and women in occupational social security schemes ), the Directive 86/613/EEC, repealed by Directive 2010/41/EU (on equal treatment of men and women engaged in an activity, including agriculture, in a self-employed capacity ), the Pregnant Workers’ Directive (92/85/EEC), the Parental Leave Directive (96/34/EEC, repealed by Directive 2010/18/EU), the Directive on equal treatment of men and women in the access to and the supply of goods and services(2004/113/EC) and, finally, the so-called Recast Directive (2006/54/EC) and stresses the need recasting existing directives aiming at clarification and bringing together in a single text the main provisions of the directives subject to this recasting process;
Amendment 53 #
2017/2273(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Is deeply saddened that despite the introduction of legal principles against inequality in pay between men and women, this alone does not eradicate the gender pay gap that persists. Recalls that an important feature to be highlighted is that the Recast Directive requires that the Member States ensure that provisions in collective agreements, wage scales, wage agreements and individual employment contracts which are contrary to the principle of equal pay shall be or may be declared null and void or may be amended;
Amendment 53 #
2017/2273(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Highlights the importance to safeguard the integrity of the EU legal order, which includes primary, secondary and soft law. For that reason calls for the timely adoption of legislative and non- legislative initiatives required for making European Pillar of Social Rights a reality for citizens. Underlines that timely adoption of legislative and non-legislative initiatives is a necessity recognized both by the European Commission and the European Parliament.
Amendment 54 #
2017/2273(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Underlines that except for the existing tools in place for the implementation of the EU law, further attention should be given both by the Member-States and the European Commission to alternative instruments that would allow for wider implementation of the EU Law, especially the provisions concerning equality in terms of payment. Therefore, highlights the importance of collective agreements for achieving equal pay, parental leaves and other related to employment rights thought collective bargaining;
Amendment 55 #
2017/2273(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Notes with concern that only a few cases on equal pay are brought to the courts every year (and some additional cases to the competent equality bodies) and believes that the low level of litigation may be that the alleged victim must often look for a comparator in order to claim discrimination;
Amendment 56 #
2017/2273(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Recalls its resolution of 15 January 2013 calling for the adoption of an EU regulation on a European law of administrative procedure under Article 298 TFEU. Notes with disappointment that the European Commission failed to follow the Parliament´s request to bringing forward a proposal for a legislative act in respect of the law of administrative procedure;
Amendment 68 #
2017/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the significance of the role of the Commission as the'' guardian of the Treaties''. Reiterates that the Commission investigative powers which are only sectoral and not general (currently in the areas of antitrust/competition - Council Regulation No. 1/2003, merger control - Council Regulation No. 139/2004, and State Aid - Council Regulation 2015/1589) are about to expanded through the proposal of the Single Market Information Tool (SMIT) which will allow requests of information from private firms or trade associations when the Commission initiates or substantiates infringements proceedings against Member States. Stresses the need to safeguard within that framework of the exercise of those powers adequate defence rights and procedural safeguards, such as the protection against self-incrimination (derivative of the right to a fair trial and the presumption of innocence) enshrined in Article 6 of the European Convention on Human Rights and Article 47 and 48 of Fundamental rights of the EU while ensuring full transparency.
Amendment 75 #
2017/2273(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that the proposal for revision of the Regulation 211/2011 is a positive step towards the contact between the citizens and the institutions and could contribute in releasing the untapped potential of the European Citizen's Initiative and eventually enriching the gap of democratic legitimacy.
Amendment 1 #
2017/2260(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 3 and 5 of the Treaty on European Union (TEU),
Amendment 35 #
2017/2260(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the employment rate in the EU is increasing and has reached 235.4 million people in jobs in the second quarter of 2017, which constitutes an employment rate of 72.3 % the quality of which is not specified though, meaning that the EU is on track to reach the 75 % employment rate target specified in the Europe 2020 strategy; which in itself is not adequate since art3 of the TEU stipulates that the Union is aiming at full employment;
Amendment 38 #
2017/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas although the EU unemployment rate is at its lowest level in nine years and stands at 7.5 % this recovery remains very uneven among Member-States to the benefit of those countries that did not need to implement deep structural reforms or follow adjustment programs;
Amendment 43 #
2017/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the employment rate for women is still 11 pps below that of men, demonstrating a persistent gender gap;
Amendment 51 #
2017/2260(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas in seven member-states, the long-term unemployment rate (as a percentage of total unemployment) exceeds that of the Eurozone average (49.7%) by 4% to 23%, indicating a potential permanent trend;
Amendment 63 #
2017/2260(INI)
E. whereas societies in the European Union are ageing, which presents additional challenges for Member States’the growing number of older people (nearly 20 % of the European population is over 65 and the estimation is that this rate will reach 25 % by 2050), the declining number of working age people and public budget constraints, especially austerity measures implemented in the EU, are having a significant impact on social security and healthcare systems;
Amendment 68 #
2017/2260(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, although a certain amount of progress in reducing poverty and social exclusion can be observed, there are still disadvantaged groups in society with an unacceptable 119 million poor in the EU of which more than 25 million children across of Europe (more than 1 in 4 children) and regional disparities persist;
Amendment 75 #
2017/2260(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the overall policy outlook of the European Semester remains concerned with fiscal consolidation and deregulation of labour markets;
Amendment 79 #
2017/2260(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that building up social policies is not a question of choice but of human dignity, an indispensable factor for maintaining cohesion and the legitimacy of the EU;
Amendment 92 #
2017/2260(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a Underlines that for a “Social Europe” to be achieved decisions on economic and social issues are necessary to be taken jointly in a complementary way;
Amendment 94 #
2017/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the integration of the European Pillar of Social Rights in the Annual Growth Survey 2018 as an important part of the European investment process aiming at increasing decent employment, based on a strategy of investment, and social justice via structural reforms and responsible public finances; calls on the Member States to take account offollow the priorities identified in the surveyJoint Employment Report accompanying the survey as well as the European Pillar of Social Rights in their national policies and strategies to promote growth, employment and social protection;
Amendment 105 #
2017/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the need for structural reforms aimed at improving labour market and social policies, in order to towards materialising the “Social Triple A”, by helping the workforce to acquire the skills they need and to promoteing equal opportunities inand access to the labour market, fair working conditions, increasing labour productivity to support wage growth, and sustainable and adequate social protection systems;
Amendment 120 #
2017/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Interinstitutional Proclamation on the European Pillar of Social Rights and believes its 20 key principles regarding equal opportunities and access to the labour market, fair working conditions and social protection and inclusion should not only serve as a point of reference when implementing the European Semester policy coordination cycle but be legally enforceable by adopting the appropriate legislation;
Amendment 125 #
2017/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the new scoreboard, which provides for 14 headline indicators to screenrelevant to the employment and social performance of Member States along the three broad dimensions, identified in the context of the Social Pillar but stresses that monitoring is not enough; calls therefore for the binding character of low levels of unemployment, poverty and inequalities in the same way economic indicators are binding; underlines the fact, that for the EU on average, 11 of the 14 headline indicators recorded an improvement over the last available year, confirming the steady improvement in the labour market and social situation which has accompanied the economic recovery; remains however concerned at the lack of control over the quality of job and educational opportunities created;
Amendment 136 #
2017/2260(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for improving work quality both in terms of working conditions, health and safety as well as in terms of wages allowing for a decent leaving and family planning; stresses the importance of tackling undeclared work in an effective manner, involving social partners and imposing appropriate fines;
Amendment 137 #
2017/2260(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that fiscal consolidation programmes should by no means impose austerity measures undermining social policies that suffer substantial cuts; any proposed fiscal measure should be assessed and monitored against its social impact;
Amendment 139 #
2017/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern at the level of youth unemployment, which remains high, with the number of NEETs having stagnated; welcomes, in this respect, an increase in funding for the Youth Employment Initiative by EUR 2.4 billion for the period 2017-2020 reminding that this amount is nevertheless not sufficient in relevance to the number of addressees and calls for additional funds to be provided to this end during the current financial framework and for adequate funds to be timely proposed for the next multiannual financial framework;
Amendment 170 #
2017/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training in order to guarantee that the skills acquired will match labour market demand; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; the creation of jobs though requires also an individualised approach according to the local necessities and particularities of the labour markets; cognitive and soft skills must equally be developed valuing personal abilities and offering on the job satisfaction;
Amendment 182 #
2017/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take all the necessary measures to improve the services and legislation that are important for a proper work-life balance; calls for the development of accessible and affordable childcare and early education services, and for the creation of favourable conditions for parents and carers by allowing for advantageous family leave take-up and flexible working arrangements which tap into the potential of new technologies; stresses the necessity though of lifting the burden of obligatory care from family members and asks for the creation of a regulated domain of domestic workers and carers that will facilitate the work-life balance while contributing jobs creation; underlines, in this respect, the potential of public-private partnerships;
Amendment 196 #
2017/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the potential of SMEs in job creation and the economy as a whole; considers it vital to support entrepreneurship also through the development and support of the social and circular economy models and to improve the business environment by removing administrative burdens, improving access to finance and supporting the development of tax models and simplified tax compliance procedures favouring SMEs, entrepreneurs, micro-entities and start-ups;
Amendment 214 #
2017/2260(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers demographic decline, which affects EU regions to different extents, to be among the serious obstacles hindering EU growth; calls on the Commission and the Member States to introduce measures designed to address this challenge; underlines the fact that demographic decline requires a holistic approach, which should include the adaptation of the necessary infrastructure, and the enhancement of public services and voluntary flexible working arrangements guarantying social security;
Amendment 219 #
2017/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that increasing life expectancy requires the adaptation of pensions systems in order to ensure a good quality of life for elderly people; stresses that this can be achieved by linking retirement age not only to life expectancy but also to insurance contribution years, and by preventing early exit from the labour market; stresses that the absurd phenomenon of maintaining people longer to work while experiencing youth unemployment should be remedied while refugees and migrants should have their skills recognised or be offered skills development opportunities in order to be given the chance to enter the labour market while at the same time supporting to sustainability of pension systems;
Amendment 226 #
2017/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that Cohesion Policy, as the main investment policy of the European Union, has demonstrated its effectiveness in reducing inequalities and should therefore be maintained at least a similar budgetary levelenhancing inclusion and poverty reduction and should therefore be increased in the future multiannual financial framework; considers that the European Social Fund should be retained as the main EU instrument for the integration and reintegration of workers into the labour market;
Amendment 231 #
2017/2260(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the necessity to attribute at least 5% of the EFSI to programmes especially tackling the youth and long- term unemployment and allow the EU contribution to exceed if necessary the 50% of the total required for countries experiencing exceptional disadvantages;
Amendment 232 #
2017/2260(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Suggests to exempt from the EU Stability and Growth Pact the financial resources allocated to programmes in support of the unemployed, mainly through active labour market policies including job creation in countries with unemployment above the Eurozone average as an investment to human capital sustaining potential growth since, according to the EESC the spending policy can not be measured by just an accounting result as deficit but on the impact it has on the real economy;
Amendment 250 #
2017/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the role of the social partners as essential stakeholders in the reform process and the added value of their involvement in the drafting, sequencing and implementation of reforms; supports the opinion that new forms of employment in the globalised market call for new forms of social dialogue; stresses though the necessity of restoring instead of deregulating labour relations supporting collective agreements for all; workers must be informed on their rights and be protected in case of whistleblowing to report abusive practices; affirms that the Member States need to help people build the skills required in the labour market;
Amendment 1 #
2017/2127(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols),
Amendment 2 #
2017/2127(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
– having regard to the European Social Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163),
Amendment 3 #
2017/2127(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
– having regard to the Recommendation Rec(2002)5 of the Committee of Ministers to Member States of the Council of Europe on the protection of women against violence and Recommendation CM/Rec(2007)17 on gender equality standards and mechanisms,
Amendment 4 #
2017/2127(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
– having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (‘CEDAW’, 1979) and its Optional Protocol (1999),
Amendment 5 #
2017/2127(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
– having regard to the European Parliament Directorate General for Internal Policies for the Union study titled ‘Discrimination Generated by the Intersection of Gender and Disability’,
Amendment 9 #
2017/2127(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas over 80 million persons with disabilities are living in the EU who are in urgent need of an accessible and unprejudiced environment; whereas one in four Europeans has a family member with a disability; whereas, there are approximately 46 million women and girls with disabilities in the EU, comprising about 16 % of the total female population of the EU;
Amendment 10 #
2017/2127(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas 75% of people with severe disabilities do not have the opportunity to fully participate in the European labour market; whereas the proportion of employed women in the EU-28 who had a long-standing health problem and/or a basic activity difficulty and who reported that they had used some kind of assistance at work was higher than the equivalent proportion for men. whereas, women with disabilities are in a greater poverty risk and therefore the barriers set for their participation and inclusion to labour market, education schemes and social life must be urgently lifted;
Amendment 11 #
2017/2127(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas multiple discrimination of different forms and shapes on grounds of gender and disability persists and their onset leads to social (such as lower self- esteem, economic reliance, social isolation), educational (such as high illiteracy rates, lower educational attainment especially for women) and labour market exclusion (lower participation in the labour market, tendency to hold low paid, temporary or precarious work) causing further stress and psychological burden for persons with disabilities, their families and carers;
Amendment 12 #
2017/2127(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
A d. whereas, Article 9 of UNCRPD recognises that appropriate measures must be taken to ensure girls and women with disabilities enjoy real access to the physical environment, transportation, information and communications, including information and communication technologies and to other facilities and services open or provided to the public, both in rural and urban areas;
Amendment 13 #
2017/2127(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
A e. whereas, women with disabilities have lower incomes and often do not own a vehicle and live longer than their male companions, there is an increased need to promote neighbourhood proximity, pedestrian, building and housing adjustments in order to reduce the factors that contribute to the exclusion of them to socio-economic, education and labour life of their; whereas, well-designed built-in environment in all public sphere related activities and services would enable and encourage women, and especially women with disabilities, to participate in the socio-economic life;
Amendment 14 #
2017/2127(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
A f. whereas, female passengers outnumber male passengers in public transportation and taking into consideration that women often have more complex transportation patterns as many care for dependant family members; whereas safe accessibility to transportation and to services and products related to transportation should be easily accessible to people with disabilities in order to ensure that they can enjoy independent mobility
Amendment 15 #
2017/2127(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
A f. whereas, women and girls with disabilities often suffer from lack of information and protection of their sexual and reproductive rights and have limited or no access to services and products that would enable them to fully enjoy those rights;
Amendment 16 #
2017/2127(INI)
Motion for a resolution
Recital A h (new)
Recital A h (new)
A h. whereas, support, protection, communication, care and health services, such as the ones connected to primary health, violence against women, childcare, motherhood, female sexual and reproductive rights, should be fully accessible in all languages, forms and formats by all women, and especially by women and girls with disabilities;
Amendment 17 #
2017/2127(INI)
Motion for a resolution
Recital A i (new)
Recital A i (new)
A i. whereas, health services personnel should be adequately trained in terms of disability sensitive issues so that it will be possible to better address the needs of people with disabilities; whereas employing persons with disabilities in health service units will allow patients with disabilities to better accommodate themselves and feel that someone can understand and address their needs; whereas having people with disabilities to work in public services, as the health care services, would also serve as motivation to people with disabilities;
Amendment 18 #
2017/2127(INI)
Motion for a resolution
Recital A j (new)
Recital A j (new)
A j. whereas articipation of citizens with disabilities, and especially women who are often under-represented in political and public life and marginalised, is a matter of dignity and further actions on the basis of Article 16 UNCRPD should be taken;
Amendment 19 #
2017/2127(INI)
Motion for a resolution
Recital A k (new)
Recital A k (new)
A k. whereas, despite the numerous international Conventions and European Law provisions, as well as the current European Disability Strategy in place, still the citizen and social rights of persons with disabilities are not fully enjoyed by them as, for example, are not given fair and equal possibilities to participate in the political social and economic life; whereas women and girls with disabilities remain at the margins of decision-making and progress and gender equality;
Amendment 20 #
2017/2127(INI)
Motion for a resolution
Recital A l (new)
Recital A l (new)
A l. whereas, tthe prevalence of disability in the European Union is higher among women than among men; women with disabilities are faced with multiple discrimination, facing substantial obstacles in realising their basic rights and freedoms such as physical, emotional, economic, intimate partner violence, violence at the hands of caregivers, sexual and institutional violence, discrimination in access to education and employment, which can lead to social isolation and psychological trauma; women are also disproportionately affected by disability as carers of family members with disabilities and experience discrimination by association more frequently than men;
Amendment 21 #
2017/2127(INI)
Motion for a resolution
Recital A m (new)
Recital A m (new)
A m. whereas gender equality was not horizontally mainstreamed in European Disability Strategy 2010-2020; whereas the TFEU requires the Union to combat discrimination based on disability when defining and implementing its policies and activities (Article 10) and gives it the power to adopt legislation to address such discrimination (Article 19); whereas Articles 21 and 26 of the Charter of Fundamental Rights of the European Union explicitly prohibit discrimination on the grounds of disability and calls for equal participation of persons with disabilities in society; whereas equal treatment can be assured by applying positive measures and policies for women with disabilities and mothers of children with disabilities; whereas, including a gender perspective dimension to the expected post 2020 European Disability Strategy will contribute to an integrated approach to eliminating further discrimination to women and girls with disabilities;
Amendment 67 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reiterates that all persons with disabilities have the right to fully enjoy their rights and their inclusion and participation in the society;
Amendment 68 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights the fact that the inclusion of persons with disabilities is a fundamental human rights issue that has to be properly addressed on European level;
Amendment 69 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Urges the Commission to come forward with a consolidated, cohesive and holistic approach, that incorporates the UNCRPD Concluding Remarks and suggestions, for a post 2020 European Disability Strategy;
Amendment 70 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Asks for a genuine structured dialogue between the EU and organisations representing persons with disabilities, when drafint the post 2020 European Disability Strategy;
Amendment 71 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Denounces the fact that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; reiterates its call on the Council to do so as soon as possible;
Amendment 72 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Denounces the fact that the EU institutions have not yet adopted a comprehensive and trully non- discriminatory recruitment, retention and promotion policy, including temporary positive measures, in order to increase actively and substantially the number of officials or staff and trainees with disabilities, including psychosocial and intellectual disabilities in line with Directive 2000/78/EC Article 5;
Amendment 73 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Underlines the need to facilitate the effective participation and freedom of expression of persons with disabilities at public events and meetings hosted by the institutions or held on their premises by providing captioning and sign-language interpretation, documents with Braille- printing and in easy-to-read formats;
Amendment 74 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 h (new)
Paragraph 1 h (new)
1 h. Regrets that the standing European Disability Strategy 2010-2020 has failed to adopt effective legislative acts, measures and policies in order to tackle the segregation and rejection of women with disabilities in the labour market, political life, schools and learning environments;
Amendment 75 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 i (new)
Paragraph 1 i (new)
1 i. Highlights the need to ensure in all EU Member - States accessible health and care services, as well as the support they need, so as to facilitate their social inclusion; highlights the fact that equal opportunities can only be achieved if the right to inclusion and participation is granted at all levels and types of life;
Amendment 76 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 j (new)
Paragraph 1 j (new)
1 j. Points out that the current European Disability Strategy has not properly addressed the impacts that the crisis has on people with disabilities and has not achieved to improve their daily life and facilitate their inclusion in all aspects of the socio-economic life. Highlights the fact that there were technical and financial shortcomings of special programmes addressed to people with disabilities, particularly in the Member States affected by the crisis, and calls on the Commission to examine how funding and implementation of such programms can be improved;
Amendment 77 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 k (new)
Paragraph 1 k (new)
1 k. Deplores wholeheartedly the disastrous conditions in which persons with disabilities have been found to be placed in some Member States, especially those under Financial Memorandum Programs, and calls on the European Commission to comply with the European Convention on Human Rights and Article 3 thereof, which bans inhuman and degrading treatment and to withdraw imposed measures on the Member-States that affect the lifes of people with disabilities;
Amendment 78 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 l (new)
Paragraph 1 l (new)
1 l. Urges the EU institutions to make their internet-based content and apps, including their intranets and all essential documents and audiovisual content, accessible while equally ensuring physical accessibility of their buildings;
Amendment 79 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 m (new)
Paragraph 1 m (new)
1 m. Reiterates the urgent need to address the issue of violence against women and girls with disabilities in public, private and institutional environments; Welcomes the decision of the Council for the EU to become a party to the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) as a further step in combating violence against women and girls with disabilities, yet denounces the fact that the Council decided to limit accession to two sectors, the cooperation in judicial matters and matters of refugees and asylum-seekers and non-refoulment;
Amendment 80 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 n (new)
Paragraph 1 n (new)
1 n. Urges the Commission to come forward with a consolidated proposal within the post 2020 European Disability Strategy and to adopt effective measures in order to prevent violence against women and children with disabilities which target families, communities, professionals and institutions; Highlights the important role that the educational institutions, such as schools, play in promoting social inclusion and points the need for a gender-mainstreamed educational policy to be adopted across EU Member States;
Amendment 81 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 o (new)
Paragraph 1 o (new)
1 o. Urges the Member States to adopt measures to ensure that all healthcare and services provided to women with disabilities, including all sexual and reproductive health and mental healthcare and services, are safely accessible and based on the free and informed consent of the individual concerned;
Amendment 82 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 p (new)
Paragraph 1 p (new)
1 p. Emphasises that women and girls with disabilities, including those from marginalised and vulnerable groups, such as women-refugees, migrants and asylum seekers, Roma and LBTI are facing multiple discriminations, and therefore must be enabled and empowered to participate in political life and decision- making processes in order to ensure that their interests and rights are expressed, supported and protected, ensuring a genuine grassroots gender perspective; calls on the Member States to provide adequately adapted services and facilities that would empower their active involvement and participation, and to invest in assistive and adaptive technologies and e-inclusion;
Amendment 83 #
2017/2127(INI)
Motion for a resolution
Paragraph 1 q (new)
Paragraph 1 q (new)
1 q. Underlines that in order to achieve autonomous and independent living for persons with disabilities, especially women, indivually and personally provided assistance is a mean that would support them and their families, enabling them to access workplace, educational and vocational training institutions, and supporting them in the event of pregnancy and motherhood;
Amendment 9 #
2017/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that an increasing number of petitions submitted to Parliament after the entry into force of the EU Charter of Fundamental Rights in December 2009 invoke the Charter as the legal basis for the alleged violation of their fundamental rights as EU citizens; notes that these petitions are evidence, on the one hand of the expectation of the EU citizens that the EU will be reincarnated to prioritize the rule of law and fundamental rights, and on the other of a serious structural lack of a fundamental rights- based approach in the drafting of legislation and policymaking both at EU level and in the implementation of legislation in Member States;
Amendment 14 #
2017/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that the Charter of Fundamental Rights only applies in Member States when implementing EU law; reiterates that many citizens have found its implementation to be unclear and unsatisfactory; Stresses nonetheless that the Charter is primary law of the Union not only for the institutions but also for the member states. Therefore the restricted applicability does not offer a ''carte blanche'' to violate rights of the Charter.
Amendment 19 #
2017/2089(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that a more rigorous interpretation and application of the Charter of Fundamental Rights of the European Union would suffice to ensure protection and promotion of fundamental rights throughout the Union. This robust interpretation shall be in line with international human rights obligations of the European Union, as they emanate from the Union's duty to uphold international customary law and general principles of public international law, hence not necessitating a treaty change to be accommodated.
Amendment 21 #
2017/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the expectations of most EU citizens submitting petitions in relation to the rights conferred on them by the Charter go far beyond their current scope of application; stresses that an excessively narrow or incoherent interpretation of Article 51 alienates citizens from the EU; urges the Commission to take steps to ensure that the interpretation of the scope of Article 51 is as coherent and wide as possible; , that would safeguard the universal and uniform implementation of the Charter through the Union and for all citizens; Considers that the universal application of the Charter is a condition for the promotion and consolidation of European citizenship and the strengthening of citizen's participation in democratic processes in the EU.
Amendment 26 #
2017/2089(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses the wish that the European Social Charter will be offered the same standing as the treaties in the same manner that the Charter of Fundamental Rights was. This way the profound proclivity towards civil and political rights will be eventually equilibrated with economic, social and cultural rights, bringing the Union in line with the universality, inalienability, indivisibility, interdependence and interrelation of human rights.
Amendment 28 #
2017/2089(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Insists that Article 7(7) of Regulation (EU) No.472/2013 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, which specifies that the budgetary consolidation efforts required following the macroeconomic adjustment programme must "take into account the need to ensure sufficient means for fundamental policies, such as education and health care", is interpreted in line with the requirements of the social provisions of the Charter and the principles of the European Social Charter.
Amendment 30 #
2017/2089(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Suggests the development and implementation of a Code of Conduct applicable to all Staff in line with the Charter of Fundamental Rights. Set up mechanisms for compliance that ensure that any violation is detected, reported and processed in a timely manner. Protection of the personal data of the alleged victim and of the involved whistle-blowers should be considered inalienable in the process. Organize training sessions for Staff with the view to eliminate issues of discrimination and hate speech on the basis of gender, sexual orientation, ethnic origin or any other status.
Amendment 33 #
2017/2089(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Reiterates the need to interpretatively expand the scope of the Charter ratione temporis bringing an evaluation of the legislation that has been adopted prior to its entry into force and remains unrevised. Opines that the Charter should also be unexceptionally applicable apart from all legislative, to all administrative acts of the institutions.
Amendment 35 #
2017/2089(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Deplores the blockage in the Anti- discrimination Directive (Directive implementing the principle of equal treatment outside the labour market, irrespective of age, disability, sexual orientation or religious belief) that would materialize the principle of non- discrimination as enshrined in the Charter and conform with the obligations born by the Union after acceding to the UN Convention on the Rights of Persons with Disabilities.
Amendment 37 #
2017/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that it is of paramount importance in the interests of EU citizens to guarantee the effectiveness of the protection granted them under the current system, particularly in the field of social rights, but also with regard to civil liberties and democratic participation, by broadening the application of the Charter; calls on the Commission, in this regard, to introduce a fundamental rights impact assessment in all relevant new legislative proposals for the purposes of mainstreaming fundamental rights in all relevant policy areas; stresses nevertheless that the existence but non-application of such an article - as is currently the case with art. 9 TFEU regarding high employment and social protection - would not serve the democratic nature of the EU but would on the contrary add to its de- legitimisation;
Amendment 42 #
2017/2089(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the importance of the Fundamental Rights Agency (FRA) in the institutional setting. Regrets the lacking integration of the agency's work in the evaluation of the compatibility of the institutional activities with the fundamental rights and the expertise on a regular basis on legislative files pertinent to internal and external competences of the Union.
Amendment 46 #
2017/2089(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reiterates that independent and impartial expertise to systematically prepare compatibility checks on all sectors of activity of the Union institutions is essential and to that end the contribution of the agencies relevant (European Institute for Gender Equality, FRA) could be systematized and further upgraded with substantial contributions to the legislative institutions and those with operational competences on the field.
Amendment 47 #
2017/2089(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Strongly believes that the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union 1a was an initial effort after the entry into force of the Charter, but needs to be urgently updated. The fundamental rights ''check list'', a methodology supposed to serve the systematic and rigorous monitoring of compliance with the Charter, in particular adherence to the principle of proportionality at the stage of a new legislative proposal needs to be quantified, expanded and published with the communication in an understandable manner. Points out that the impact assessment should be more thorough when comparing different options and the Commission shall prioritize the policy option that has no or policy impacts on fundamental rights, as only fundamental rights shall be considered legitimate objective of general interest. _________________ 1a Communication from the Commission, Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union, Brussels 19.10.2010, COM(2010) 573 final
Amendment 52 #
2017/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the fact that the Charter of Fundamental Rights can be considered the cornerstone to develop a fully-fledged Union of peoples and not merely a Union of economically active mobile consumers, bridge inequalities and implement robust social policies with a clear anthropocentric orientation. The Charter has the potential to act as the basis of a strong legitimacy of the Union, and remedy the democratic deficit and the imbalances between the dominant economic component vis-à-vis the atrophic social one.
Amendment 60 #
2017/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to reinforce of public consultation process that should be expanded and allow for active engagement of civil society and stakeholders. Targeted consultation should be equilibrated to include all affected stakeholders and groups, allowing for both written submissions and meeting. The outcome of those should be available online in detail to ensure that the Union's actions are coherent and transparent pursuant to article 11 TEU. Wide consultation should fully respect and uphold the principle of non- discrimination. Commission should consider revisiting the guidelines on stakeholder consultation and the minimum standards thereof and provide for adequately broad participation standards.
Amendment 61 #
2017/2089(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 67 #
2017/2089(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need to ensure the respect of the Charter, particularly its social provisions, is complied with during and throughout all stages of the European Semester process, including the Annual Growth Survey (AGS) with a simultaneous upgrade of the Joint Employment Report (JER). Calls for the development of social benchmarks to be monitored and form part of an integrated approach in the country-specific recommendations (CSRs).
Amendment 73 #
2017/2089(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Concerned by the limited justiciability and the lacking constitutive nature as introduced by article 51 par. 1 does not allow but only limited invocation by individuals.
Amendment 74 #
2017/2089(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recalls the fact that the Charter introduces third generation rights as is the one to transparent administration and access to documents. Regrets the fact that the revision of the Regulation 1049/2001 has been blocked by the Council. Shares the viewpoint of the Ombudswoman on her strategic inquiry concerning the transparency in the Council legislative process (OI/2/2017/TE) and regrets the fact that the Council did not reply within the deadline in the findings. It is regrettably a recurring topic that is constantly showcased also from complaints submitted to the Ombudswoman. This matter should be considered of high importance in the democratic life of the Union and the effective participation of citizens across the continent hindering the fulfilment of the constitutional treaties and the Charter. Most recently a decision in case 1272/2017/LP (the refusal to give public access to the opinion of its Legal Service concerning an inter-institutional agreement on Transparency Register) indicated that the issue is threatening principle institutional balance and the negates the essential practice of the mutual sincere cooperation. It is impossible to perform an ex post check on an ad hoc basis after the refusal of a request.
Amendment 76 #
2017/2089(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Expresses its concerns for the large discrepancies that characterize the implementation of the Charter in the economic and monetary governance of the EU, particularly of the Eurozone. Underlines that Regulations as 472/2013 and 473/2013, despite being part of the secondary law of the Union, assign crucial roles to institutions that are informal (as the Eurogroup) or lie outside the legal framework of the EU, as the ESM, and are not bound by the Charter, regardless of it enjoying the same standing as the Treaties. Notes the need to promote European integration with a reform that would place all institutions, unexceptionally, within constitutional setting and under the obligation to comply with the Charter.
Amendment 77 #
2017/2089(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Invites the different EU institutions to consider an enhancement of the scope of application of the Charter, including the deletion of its Article 51, in the next revision of the Treaty. In the event that is deemed unfitting the Commission shall strive to reopen the accession of the Union to the European Convention on Human Rights (ECHR) eventually materializing its legal obligation under article 6 par. 2 of the TEU, contributing to the creation of a coherent framework for human rights protection throughout Europe. The Commission shall strive to draft a new Accession Agreement that would cure the inadequacies pointed out by the Court of Justice of the European Union in the Opinion 2/13.
Amendment 79 #
2017/2089(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Voices its discontent for the interpretations of article 51 and 52 which bring in artificial contradiction rights with principles - especially civil and political rights with social and economic principles. Echoes the position of the FRA in the Fundamental Rights Report 2017, that the Charter '' is unique in combining with equal status civil and political and social and economic rights in a single document''. Considers that social and economic rights are considerably lacking and should be decisively reinforced constitutively by rendering legally binding for all institutions and all members states the 20 principle of the European Social Charter.
Amendment 1 #
2017/2039(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
1a. having regard to the Council recommendation of 22 April 2013 on establishing a Youth Guarantee (2013/C 120/01),
Amendment 2 #
2017/2039(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
1b. having regard to the revised European Social Charter,
Amendment 3 #
2017/2039(INI)
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
1c. having regard to the United Nations Convention on the Rights of Persons with Disabilities,
Amendment 4 #
2017/2039(INI)
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
1d. having regard to the UN Committee on the Rights of Persons with Disabilities’ ‘List of issues in relation to the initial report of the European Union’,
Amendment 5 #
2017/2039(INI)
Draft opinion
Citation 1 e (new)
Citation 1 e (new)
1e. having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast),
Amendment 6 #
2017/2039(INI)
Draft opinion
Citation 1 f (new)
Citation 1 f (new)
1f. having regard to the Commission proposal of 2 July 2008 for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426),
Amendment 7 #
2017/2039(INI)
Draft opinion
Citation 1 g (new)
Citation 1 g (new)
1g. having regard to its legislative resolution of 2 April 2009 on the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation,
Amendment 8 #
2017/2039(INI)
Draft opinion
Citation 1 h (new)
Citation 1 h (new)
1h. having regard to its resolution of 12 March 2013 on eliminating gender stereotypes in the EU,
Amendment 9 #
2017/2039(INI)
Draft opinion
Citation 1 i (new)
Citation 1 i (new)
1i. having regard to its resolution of 12 September 2013 on the application of the principle of equal pay for male and female workers for equal work or work of equal value,
Amendment 10 #
2017/2039(INI)
Draft opinion
Citation 1 j (new)
Citation 1 j (new)
1j. having regard to its resolution of 8 March 2011 on the face of female poverty in the European Union,
Amendment 11 #
2017/2039(INI)
Draft opinion
Citation 1 k (new)
Citation 1 k (new)
1k. having regard to its resolution of 4 July 2013 on the impact of the crisis on access to care for vulnerable groups,
Amendment 12 #
2017/2039(INI)
Draft opinion
Citation 1 l (new)
Citation 1 l (new)
1l. having regard to its resolution of 8 October 2015 on the application of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 13 #
2017/2039(INI)
Draft opinion
Citation 1 m (new)
Citation 1 m (new)
1m. having regard to its resolution of 28 April 2016 on women domestic workers and carers in the EU,
Amendment 14 #
2017/2039(INI)
Draft opinion
Citation 1 n (new)
Citation 1 n (new)
1n. having regard to its resolution of 13 September 2016 on creating labour market conditions favourable for work- life balance,
Amendment 15 #
2017/2039(INI)
Draft opinion
Citation 1 o (new)
Citation 1 o (new)
1o. having regard to its resolution of 14 March 2017 on equality between women and men in the European Union in 2014-2015,
Amendment 16 #
2017/2039(INI)
Draft opinion
Citation 1 p (new)
Citation 1 p (new)
1p. having regard to the European Pact for gender equality for the period 2011-2020 adopted in the Council conclusions of 7 March 2011,
Amendment 19 #
2017/2039(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas inequality undermines the common European values and erodes support to the European and public democratic institutions;
Amendment 20 #
2017/2039(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas increased inequality is associated with decreased social mobility, reduced human capabilities and limits on individual and collective freedom;
Amendment 21 #
2017/2039(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas across the EU women remain considerably under-represented in the labour market and in management, with the overall employment rate of women still being almost 12 % lower than that of men;
Amendment 22 #
2017/2039(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas ‘reducing the gender pay, earnings and pension gaps and thus fighting poverty among women’ is one of the priorities defined by the Commission in its document ‘Strategic engagement for gender equality 2016-2019’;
Amendment 23 #
2017/2039(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas 31.5 % of working women work part-time compared with 8.2 % of working men, and whereas just over 50 % of women work full-time, compared with 71.2 % of men, representing a full-time employment rate gap of 25.5 %;
Amendment 24 #
2017/2039(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas, gender balance is not an indicator properly addressed within the objectives of YEI;
Amendment 25 #
2017/2039(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas, Articles 9 and 10 of the TFEU in defining and implementing its policies and activities, the Union has to ensure an inclusive and integrated labour market that be able to address the severe impact of unemployment and secure a high level of employment, whereas, the EU must ensure decent working conditions across the Union, including adequate wages, and guarantee adequate social protection in accordance with labour regulations, collective bargaining and in line with the principle of subsidiarity, as well as a high level of education and training and combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 27 #
2017/2039(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the existing framework of the Youth Employment Initiative and the Youth Guarantee failed to successfully address the specific needs of young women and girls and/or specific groups of unemployed young people in need of particular support and positive measures (e.g. migrants, refugees and asylum seekers, Roma women and men, LGBTI, single parents, long term unemployed, school leavers etc.);
Amendment 30 #
2017/2039(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas, young girls and women take up the burden of care for dependent family members due to limited or no access to public and free social care whereas caring responsibilities are reasons for inactivity for almost 20 % of economically inactive women, while this is only the case for less than 2 % of economically inactive men; whereas women carry out at least two and a half times more unpaid household and care work than men;
Amendment 32 #
2017/2039(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas, in many member states women represent the vast majority of workers employed in precarious, part time or mini jobs. whereas responsibilities of care , in combination with difficulties to balance work and life has as effect women to be more likely to work part-time or be economically inactive than men, having a negative future impact on their wages and pension-related income;
Amendment 33 #
2017/2039(INI)
Draft opinion
Recital D
Recital D
D. whereas NEET rates are decreasing, although the Youth Employment Initiative (YEI) cannot take full credit for this; whereas, no measures to prevent young people from becoming NEET are implemented under the YEI;
Amendment 34 #
2017/2039(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas, NEETS are a heterogeneous group with diverse needs and therefore it is considered of utmost significance to take measures in order to make women, young girls and the gender aspect visible throughout an up-to-date YEI;
Amendment 35 #
2017/2039(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas, according to national evaluations for the YEI, there are difficulties in engaging vulnerable young people in some Member States. whereas, in the first phase of implementation, the YEI most frequently reached the younger age cohort of 15-24 year olds (77%), young men (51%), those with at least upper secondary qualifications (75%) and the unemployed (77%) rather than the inactive according to a survey of Managing Authorities in late 2015;
Amendment 36 #
2017/2039(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned that in many Member States youth unemployment rates are still unacceptably high and that improvement comes in slow pace;
Amendment 37 #
2017/2039(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for the inclusion to the YEI of intersectional criteria for targeted youth populations based on: gender, geography/remoteness from large or medium urban centres and facility centres, income, ethnicity, educational background, family features and disability;
Amendment 38 #
2017/2039(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Highlights the need for of a dual strategy approach and methodology based on gender mainstreaming with horizontal implementation to all initiatives, policies and measures of the EU in the context of YEI, with special regard to young women and girls;
Amendment 39 #
2017/2039(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses the utmost significance for setting and ensuring minimum standards regarding the quality of employment offered within the framework of the YEI. These standards should be safeguarded for all young people (re)entering the labour market and should not only respond to their professional/occupational profile and labour market demand and should include: contract based employment, decent working and living conditions, decent salaries, social security and pension rights, access to child care facilities, leaves, holidays, and permanent employment;
Amendment 41 #
2017/2039(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the full implementation to the YEI of both the Employment Equality Directive and Directive 2010/41/EU on the application of the principle of equal treatment between men and women;
Amendment 42 #
2017/2039(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers necessary that the EC and the Member-States come forward with positive measures in order to safeguard that young women and girls receive good quality offers of employment and are not employed or trapped in precarious, underpaid and temporary jobs with limited or no rights as workers;
Amendment 43 #
2017/2039(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the strengthening of young women´s rights and economic empowerment, not only through the implementation of the EYI, but also through the EU strategies and policies by addressing the deep-rooted unequal gender power-relations and stereotypes that not only give rise to discrimination and violence against women and girls, but to LGBTI persons as well. Furthermore, is concerned that that gender predominant power stereotypes interact with other forms of discrimination and inequality such as those related to race, disability, age and gender identity;
Amendment 56 #
2017/2039(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Strongly underlines that maternity and parenthood should not even be considered as acceptable grounds for discrimination against women in relation to accessing and remaining in the labour market; Therefore, highlights the need for a consolidated strategy for achieving work-life balance;
Amendment 61 #
2017/2039(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for gender quotas to be introduced by Member-States when implementing YEI, given that this positive measure is one of the proven most effective tools in addressing inequalities, discrimination and gender imbalances;
Amendment 64 #
2017/2039(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Member States to put in place effective measures and policies in order to address discrimination and unlawful dismissal related to work-life balance and to ensure access to justice and legal protection;
Amendment 67 #
2017/2039(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Urges the European Commission to come forward with an updated proposal for an increased budget for the YEI and the Youth Guarantee tools, given that ongoing European and Economic crisis and the consequent economic slowdown, Member States are still struggling with high unemployment levels, public debt, low growth and insufficient investments, as well as, cuts in public expenditure;
Amendment 69 #
2017/2039(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses the need for the Union to apply holistic policies and public investments that will effectively combat unemployment, poverty and social marginalisation. Therefore, calls for the inclusion of gender and social indicators to all its policies, strategies and tools;
Amendment 70 #
2017/2039(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Commission to improve the collection, analysis and dissemination of comprehensive, comparable and reliable and regularly updated data on women’s participation to the labour market through the YEI;
Amendment 71 #
2017/2039(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Calls on the Commission to come forward with a proposal extending the duration of the YEI implementation period beyond 2018. Furthermore, calls for the extension of the age limitation previously set to 25/29 years to over 30 years, as a measure to include larger groups of the population, who have already obtained a post-secondary level of education, yet still remain unemployed. Notes that such an extension shall also benefit the young mothers who have self- excluded themselves from the labour market in order to care for their children or other dependent members of their families;
Amendment 4 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy and its impact on economic and employment policies and recognises the need for regulation by the Member States;
Amendment 8 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the term ‘collaborative economy’ covers individual or social initiatives that seek to share or collaborate on a non-profit basis, and it needs to be differentiated from the profit-making digital economy or online platforms;
Amendment 14 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the collaborative economy covers such diverse models as crowdfunding, the exchange of goods, timebanking, self-consumption groups and the shared use of goods, among other things, and consequently it does not always operate in a digital environment but also operates in community-based contexts, frequently on a non-profit basis, it is not only practised on a global scale but also on a local one, and it is not exclusively restricted to the economic area but places the emphasis on social, environmental and accessibility aspects;
Amendment 22 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the platform economy is based on new technologies and is developing at a faster pace than tax and employment regulation; whereas there is an urgent need for regulation governing these platforms;
Amendment 23 #
2017/2003(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the importance of ensuring sufficient capacities to provide adequate social protection at Member State level for people in all forms of employment, standard and non-standard employment relationships as well as self- employment was highlighted in the report on the European Pillar of Social Rights;
Amendment 25 #
2017/2003(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas many of the new forms of employment that digitalisation and in particular digital platforms are creating are operating outside the contractual context (in employment and administrative terms), i.e. in the context of undeclared work;
Amendment 26 #
2017/2003(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas there are no official statistics on the volume of employment in the platform economy, but it is estimated that it comprises 100 000 workers, which represents 0.05% of all EU employees at the end of 2015;
Amendment 31 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’the collaborative economy in the stricter sense and the market economy conducted through online platforms and to recognise activities in the platform economy that are properly categorised as ‘work’;
Amendment 35 #
2017/2003(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that the collaborative economy can be used for social purposes and stresses the need for a clear distinction between the various types of platform; calls on the Commission and Member States to take action to combat the digital divide, guarantee access for everyone without discrimination and protect non-profit platforms;
Amendment 39 #
2017/2003(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the lack of clarity surrounding the existence of an employment relationship in profit-making platforms leaves workers without protection; deplores the fact that low-cost services are being offered to consumers at the expense of precarious conditions and unfair competition in certain sectors, often in sectors that are of strategic importance for the economy of some Member States;
Amendment 40 #
2017/2003(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission and Member States to guarantee that the developing online platform economy in the Union is socially and environmentally sustainable, respects labour rights and complies with minimum guarantees regarding platform quality;
Amendment 41 #
2017/2003(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that the existence of legal loopholes and grey areas may open the way to breaches of the social and labour rights of workers carrying out activities for these platforms; calls on the Commission to urge Member States to regulate aspects such as the minimum wage, working time, collective agreement cover, the right to social security, health and safety at work and maternity and paternity leave;
Amendment 47 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workgrets that the profit-making platform economy is contributing to the spread of social dumping and precarious employment with various forms of atypical work, the proliferation of bogus self-employment and crowdworking; recalls in this context that the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of work, and ILO Recommendation No 198 concerning the employment relationship establishes specific indicators recognising that the conditions for determining the existence of an employment relationship include a situation of subordination or dependence;
Amendment 63 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directive on decent working conditions in the platform economyeconomy of platforms based on transparency and access to information in order to guarantee the legal situation of platform workers and to ensure that all platform workers have the same social and employment rights and the same social, health and safety protection and access to lifelong learning as workers in the traditional economy and to ensure non-discrimination and gender equality; stresses that workers on these platforms should be covered by collective bargaining agreements; stresses the need to involve trade unions and other social stakeholders in drawing up this directive;
Amendment 69 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Member States to take the necessary steps to punish, by means of labour inspections tailored to suit these new forms of work, the use of undeclared recruitment practices and breaches of workplace health and safety standards;
Amendment 73 #
2017/2003(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to undertake to develop and enshrine in EU law appropriate definitions of the terms ‘worker’, ‘service provider’, ‘intermediary’ and ‘user’ so as to combat loopholes which allow for abuse; calls on the Commission and the Member States to open a broad social dialogue on new forms of employment and to set up a forum for negotiation in which to agree on amendments to EU legislation to redefine the status of worker and entrepreneur in the various branches of the new digital economy; takes the view that this forum should also establish models for labour relations, including administrative aspects thereof, determine the role that should be played by platforms, by ascertaining, for instance, who should apply for and pay social security contributions and future pensions, as well as working time arrangements, rest periods, occupational risk prevention guarantees, gender equality and curtail the rise of undeclared work;
Amendment 76 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to ensure an adequate social security and tax regime for self-employed workers, who are key players in the digital labour market; the platforms shall be responsible for compliance, and not only the workers, who often operate without any formal labour relationship with or administrative links to the platforms; calls on the Member States to provide sufficient resources to enable the labour inspections required to monitor this new type of activity; stresses that freedom of association and collective action, including collective bargaining, are fundamental rights which must apply to all workers; calls on the Commission to devise, with the involvement of the social partners, an appropriate framework for monitoring and follow-up of the new parameters of the collaborative economy;
Amendment 84 #
2017/2003(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores the worsening economic situation and the erosion of labour rights which have forced many jobseekers to work inadvertently for platforms in conditions of precariousness and a lack of protection and job security, factors which affect women, migrants and people with disabilities disproportionately;
Amendment 95 #
2017/2003(INI)
5. Calls for more reliable data on jobs and, working conditions and aspects such as social and environmental consequences in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies;
Amendment 97 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the concentration of data generated by users in the hands of a small number of private intermediation platforms undermines the privacy of users and competition in the market; calls on the Commission and the Member States to take the appropriate measures to stop any operator from assuming a dominant position in the digital market and ensure adequate safeguards for the privacy and personal information of users and workers, in such a way as to guarantee that data are only ever collected with explicit and informed consent and never by default;
Amendment 119 #
2017/2003(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for EU standards on transparency and, disclosure and privacy obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms; calls on the Member States to ensure that all for-profit online platforms comply with the same obligations as their ‘traditional’ competitors and that tax is collected from professional online platforms;
Amendment 128 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends assessing quality standards and imposing mandatory accreditation and licensing for activities carried out by online platforms, just as in the traditional economy;
Amendment 135 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes it necessary to take action to enable Member States’ governments to impose limits on the scope of action of these platforms, in the public interest;
Amendment 136 #
2017/2003(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls that the report on the European Pillar of Social Rights called on the Member States to take legislative action to oblige digital platforms and other intermediaries to report all work undertaken through them to the competent authorities for the purpose of ensuring adequate contributions and protection through social and health insurance for all workers;
Amendment 145 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represents a serious health and safety risk in the platform economy; advocates the establishment of a ‘recalls workers’ rights to rest and paid leave; recommends that Member States establish legislation governing the ‘right to log off,’ and ensuring that these workers, particularly women, have adequate resources to strike a balance between their personal, family and professional lives; is aware of how important it is for the social partners to conduct regular examinations of newly introduced technologies, processes and subcontracting agreements to ensure compliance with employment and social regulations and the right to log off’.;
Amendment 149 #
2017/2003(INI)
7a. Recalls that the flexibility, volatility and instability of these jobs passes the risks of the market on to workers and gives rise to greater social inequality and causes a higher incidence of psychological morbidity than in other jobs; stresses that the sector does not provide sufficient numbers of jobs for the unemployed, the most excluded groups in society and rural people, owing to barriers such as the digital divide or a lack of technological skills;
Amendment 89 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 94 #
2017/0355(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union, which is a necessity. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.
Amendment 116 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices cshould come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 127 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 143 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 149 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 162 #
2017/0355(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for, additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 168 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible for the employer to indicate a fixed work schedule due to the nature of the employment, workthe employers should knowinform workers how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.
Amendment 181 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 192 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day ofbefore starting the employment relationship.
Amendment 202 #
2017/0355(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level in all EU languages, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.
Amendment 208 #
2017/0355(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply iThese obligations apply to any kind of posting, without prejudice of the duration of the work period abroad is more than four consecutive weeks. __________________ 38 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, 21.1.1997, p. 1).
Amendment 219 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new positionAny entry into the labour market should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six month and should not be extended under any circumstance. Probationary periods may be longer than three months in compliance with national law and collective agreements where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 223 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. Member States in cooperation with social partners should establish when incompatibility clauses can apply. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 236 #
2017/0355(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing atbefore the start of the employment relationship.
Amendment 241 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 245 #
2017/0355(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish.
Amendment 254 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive an explanatory written response from the employer, which takes into account the needs of the employer and of the worker and justifies the decision.
Amendment 263 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration and preferably during working hours.
Amendment 271 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow sSocial partners tocould conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or it is improved.
Amendment 283 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 304 #
2017/0355(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 309 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust and consult social partners withabout the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 313 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions byto promoting more secure ande safe, predictable employment while ensuring labour market adaptabilityand with decent conditions, having in consideration technical and scientific developments.
Amendment 326 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.
Amendment 336 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 347 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 350 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which, after consulting social partners, shall determine which natural or legal persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They mayshall also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, shall be jointly and severally liable for obligations under this Directive. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 360 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 385 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and/or under the direction of another natural or legal person in return for remuneration;
Amendment 414 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.
Amendment 422 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 432 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking;
Amendment 446 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice; the procedure and the deadline for taking legal action contesting the dismissal;
Amendment 456 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, in addition, payments of overtime, bonuses and other entitlements and the method of calculation;
Amendment 475 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
Amendment 501 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofshall be explained and, where appropriate, accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 512 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be provihanded individually to the worker in the form of a document at the latest on the first day of the employment relationship. Twritten document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 529 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. If it is not possible under national law to provide a written contract of employment, the information referred to in Article 3(2) shall be handed individually to the worker in the form of a written document, in the language of the worker, signed by the employer prior to the employment relationship. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 537 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.
Amendment 562 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the dayfifteen days before it takes effect.
Amendment 572 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:
Amendment 592 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropshall be handed to the worker in a wriatte, be givn document in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particularlanguage of the worker and, when requested by the worker, can additionally be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and porintsed.
Amendment 599 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 612 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed sixthree months, including any extension.
Amendment 621 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide forcan establish longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. Such periods cannot exceed six months.
Amendment 624 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. During a probationary period, workers shall enjoy the same conditions and rights established in the scope of this Directive for those employees out of a probationary period.
Amendment 644 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. Member States shall establish legal framework for incompatibilities.
Amendment 671 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of fifteen days, in accordance with Article 3(2)(l)(ii).
Amendment 687 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
Amendment 695 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
When the period of notice is not respected by the employer, the worker is entitled to refuse the requirement. The employer can not penalise the worker when this refusal is made.
Amendment 712 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available.
Amendment 720 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a justified written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedout undue delay, not exceeding a month from the request.
Amendment 742 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker and, when possible, within working hours.
Amendment 760 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 770 #
2017/0355(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Equal payment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.
Amendment 785 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), 4 (2), Article 5, or Article 6 or any piece of information referred in Article 3 to 11, and the employer has failed to rectify that omission within 15 days of its notification, one ofthe signature of the contract, the following systems shall apply:
Amendment 799 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or
Amendment 806 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.
Amendment 824 #
2017/0355(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 866 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and in relation to areas to which it applies.
Amendment 56 #
2017/0237(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. _________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 64 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 78 #
2017/0237(COD)
Amendment 81 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainand providing adequate capacity for the carriage of bicycles on board all types of trains, including on long-distance services and cross-border journeys.
Amendment 103 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets. In this respect, wthenever possibley should also cooperate with ticket vendors providing combined journeys.
Amendment 124 #
2017/0237(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should, in particular, be taken into account in such an event.
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of the Court of Justice of the European Union in Case C 509/111a (ÖBB- Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. _________________ 1a Case C-509/11, ÖBB-Personenverkehr AG (EU: C2013:613).
Amendment 133 #
2017/0237(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings to seek compensation where applicable from any person, including third parties, in accordance with applicable national lawfor meeting their obligations under the provisions of this Regulation to passengers.
Amendment 135 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 138 #
2017/0237(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. , and to provide the option for passengers of binding alternative dispute resolution, in line with Directive 2013/11/EU1a. Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation 524/2013/EU1b where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and the Regulation should continue to be listed in the Annex to the revised Consumer Protection Cooperation Regulation 2017/2394/EU 1c. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways. _________________ 1aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14). 1bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p.1). 1cRegulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 140 #
2017/0237(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher.
Amendment 141 #
Amendment 142 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 146 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 149 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 154 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 155 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 . _________________ 29 OJ L 343, 14.12.2012, p. 32operating, stopping, travelling, departing or arriving within the territory of the Union.
Amendment 156 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 180 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 192 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
Amendment 196 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 203 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
Amendment 205 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 212 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 213 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 221 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011, whether assembled or not, free of charge on board the train, all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles.
Amendment 232 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 233 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 235 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily, and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. _________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 241 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 250 #
2017/0237(COD)
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 261 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies and in writing where possible. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats shall be clearly advertised.
Amendment 283 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 291 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings, tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale:
Amendment 298 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Member States may provide that railway undertakings, tour operators and ticket vendors shall provide tickets for services provided under public service contracts through more than one point of sale.
Amendment 304 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 314 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra costTickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts.
Amendment 328 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 344 #
2017/0237(COD)
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 6045 minutes, the passenger shall immediately have the choice between one of the following :
Amendment 358 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 369 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 377 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 388 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 393 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 395 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 403 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking, tour operator or ticket vendor. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 408 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if the isy are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 6045 minutes.
Amendment 412 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 428 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 431 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 433 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
Amendment 438 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 441 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 445 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 451 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.;
Amendment 457 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
Amendment 459 #
2017/0237(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking’s right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 460 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 475 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 481 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 498 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 515 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 527 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 535 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage.
Amendment 538 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be equal to the cost of replacement orpaid within one month of submission of a claim and be equal to the cost of replacement based on the actual value, or on the full costs of repair, of the equipment or devices lost or damawheelchair, equipment, devices lost or damaged or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passengedr.
Amendment 548 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 551 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 560 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 563 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 567 #
2017/0237(COD)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 568 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 577 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers.
Amendment 580 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 581 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility. This information shall be made freely available in writing upon request in the domestic language of the railway undertaking.
Amendment 588 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a bodyMember States shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this Regulation.
Amendment 592 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar year. that they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 594 #
2017/0237(COD)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible formats.
Amendment 597 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them. _________________ 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 599 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 600 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU1a may be made available with the agreement of all parties involved. _________________ 1aRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 602 #
2017/0237(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Amendment 607 #
2017/0237(COD)
Proposal for a regulation
Annex II – title
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
Amendment 609 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 1
Annex II – part I – indent 1
- General conditions applicable to the contract or contracts that form part of the journey or combined journey
Amendment 611 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 2
Annex II – part I – indent 2
- Time schedules and conditions for the fastest trip and best connections
Amendment 614 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 3
Annex II – part I – indent 3
- Time schedules and conditions for the lowest and all available fares
Amendment 615 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 5
Annex II – part I – indent 5
- Access conditionarrangements for bicycles
Amendment 616 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 6
Annex II – part I – indent 6
- Availability of seats in for all applicable fares in non-smoking (and non-, where applicable, smoking), first and second class as well as couchettes and sleeping carriages
Amendment 620 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 8
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
Amendment 621 #
2017/0237(COD)
Proposal for a regulation
Annex II – part II – indent 1
Annex II – part II – indent 1
- On-board services, including wifi
Amendment 624 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- percentage of delays of less than 6045 minutes;
Amendment 626 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- percentage of delays of 60-1145-89 minutes;
Amendment 628 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
- percentage of delays of 1290 minutes or more;
Amendment 630 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
(vii) provision of useful information throughout the journey, including in relation to wifi and other on-board services;
Amendment 631 #
2017/0237(COD)
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
(vii) accessibility of station and station facilities. , including step-free access, escalators, elevators and luggage ramps.
Amendment 632 #
2017/0237(COD)
Proposal for a regulation
Annex IV – paragraph 1
Annex IV – paragraph 1
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation 2017/2394/EU 1a of the European Parliament and of the Council. _________________ 1aRegulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017.
Amendment 633 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
ANNEX Va DISABILITY-RELATED TRAINING SPECIFICATIONS (a) Disability-awareness training Training of all staff, including those employed by any other performing party, includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers, - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling); (b) Disability-assistance training Training of all staff, including those employed by any other performing party, directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and a knowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, a knowledge of first aid.
Amendment 11 #
2017/0220(COD)
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
having regard to the judgment of the General Court in the case of T-754/14 and in particular paragraphs 45 and 47 thereof,
Amendment 15 #
2017/0220(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) according to the Judgement of the General Court in case T-754/14, the ECI aims at allowing the citizens of the European Union to participate directly in the democratic life of the European Union. Their active participation in the democratic process is further strengthened especially through the mechanism of ECI, that allows them to raise questions and present them to the European Commission, and to request from the latter to submit a proposal for a European Union legal act after having, as the case may be, presented the ECI at a public hearing organised at the Parliament, by stimulating a democratic debate without having to await the adoption of the legal act whose modification or withdrawal is ultimately sought.
Amendment 16 #
2017/0220(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) according to the same judgment, ECI proposals constitute an expression of the effective participation of citizens of the European Union in the democratic life thereof and they do not undermine the institutional balance intended by the Treaties, even when they are dealing with ongoing legislative procedures.
Amendment 21 #
2017/0220(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims toshall make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and supporters, in order to achieve the full potential of the European citizens’ initiative as a tool to foster debate and citizen participation at Union level, and to bring the Union closer to its citizens.
Amendment 24 #
2017/0220(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve those objectives, the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate to the nature of this instrument. They should strike a judicious balance between rights and obligationsall allow participation in the process of the European citizens' initiative without any discrimination whatsoever. They should strike a judicious balance between rights and obligations, giving when in doubt priority to the rights of the citizens as stressed in the Treaties and the Charter of the Fundamental Rights of the Union, striving to avoid formalism.
Amendment 27 #
2017/0220(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is appropriate to set a minimum age for supporting an initiative. To achieve the full potential of the European citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at Union level especially among young European citizens, that age should be set at 16 years. The decisive time for determining the ability of one person to support an Initiative is that of expression of the support.
Amendment 30 #
2017/0220(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 11(4) of the TEU an initiative inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required to implement the Treaties, is to be taken by not less than one million citizens of the Union who are nationals or permanent residents of a significant number of Member States.
Amendment 39 #
2017/0220(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In view of the advisory, translation and awareness-raising activities (including the ‘ECI Day’) undertaken by the consultative institutions of the Union, especially the European Economic and Social Committee, the Commission will keep those institutions informed on newly registered initiatives and future awareness-raising campaigns relating to the ECI.
Amendment 41 #
2017/0220(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to make the European citizens’ initiative more accessible and to provide support to citizens and organisers, the Commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the European citizens’ initiative. To ensure proximity to citizens, Member States should establish one or more, in due time and in any case by the time this Regulation comes into force, contact points in their respective territories to provide citizens with information and, assistance regarding theand guidance regarding the submission of a European citizens’ initiative.
Amendment 44 #
2017/0220(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A minimum organised structure is needed in order to launch and manage citizens’ initiatives successfully. That structure should take the form of a group of organisers, composed of natural persons resident in at least sevenix different Member States, in order to encourage the emergence of Union-wide issues and to foster reflection on those issues. For the sake of transparency and smooth and efficient communication, the group of organisers should designate or elect a representative and a substitute to liaise between the group of organisers and the institutions of the Union throughout the procedure. The group of organisers should have the possibility to create, in accordance with national law, a legal entity (non- governmental and non-profit) to manage an initiative. That legal entity should be considered as the group of organisers for the purposes of this Regulation.
Amendment 47 #
2017/0220(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the Treaties and this Regulation, initiatives that comply with the conditions laid down in this Regulation should be registered by the Commission before collecting statements of support from citizens. The Commission should deal with registration in accordance with the general principles of good administration and the protection of legitimate interests of citizens. Citizens should be notified when an initiative is prima facie inadmissible and allowed the chance to rectify the faults in the submission as to minimize chances of rejection.
Amendment 51 #
2017/0220(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to make the European citizens’ initiative more accessible, and taking into account that the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate, it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this Regulation. Initiatives should be partially registered where a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties and all the other registration requirements are met. Clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative. The choice for a partial registration shall not render void the Commission's obligation to fully justify its decision by giving reasons for choosing to partially register an initiative.
Amendment 61 #
2017/0220(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and citizens, the Commission should set-up and operate a central system for the online collection of statements of support. That system should be made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features. This ought to ensuringe that citizens' with disabilities canwill be facilitated to initiate, propose or provide support to the initiatives on an equal footing. That system should be set-up and maintained in accordance with Commission Decision (EU, Euratom) 2017/4626 . _________________ 26 Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission (OJ L 6, 11.1.2017, p. 40–51).
Amendment 62 #
2017/0220(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A group of organisers should have the possibility to set-up its own online collection systems for the collection of statements of support across the Union and to decide in which Member State the data collected for the initiative should be stored. The group of organisers should use a single individual online collection system for each initiative. Individual online collection systems set up and operated by a group of organisers should have adequate technical and security features in order to ensure that the data are securely collected, stored and transferred throughout the procedure. For that purpose, the Commission should set out detailed technical specifications for the individual online collection systems, in cooperation with the Member States. The Commission may seek advice of the European Union Agency for Network and Information Security (ENISA) which assists the Union institutions in developing and implementing policies related to security of network and information systems and the European Data Protection Supervisor (EDPS), which advises Union institutions and bodies on all matters relating to the processing of personal information. The group of organisers may also consult with ENISA and EDPS if they opt for setting up its own online collection systems.
Amendment 64 #
2017/0220(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate for Member States to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this Regulation and issue a document certifying such conformity before statements of support are collected. The certification of the individual online collection systems should be carried out by the competent national authority of the Member States in which the data collected through the individual online collection system is stored. Without prejudice to the powers of the national supervisory authorities under the General Data Protection Regulation, Member States should designate without delay the competent national authority responsible for the certification of the systems. Member States should mutually recognise the certificates issued by their competent authorities without the introduction of additional checks.
Amendment 66 #
2017/0220(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Citizens of the Union residing outside of the Union, or citizens holding double nationality (one being that of a member state and the other of a third state), or beneficiaries of refugee status or subsidiary protection and their family members holding a valid residence permit pursuant to Directive 2011/95/EU1b shall not be precluded from supporting an ECI. Same applies for EU Blue Card holders and their family members in accordance with Council Directive 2009/50/EC1c. Permanent residents of a member state in accordance with Directive 2004/38/EC 1a should be able to choose between their host member state and their country of origin when expressing their support. _________________ 1b Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted 1c Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment 1a Directive 2004/38/EC of the European and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member State
Amendment 73 #
2017/0220(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament within three months from the submission of the initiative and shall ensure a balanced representation of relevant public and private interestpresence of relevant stakeholders, as well as the representation at an appropriate level of the Commission. Other institutions and advisory bod, a representative from the Presidency of the Council, representative from the European Economic Social Committee (EESC) and the Committee of Regions (CoR). Other institutions and agencies of the Union as well as interested stakeholders should have the opportunity to participate in the hearing depending on the thematic of the ECI at hand upon their request.
Amendment 80 #
2017/0220(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative. The Commission should explainjustify adequately in a clear, comprehensible and detailed manner, substantiating the reasons for its intended action, and should likewise give its reasonsdo if it does not intend to take any action. In both cases a second public hearing shall be organized to discuss the conclusions communicated by the Commission, under the same rule as the first.
Amendment 85 #
2017/0220(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should be able to provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission upon request. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation and with full transparency. After the registraton the organizers shall publicize the sources of funding on the webpage of the initiative in order to allow potential supporters to make a credible decision at the time of expression of their support.
Amendment 92 #
2017/0220(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to contribute to the promotion of active participation of citizens in the political life of the Union, the Commission and the organisers should be able to collect, in accordance with data protection rules, email addresses of signatories for the purpose of communication activities regarding an initiative, in particular for the purpose of providing information on the follow-up actions in response to an initiative. The collection of email addresses should be optional and subject to the consent of signatories which should be freely given, specific, informed and unambiguous pursuant to article 7 of Regulation 2016/679. Email addresses should not be collected as part of the statements of support forms and potential signatories should be informed that their right to support an initiative is not conditional on giving their consent to collecting their email addresses.
Amendment 94 #
2017/0220(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to adapt to future needs 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 for the purpose of amending the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 95 #
2017/0220(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) This Regulation respects fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union, in particular Article 8 thereof.
Amendment 99 #
2017/0220(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Every citizen of the Union who is at least 16 years of age at the time of expression of support, has the right to support an initiative by signing a statement of support ('the signatory'), in accordance with this Regulation.
Amendment 102 #
2017/0220(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) it has received the support of at least one million signatories from at least one quarter of the Member States. (meaning six member states). (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 104 #
2017/0220(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of paragraph 1 a signatory shall be counted: (a) in its Member State of nationality. (b) in the member state of choice (host state or state of origin) in case the citizen is a permanent resident of another member state (pursuant to Directive 2004/38). (c) in the member state of choice in case of dual or multiple citizenship (d) the member state of residence in case of beneficiaries of international and subsidiary protection or EU Blue Card holders (pursuant to Council Directive 2009/50/EC and Directive 2011/95/EU)
Amendment 126 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. The information shall be provided in a manner that is accessible and usable format and technologies appropariate to different kinds of disabilities in a timely mannter and without additional cost. the information shall be presented at an easily comprehensible manner with the use of sign languages, Braille, augmentative and alternative communication, and any other accessible means, modes and formats of communication;
Amendment 127 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. Europe Direct information points and the representation offices of the Commission at the member states ypon the request of the organisers shall be at the position to: (a) provide full assistance, free of charge (b) facilitate communication with the Commission
Amendment 128 #
2017/0220(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An initiative shall be prepared and managed by a group of at least sevenix natural persons (the 'group of organisers'). Members of the European Parliament shall not be counted for the purpose of that minimum number.
Amendment 130 #
2017/0220(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The members of the group of organisers shall be citizens or residents of the Union, of the age to be entitled to vote in elections to the European Parliament and residents oforiginating from at least sevenix different Member States.
Amendment 133 #
2017/0220(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The group of organisers shall designate or elect two of its members as, respectively, representative and substitute, who shall liaise between them and the institutions of the Union throughout the process and who shall be mandated to act on behalf of the group of organisers (the 'contact persons').
Amendment 140 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – point b
Article 6 – paragraph 2 – subparagraph 2 – point b
(b) where it is made up of more than 7 members, indicate those sevenix members to be taken into account for the purpose of Article 5(1) and (2);
Amendment 164 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisersand adequately justify stating the reasons in full detail for choosing the course of action announced in the communication. The group of organizers shall be fully informed of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them.
Amendment 180 #
2017/0220(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State (the 'responsible Member State') shall verify and certify that the statements of support signed by its nationals or residents comply with the provisions of this Regulation. (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 192 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organize the public hearing at the European Parliament. Representatives of the oits premises. Representatives of the European Commission, the Presidency of the Council, the European Economic and Social Committee (EESC), the Committe of Regions (CoR) shall be invited. Other institutions and advisory bodies of the Union based on the topic stressed in the ECI, as well as interested stakeholders, shall be given the opportunity to participate in the hearing.
Amendment 198 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
The Commission and the European Parliament shall ensure a balanced representation of relevant public and private intereststakeholders involved depending on the topic discussed. Additionally the hearing shall be fully accessible, publicly web-broadcasted and shall allow for the opportunity for real- time participation by the citizens.
Amendment 201 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3 a (new)
Article 14 – paragraph 2 – subparagraph 3 a (new)
The European Parliament in accordance with its Rules of Procedure shall strive to host a debate at plenary level with the option to have a motion for resolution depicting its position on the European citizens' initiative proposed.
Amendment 211 #
2017/0220(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
15 Examination by the Commission - First Phase
Amendment 216 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Within fiveour months after the publication of the initiative in accordance with Article 14(1), and after the public hearing referred to in Article 14(2), the Commission shall set out in a draft communication its legal and political conclusions on the initiative, the action it intends to take, if any, and its reasons for taking or not taking action.
Amendment 223 #
2017/0220(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Examination of the Commission - Second Phase 1. Within one month from the publication of the draft communication a second public hearing shall be organized by the European Parliament at its premises in accordance with article 14, with the view to debate fully and with transparency the proposed course of action by the European Commission. 2. Within two months from the second public hearing the final communication from the Commission shall be communicated to the European Parliament, the European Economic and Social Committee (EESC) and the Committee of Regions (CoR) and the organizers.
Amendment 235 #
2017/0220(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For the purpose of Article 11, each Member State shall designate without delay one or more competent authorities responsible for issuing the certificate referred to in Article 11(3).
Amendment 236 #
2017/0220(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. For the purpose of Article 12, each Member State shall designate without delay one competent authority responsible for coordinating the process of verification of statements of support and for issuing the certificates referred to in Article 12(5).
Amendment 237 #
Amendment 239 #
2017/0220(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 240 #
2017/0220(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 242 #
2017/0220(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens' initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than fiveour years from the date of application of this Regulation, and every fiveour years thereafter. The reports shall be made public.
Amendment 244 #
2017/0220(COD)
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. The title of the initiative, in no more than 100 characters not including spaces;
Amendment 246 #
2017/0220(COD)
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. The content of the initiative on which the Commission is invited to act, in no more than 1000 characters not including spaces;
Amendment 247 #
2017/0220(COD)
Proposal for a regulation
Annex II – point 4 – paragraph 1
Annex II – point 4 – paragraph 1
The full names, postal addresses, nationalities and dates of birth of sevenix members of the group of organisers residing in sevenix different Member States indicating specifically the representative and the substitute as well as their e-mail addresses and telephone numbers35 ; _________________ 35 Privacy statement: in accordance with Article 11 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, data subjects are informed that these personal data are compiled by the Commission for the purpose of the procedure in respect of the proposed citizens’ initiative. Only the full names of the organisers, the country of residence of the representative or, as the case may be, the name and the country of the seat of the legal entity, the e-mail addresses of the contact persons and information relating to the sources of support and funding will be made available to the public in the Commission’s online register. Data subjects are entitled to object to the publication of their personal data on compelling legitimate grounds relating to their particular situation, and to request the rectification of that data at any time and its removal from the Commission’s online register after the expiry of a period of two years from the date of registration of the proposed citizens’ initiative. (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 248 #
2017/0220(COD)
Proposal for a regulation
Annex II – point 4 – paragraph 2
Annex II – point 4 – paragraph 2
If the representative and/or the substitute are not among the sevenix members referred to in the above paragraph, their full names, postal addresses, nationalities, dates of birth, e-mail addresses and telephone numbers.
Amendment 249 #
2017/0220(COD)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Documents that prove the full names, postal addresses, nationalities and dates of birth of each of the sevenix members referred to in point 4 above and of the representative and the substitute if they are not among those sevenix members; (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 27 #
2017/0143(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 31 #
2017/0143(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A skilfully reworked redistributive (pay-as-you-go) pension scheme with predefined benefits and tripartite funding continues to be the key to sustainable and acceptable pensions in the EU. However, the long-term sustainability of the redistributive system and the social effectiveness of first-pillar pensions are being systematically undermined by unemployment, flexible or atypical forms of work, demographic shifts and uninsured and undeclared work, as well as austerity policies that are limited to quantitative adjustments (increase in retirement age, increase in the amount of insurance contributions, reduction in pension replacement rates) and the policies adopted by the EU Member States. At the same time, the quantitative adjustments, coupled with a shift from redistributive to funded pension schemes, are merely serving to widen inequalities between pensioners without ensuring the sustainability of pensions.
Amendment 35 #
2017/0143(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The supplementary (second-pillar) pension system is also in deep crisis. The destruction of traditional sectors and business activities following the latest financial crisis, the decline of collective bargaining and collective agreements and the investment of a portion of supplementary and occupational pension reserve funds in securities that came crashing down during the last financial crisis has eroded second-pillar assets. However, second-pillar social security benefits, in many countries based on collective agreements between the social partners with bilateral funding from employer and employee contributions, can also continue to be a means of boosting total pension income.
Amendment 41 #
2017/0143(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Personal pensions are important in linking long-term savers with long-term investment opportunities. A larger, European market for personal pensions will support the supply of funds for institutional investors and investment into the real economyIndividual third-pillar personal pension insurance may, under certain circumstances, supplement pension income. A basic prerequisite for this is the existence of a sound and secure system for the supervision and control of individual providers - at both Member State and EU level - to mitigate the risk of losing funds invested in financial securities. Private pensions are only affordable for those with surplus income to save or invest. Therefore they must not and cannot be regarded as a substitute for public pension schemes for the vast majority of workers forced to get by on reduced incomes and faced with high unemployment and poverty, especially in countries where budgetary adjustment programmes have been implemented. At the same time, the increased percentage of unemployed persons facing poverty (48% in the EU, 70.8% in Germany and 48.3% in Greece) would suggest that a growing section of the population will find it impossible to secure any type of pension. It is necessary to strike the right balance between first, second and third-pillar arrangements. Any tax concessions for private pension products must not be at the expense of social security systems that are either publicly guaranteed and funded under the national budget (first pillar) or rely on bilateral funding from employer and employee contributions, providing greater security for workers, given that their sustainability is not totally dependent on market yields.
Amendment 45 #
2017/0143(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 48 #
2017/0143(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The cornerstone of more sustainable first-pillar, second-pillar and occupational pension schemes, which are still limited in scope, should be the implementation of job creation policies and mass employment programmes aimed a tackling unemployment and consolidating the financial resources necessary to provide security for the pensioners of today and tomorrow. The basis of the redistributive pension system is employment, while funded and private pensions schemes rely on returns from financial products and the capital markets.
Amendment 52 #
2017/0143(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 56 #
2017/0143(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 57 #
2017/0143(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 58 #
2017/0143(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 59 #
2017/0143(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 60 #
2017/0143(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 65 #
2017/0143(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 72 #
2017/0143(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 78 #
2017/0143(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 79 #
2017/0143(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Article 114 TFEU allows the adoption of acts both in the shape of Regulations or Directives. The adoption of a Regulation has been preferred as it would become directly applicable in all Member States. Therefore, a Regulation current proposal to create a PEPP, which would, allow a quicker uptake of the PEPP and contribute more rapidly to address the need for more pension savings and investments in the CMU context. Since this Regulation is harmonisiccording to the Commission, help transfer funds from the safety of bank accounts with short maturities into capital market investments, and contribute to worker mobility, will not resolve the problem of European citizens regarding pensions. This is, in fact, a serious bid to streng then core features of the PEPPs, they do not have to be subject to specific national rules, so a Regulation appears better suited than a Directive in this case. On the contrary, the features which are out of the scope of the Regulation (e.g. accumulation phase conditions) are subject to national rules. apital markets by transferring funds from the second pillar - which still has substantial reserves - to high-risk private financial products that provide little by way of security. This is reflected in the dramatic losses sustained by private fund reserves invested in financial products during the 2008 financial crisis. In addition, it is uncertain whether the investments generated by this initiative will remain within the EU.
Amendment 81 #
2017/0143(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 85 #
2017/0143(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The introduction of the PEPP is targeted at a limited number of social categories, primarily mobile professionals whose country of employment frequently changes and to self-employed people in the middle and high income brackets. The proposal, if implemented, will therefore further widen the already substantial pension inequalities, favouring the higher income brackets. At the same time, it will pave the way for pension privatization and the transfer of funding from the second to the third pillar. Instead of legislating in favour of better private pensions for the few, the Commission, following the social shift flagged by the European Pillar of Social Rights, should focus more on underpinning employment policies that will help consolidate pension systems, especially for those in the lower income brackets, workers with precarious, intermittent or zero-hour contracts and seasonal workers.
Amendment 87 #
2017/0143(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 88 #
2017/0143(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 89 #
2017/0143(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The competent authorities of the Member States should have at their disposal all means necessary to ensure the orderly pursuit of business by PEPP providers and distributors throughout the Union, whether pursued in accordance with the freedom of establishment or the freedom to provide services. In order to ensure the effectiveness of supervision, all actions taken by the competent authorities should be proportionate to the nature, scale and complexity of the risks inherent in the business of a particular provider or distributor, regardless of the importance of the provider or distributor concerned for the overall financial stability of the market. Investors should be given protection through the introduction of a mechanism for cross-border complaints and claims for damages.
Amendment 90 #
2017/0143(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The pan-European dimension of the PEPP can be developed not only at the level of the provider, through the possibilities for its cross-border activity, but also at the level of the PEPP saveinvestor – through the portability of the PEPP, thus contributing to the safeguarding of personal pension rights of persons exercising their right to free movement under Articles 21 and 45 TFEU. Portability involves the PEPP saveinvestor changing residence to another Member State without changing PEPP providers, whereas the switching of PEPP providers does not necessarily involve a change of residence.
Amendment 92 #
2017/0143(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Uniform tax incentives should be provided for individual national investment products so as to avoid creating unfair competition on the national insurance market. Given that, in many countries, tax incentives are not provided for the third pillar, but only, to a certain extent, for collective occupational pension schemes, implementation of the PEPP is not a practical proposition.
Amendment 98 #
2017/0143(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirementsupplementary private pension benefits. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre- retirement) and post- retirement. In particular, information concerning accrued pension entitlements, projected levels of supplementary retirement benefits, risks and guarantees, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.
Amendment 100 #
2017/0143(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Detailed information on the nature of the investment product must be provided in a prospectus to be cosigned by the investor prior to the purchase of the new product. The product data contained in the key investor information document must be visible, clearly legible, comprehensible and user-friendly for everyone without exception, including those with disabilities, and intended to provide them with an accurate product description.
Amendment 102 #
2017/0143(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before joining a PEPP scheme, potential PEPP saveinvestors should be given all the necessary information to make an informed choice.
Amendment 103 #
2017/0143(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Investors must be given detailed information about the cost of the product from which they hope to receive additional income. From the first page of the contract, investors must be given an analytical and detailed breakdown of the total cost of the product and in particular: a. entry fee b. administrative costs, c. investment management costs, d. any additional costs.
Amendment 104 #
2017/0143(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure optimal product transparency, PEPP manufacturers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs. __________________ 33Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.
Amendment 106 #
2017/0143(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure widespread dissemination and availability of PEPP key information documents, this Regulation should provide for publication by the PEPP manufacturprovider of PEPP key information documents on its website.
Amendment 107 #
2017/0143(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Key information documents regarding the product must be provided to the investor in hard copy, drafted in a comprehensible manner at no additional cost, before he or she signs the relevant investment contract.
Amendment 108 #
2017/0143(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Pension product calculators are already being developed at national level. However, in order for the calculators to be as useful as possible to consumers, they should cover the costs and fees charged by the various PEPP manufacturproviders, together with any further costs or fees charged by intermediaries or other parts of the investment chain not already included by the PEPP manufacturproviders.
Amendment 109 #
2017/0143(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Investors should be given the possibility - by means of a specific appliance - of calculating provision levels during the decumulation period.
Amendment 110 #
2017/0143(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 111 #
2017/0143(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) PEPP providers should draw up a Pension Benefit Statement addressed to PEPP saveinvestors, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Supplementary Pension Benefit Statement should be clear and comprehensive and should contain relevant and appropriate information to facilitate the understanding of supplementary pension entitlements over time and across schemes and serve labouinvestor mobility.
Amendment 114 #
2017/0143(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) PEPP providers should inform PEPP savers sufficiently in advanceinvestors two years before retirement about their pay-out options. Where the supplementary retirement benefit is not paid out as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirementsupplementary benefits.
Amendment 116 #
2017/0143(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) During the phase when supplementary retirement benefits are paid, PEPP beneficiaries should continue to receive information on their benefits and corresponding pay-out options. This is particularly important when a significant level of investment risk is borne by PEPP beneficiaries in the pay- out phase. PEPP beneficiaries should also be informed of any reduction in the level of benefits due, prior to the application of any such reduction, after a decision which will result in a reduction has been taken. As a matter of best practice, PEPP providers are recommended to consult PEPP beneficiaries in advance of any such decision.
Amendment 118 #
2017/0143(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to protect adequately the rights of PEPP saveinvestors and PEPP beneficiaries, PEPP providers should be able to opt for an asset allocation that suits the precise nature and duration of their liabilities. Therefore, efficient supervision is required as well as an approach to investment rules that allows PEPP providers sufficient flexibility to decide on the most secure and efficient investment policy, while obliging them to act prudently. Compliance with the prudent person rule therefore requires an investment policy geared to the customers' structure of the individual PEPP provider.
Amendment 119 #
2017/0143(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 122 #
2017/0143(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) This Regulation should ensure an appropriate level of investment freedom for PEPP providers. As very long-term investors with low liquidity risks, PEPP providers are in a position to contribute to the development of the CMU by investing in non-liquid assets such as shares and in other instruments that have a long-term economic profile and are not traded on regulated markets, multilateral trading facilities (MTFs) or organised trading facilities (OTFs) within prudent limits. They can also benefit from the advantages of international diversification. Investments in shares in currencies other than those of the liabilities and in other instruments that have a long-term economic profile and are not traded on regulated markets, MTFs or OTFs should therefore not be restricted, in line with the prudent person rule so as to protect the interest of PEPP saveinvestors and PEPP beneficiaries, except on prudential grounds.
Amendment 130 #
2017/0143(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In view of the long-term retirement objective of the PEPP, the investment options granted to the PEPP savers should be framed, covering the elements which allow investors to make an investment decision, including the number of investment options they can choose from. After the initial choice made upon the subscription of a PEPP, the PEPP saver should have the possibility to modify this choice at reasonable intervals (every five years), so that sufficient stability is offered to providers for their long-term investment strategy whilst at the same time investor protection is ensured.
Amendment 133 #
2017/0143(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 136 #
2017/0143(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The competent authority should exercise its powers having as its prime objectives the protection of the rights of PEPP saveinvestors and PEPP beneficiaries and the stability and soundness of PEPP providers.
Amendment 137 #
2017/0143(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Transparency of costs and fees is essential to develop PEPP saveinvestors' trust and allow them to make informed choices. Accordingly, the use of non-transparent pricing methods should be prohibited.
Amendment 139 #
2017/0143(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 141 #
2017/0143(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 146 #
2017/0143(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP saveinvestors should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe procedure.
Amendment 148 #
2017/0143(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The switching process should be straightforward for the PEPP saveinvestor. Accordingly, the receiving PEPP provider should be responsible for initiating and managing the process on behalf of the PEPP saveinvestor. PEPP providers should be able to use additional means, such as a technical solution, on a voluntary basis when establishing the switching service.
Amendment 149 #
2017/0143(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Before giving the authorisation for switching, the PEPP saveinvestor should be informed of all the steps of the procedure necessary to complete the switching.
Amendment 150 #
2017/0143(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In order to facilitate cross-border switching, the PEPP saveinvestor should be allowed to ask the new PEPP provider to provide the PEPP saveinvestor with information giving details of the new PEPP account, preferably within a single meeting with the new PEPP provider.
Amendment 151 #
2017/0143(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) PEPP saveinvestors should not be subject to financial losses, including charges and interest, caused by any mistakes made by either of the PEPP providers involved in the switching process. In particular, PEPP saveinvestors should not bear any financial loss deriving from the payment of additional fees, interest or other charges as well as fines, penalties or any other type of financial detriment due to delay in the execution of the switching.
Amendment 152 #
2017/0143(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) PEPP saveinvestors should be given the freedom to decide upon subscription of a PEPP about their pay-out choice (annuities, lump sum, or other) in the decumulation phase, but with a possibility to revise their choice once every five years thereafter, in order to be able to best adapt their pay-out choice to their needs when they near retirement.
Amendment 153 #
2017/0143(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) PEPP providers should be allowed to make available to PEPP saveinvestors a wide range of decumulation options. This approach would achieve the goal of enhanced take-up of the PEPP through increased flexibility and choice for PEPP saveinvestors. It would allow providers to design their PEPPs in the most cost- effective way. It is coherent with other EU policies and politically feasible, as it preserves enough flexibility for Member States to decide about which decumulation options they wish to encourage.
Amendment 156 #
2017/0143(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to detect potential breaches, the competent authorities should have the necessary investigatory powers, and should establish effective mechanisms, to enable reporting of potential or actual breaches. It would also be necessary to introduce cross-border collective redress mechanisms.
Amendment 160 #
2017/0143(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) This Regulation should not be understood as obliging Member States to apply to PEPPs the same tax rules as they would apply to comparable personal pension products under their national laws. However, in application of the national treatment principle, stemming from Articles 21 and 45 of the TFEU and interpreted by the Court of Justice of the European Union, it should be possible for a PEPP that is objectively comparable to a personal pension product (PPP) distributed in a given Member State to benefit from the same tax relief granted to the PPP in this Member State, if the PEPP saveinvestor there is subject to tax. This also applies if the PEPP is provided by a provider from another Member State.
Amendment 173 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) has an explicit retirement objectivecould be a supplementary private pension product linked to first and second-pillar pensions while nevertheless excluding the large majority of workers;
Amendment 174 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d a (new)
Article 2 – paragraph 1 – point 1 – point d a (new)
(da) is a product of questionable security, given its reliance on stock market performances, which may or may not guarantee the issue thereof;
Amendment 177 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "pan-European Personal Pension Product (PEPP)" means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saveinvestor in view of retirement, with no or strictly limited redeemability;
Amendment 179 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) "“PEPP saveinvestor" means: (This amendment applies throughout the text.)
Amendment 187 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) "Supplementary PEPP retirement benefits" means private benefits paid by reference to reaching,yable subject to returns orn the expectation of reaching, retirement.investment made under the Regulation; These benefits may take the form of payments for life, payments made for a temporary period, a lump sum, or any combination thereof;
Amendment 203 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) "“compartment" means a section which is opened within each individual PEPP account and which corresponds to the legal requirements and conditions for using incentives fixed at national level for investing in a PEPP by the Member State of the PEPP saver'investor’s domicile. Accordingly, an individual may be a PEPP saveinvestor or a PEPP beneficiary in each compartment, depending on the respective legal requirements for the accumulation and decumulation phases;
Amendment 207 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) "default investment option" means an investment strategy applied when the PEPP saveinvestor has not provided instructions on how to invest the funds accumulating in his PEPP account;
Amendment 211 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) "PEPP customer" means a PEPP saveinvestor, a prospective PEPP saveinvestor and/or a PEPP beneficiary.
Amendment 214 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) "Biometric risks” means risks associated with longevity, disability and death.
Amendment 218 #
2017/0143(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) where authorised by this Regulation, the provisions of the contract for the provision of a PEPP concluded between a PEPP saveinvestor and a PEPP provider,
Amendment 232 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 237 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 239 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 243 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) information on standard contract terms to be proposed to PEPP saveinvestors;
Amendment 284 #
2017/0143(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The portability service allows PEPP saveinvestors to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State.
Amendment 285 #
2017/0143(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In case of using the portability service, PEPP saveinvestors are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP.
Amendment 288 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. PEPP providers shall provide the portability service to PEPP saveinvestors holding a PEPP account with them and requesting this service.
Amendment 291 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP saveinvestors with information on which national compartments are immediately available.
Amendment 299 #
2017/0143(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Without prejudice to the deadline under Article 13(3), PEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saveinvestor moves.
Amendment 303 #
2017/0143(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Not later than three months following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saveinvestor with complete information free of charge and advice under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment.
Amendment 318 #
2017/0143(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored, as well as on hard copy, irrespective of whether or not the investor has requested it. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium.
Amendment 323 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Before a PEPP is proposed to PEPP saveinvestors, the PEPP provider shall draw up for that product a PEPP key information document in accordance with the requirements of this Chapter and shall publish the document on its website.
Amendment 324 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The key information document shall contain a detailed breakdown of : – costs to the investor expressed as a percentage and total amount; – shall be issued in all EU languages; – shall be simple, accessible and comprehensible even to those without financial expertise; – shall be usable by those with impaired vision or hearing or other disabilities; – shall be made available electronically or on hard copy, whether or not this has been requested by the investor; – shall give a detailed breakdown of all investment risks assumed by the investor; – shall indicate the financial investment products with which the product in question may be linked.
Amendment 359 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP saveinvestors with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information.
Amendment 362 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Potential PEPP saveinvestors shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of five years, or, where the scheme has been operating for fewer than five years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP saveinvestors and PEPP beneficiaries.
Amendment 370 #
2017/0143(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 381 #
Amendment 395 #
2017/0143(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. In addition, the PEPP saveinvestor shall be kept informed throughout the term of the contract of any change concerning the following information:
Amendment 397 #
2017/0143(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The concise personalised document shall also set out clearly and conspicuously the product purchase and investment costs incurred by the investor. These shall be indicated on the first page in bold type. (a) entry fee (b) administrative costs, (c) investment management costs.
Amendment 400 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall include, at least, the following key information for PEPP saveinvestors:
Amendment 402 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saveinvestor, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;
Amendment 430 #
2017/0143(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
Amendment 436 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. All investment options shall be designed by PEPP providers on the basis of proven risk-mitigation techniques which shall ensure sufficient protection for PEPP savers.
Amendment 438 #
2017/0143(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The PEPP saveinvestor shall opt for an investment option upon conclusion of the PEPP contract.
Amendment 440 #
2017/0143(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The PEPP investor saver shall be able to opt for a different investment option once every five years of accumulation in the PEPP.
Amendment 443 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The default investment option shallproduct must ensure capital protection for the PEPP saver, on the basis of a risk- mitigation technique that must results in a safe investment strategy.
Amendment 447 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Capital protection shall allow the PEPP saver to recoup the depreciated capital invested.
Amendment 448 #
2017/0143(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 452 #
2017/0143(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 456 #
2017/0143(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 459 #
2017/0143(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
PEPP providers shall provide a switching service transferring, upon a request of the PEPP saver, any positive balance from a PEPP account held by the investor with the transferring provider to a new PEPP account opened with the receiving provider, with closing the former PEPP account.
Amendment 462 #
2017/0143(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The PEPP saveinvestor may switch PEPP providers no more frequently than once every five years after conclusion of the PEPP contract.
Amendment 465 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 4 – point b
Article 46 – paragraph 4 – point b
(b) where the transferring PEPP provider does not provide a system for automated redirection of the incoming payments to the PEPP account opened by the PEPP saver with the receiving PEPP provider, stop accepting incoming payments on the PEPP account with effect from the date specified in the authorisation. Member States may require the transferring PEPP provider to inform the PEPP saveinvestor of the reason for not accepting the incoming payments;
Amendment 466 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 4 – point c
Article 46 – paragraph 4 – point c
(fc) transfer the remaining positive balance from the PEPP account to the new PEPP account opened by the investor with the receiving PEPP provider on the date specified in the authorisation;
Amendment 467 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 4 – point d
Article 46 – paragraph 4 – point d
(d) close the PEPP account on the date specified in the authorisation if the PEPP saveinvestor has no outstanding obligations on that PEPP account and provided that the actions listed in points (a), (b) and (c) of this paragraph have been completed. The PEPP provider shall immediately inform the PEPP saveinvestor where such outstanding obligations prevent the PEPP saver’s account from being closed.
Amendment 468 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 5 – subparagraph 1 – introductory part
Article 46 – paragraph 5 – subparagraph 1 – introductory part
Within five working days of receipt of the information requested from the transferring PEPP provider as referred to in paragraph 3, the receiving PEPP provider shall, as and if provided for in the authorisation and to the extent that the information provided by the transferring PEPP provider or the PEPP saveinvestor enables the receiving PEPP provider to do so, carry out the following tasks:
Amendment 469 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 5 – subparagraph 1 – point β
Article 46 – paragraph 5 – subparagraph 1 – point β
(b) inform payers specified in the authorisation of the details of the PEPP saver’s PEPP account with the receiving PEPP provider and transmit to the payers a copy of the PEPP saver’sinvestor authorisation.
Amendment 470 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 5 – subparagraph 2
Article 46 – paragraph 5 – subparagraph 2
If the receiving PEPP provider does not have all the information it needs to inform the payers as referred to in point (b) of the first subparagraph, it shall ask the PEPP saveinvestor or the transferring PEPP provider to provide the missing information.
Amendment 471 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 5 – subparagraph 3
Article 46 – paragraph 5 – subparagraph 3
Where the PEPP saveinvestor chooses to personally provide the information referred to in point (b) of the first subparagraph to the payers rather than provide specific consent in accordance with paragraph 2 to the receiving PEPP provider to do so, the receiving PEPP provider shall provide the PEPP saver with standard letters providing details of the PEPP account and the starting date specified in the authorisation within the deadline referred to in the first subparagraph.
Amendment 472 #
2017/0143(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where a PEPP saveinvestor indicates to his PEPP provider that he wishes to open a PEPP account with a PEPP provider located in the same or another Member State, the PEPP provider with which the PEPP saveinvestor holds a PEPP account shall on receipt of such request provide the following assistance to the PEPP saveinvestor:
Amendment 473 #
2017/0143(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(a) provide the PEPP saveinvestor free of charge with available information about recurring incoming payments to the PEPP saveinvestor’s PEPP account in the previous 13 months;
Amendment 474 #
2017/0143(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) transfer the positive balance remaining on the PEPP account held by the PEPP saveinvestor to the PEPP account opened by the PEPP saveinvestor with the receiving PEPP provider, provided that the request includes full details allowing the receiving PEPP provider and the PEPP saveinvestor’s PEPP account to be identified;
Amendment 475 #
2017/0143(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. If the PEPP saveinvestor has no outstanding obligations on the PEPP account, the PEPP provider with which the PEPP saveinvestor holds that PEPP account shall provide assistance referred to in points (a), (b) and (c) of paragraph 1 of this Article on the date specified by the PEPP saveinvestor, which shall be at least six business days after that PEPP provider receives the PEPP saver’s request unless otherwise agreed between the parties. The PEPP provider shall immediately inform the PEPP saveinvestor where outstanding obligations prevent his PEPP account from being closed.
Amendment 476 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. PEPP saveinvestors shall be able to access free of charge their personal information held either by the transferring or by the receiving PEPP provider.
Amendment 477 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The transferring PEPP provider shall provide the information requested by the receiving PEPP provider pursuant to point (a) of Article 46(4) without charging the PEPP saveinvestor or the receiving PEPP provider.
Amendment 480 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The total fees and charges applied by the transferring PEPP provider to the PEPP saveinvestor for the closure of the PEPP account held with it shall be limited to no more than 1,5 % of the positive balance to be transferred to the receiving PEPP provider.
Amendment 483 #
2017/0143(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. In accordance with Article 3, the PEPP conditions related to the decumulation phase shall be determined by Member States unless they are specified in this Regulation; however, the conditions most favourable to the investor must in any case apply.
Amendment 484 #
2017/0143(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 489 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The choice of the form of out- payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five year12 months thereafter during the accumulation phase, if applicable.
Amendment 497 #
2017/0143(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. EIOPA and the competent authority of the PEPP provider shall cooperate with each other and exchange information for the purpose of carrying out their duties under this Regulation. The competent authorities must cooperate with them and with the European institutions.
Amendment 503 #
2017/0143(COD)
Proposal for a regulation
Article 62
Article 62
Amendment 19 #
2017/0085(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,
Amendment 22 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and womenGender equality is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, under Title III of the Charter of Fundamental Rights of the European Union everyone is equal before the law and moreover Articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas, including employment, work and pay.
Amendment 26 #
2017/0085(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 33 #
2017/0085(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.
Amendment 36 #
2017/0085(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 36 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and womenGender equality is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims. Similarly, Article 23under Title III of the Charter of Fundamental Rights of the European Union requires equality between women and men, everyone is equal before the law and moreover Articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas, including employment, work and pay.
Amendment 37 #
2017/0085(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 38 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payension. Such policies should take into account demographic changes including the effects of an ageing population.also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account the cost of a lower female employment rate in terms of EU’s GDP1a, demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature. Particular attention needs to be given to the labour market participation of vulnerable categories of women, such as single parents, women with a disability, women with a migrant background and women from ethnic minorities. __________________ 1aEurofound (2016), The gender employment gap: Challenges and solutions - Executive summary. European Union publication, Luxemburg. Recovered: https://www.eurofound.europa.eu/publicat ions/executive- summary/2016/labour- market/the-gender-employment-gap- challenges-and-solutions-executive- summary
Amendment 45 #
2017/0085(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.
Amendment 47 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing populationearnings, pay and pension. These policies should also focus on combatting gender stereotypes by introducing initiatives that allow for care responsibilities to be redistributed in a more fair and more equal way. Such policies should take into account demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature. Particular attention needs to be given to the labour market participation of vulnerable categories of women, such as single parents, women with a disability, women with a migrant background and women from ethnic minorities.
Amendment 58 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilitietasks. Having an ill relative or dependeant relativewith care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely with the subsequent harmful repercussions on their social security entitlements, in particular pensions and an increased risk of poverty and social exclusion, especially during old age.
Amendment 65 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of fully paid paternity and parental leave in many Member States contributes to the low take- up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexiemployee-oriented adaptable working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, researches1a shows that take-up rates among parents depend on many intertwined factors. Such factors include: a) information about the type(s) of leave available; b) leave(s) compensation and pay disparities; c) availability of childcare facilities; d) prevailing family organisation models; e) and the extent to which workers fear isolation from the labour market when taking leave. __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).
Amendment 73 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 75 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexiadaptable working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, researches 1a shows that take-up rates among parents depend on many inter twined factors. Such factors include: (a) information about the type (s) of leave available; (b) leave (s) compensation and pay disparities; (c) availability of childcare facilities; (d) prevailing family organisation models; (e) and the extent to which workers fear isolation from the labour market when taking leave; __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).
Amendment 84 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A recast of Directives related to maternity, paternity and parental leave in case of birth or adoption remains crucial to workers’ achieving work-life balance, equal access to the labour market and co-responsibility between men and women in caring.
Amendment 85 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexiadaptable working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.
Amendment 87 #
2017/0085(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The availability of and access to high-quality, adequate and public early childhood education and care for other dependent persons and high-quality social services has proven to be a crucial aspect to work-life balance policies and allow women to fully participate in employment. However there is currently a lack of sufficient infrastructure offering quality and accessible public childcare for all. Investment in community-based, high- quality, accessible and public care should therefore be a priority. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care professional workers, including decent pay and the recognition of these workers’ status.
Amendment 93 #
2017/0085(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Investing in community–based public services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 99 #
2017/0085(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers’ leavleave for workers informally providing care and to flexiadaptable working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union.
Amendment 101 #
2017/0085(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, and parental and carers' leave and to flexileaves and leave for workers informally providing care and to employee-oriented adaptable working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union.
Amendment 110 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency including atypical workers, domestic workers and people engaged in an activity in a self- employed capacity.
Amendment 121 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 132 #
2017/0085(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other. Ensuring that some parental leave is exclusively available for men prompts fathers to take it, thus promoting fatherhood, especially if the father’s partner is not on leave at the same time. It also promotes and facilitates mothers’ reintegration to work after maternity and parental leave. Creating conditions for a more balanced distribution of the responsibilities of care between both parents certainly contributes to an increase in the participation of men and women in employment.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union
Amendment 136 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibilityadaptability of working arrangements makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexibleadaptable working arrangement forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexibladaptable worktime forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 140 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility forensure that parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under objective and justified circumstances in accordance with national law and collective agreements. In such cases, the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing. Given that employee-oriented adaptable working arrangements makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request forin other employee-oriented working arrangement forms. It should be up to national law and collective agreements to define the conditions for taking parental leave in other flexible formarrangements than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationchallenging situations including with regard to children with disabilities, mental health problems, serious medical conditions or illness.
Amendment 157 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain contact during the period of leave and maymay request voluntarily to maintain a certain level of contact during the period of leave -without prejudice, however to the worker’s right to disconnect and to fully enjoy the leave without any contact if desired. Contact between workers and employers should not result in any burden or distress particularly for workers and family members and should facilitate the makeing arrangements for any appropriate reintegration measures, to be decided on a voluntary basis between the parties concerned, taking into account national law, collective agreements and practice .
Amendment 163 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sickfully paid (100% of their gross salary) leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare and pension schemes.
Amendment 166 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for women and women carrying of children, elderly family member and/or other relatives or dependant in need of care, workers with a seriously ill or dependant relative or support due to old age, a medical reason, a chronic illness, a disability or mental health problem, workers should have the right to take time off from work in the form of carers' leavleave for workers informally providing care to take care of that relativeperson. To prevent abuse of that right, proof of the serious illness or dependencyneed of care or support may be required prior to granting of the leave while protecting at all times the privacy and personal data of both the worker and the person in need of care.
Amendment 176 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexibleadaptable to their needs working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexiadaptable working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexiadaptable working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexibleadaptable to their needs working arrangements should lie with the employer, who in case of refusal shall in writing adequately justify the refusal and its grounds and furthermore provide alternative options for working arrangements. Specific circumstances underlying the need for flexiadaptable working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 177 #
2017/0085(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to better protect those workers taking breaks from employment to provide informal care, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension right;
Amendment 180 #
2017/0085(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In addition to the right to carers' leavleave for workers informally providing care provided for in this Directive, all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.
Amendment 185 #
2017/0085(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexibleadaptable to their needs working arrangements should be protected against discrimination or any less favourable treatment on that ground.
Amendment 188 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowancefully paid (100% of their gross salary) while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveequal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare and pension schemes.
Amendment 191 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexiadaptable working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexiadaptable working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 195 #
2017/0085(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexiadaptable working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 197 #
2017/0085(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function.
Amendment 200 #
2017/0085(COD)
Proposal for a directive
Recital 27
Recital 27
(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers’ bodies, social care and children’s rights and care bodies should also be competent in the areas covered in this Directive.
Amendment 205 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexiemployee-oriented adaptable working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexiadaptable working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and the work organization capacity of employers, it should be possible for Member States to limit the duration of flexiemployee-oriented adaptable working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours maystill a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to life instability, lower social security contributions translating intoand reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexibleadaptable to their needs working arrangements should lie with the employer, who in case of refusal shall adequately justify in writing the refusal and its grounds and furthermore provide alternative options for working arrangements. Specific circumstances underlying the need for flexiemployee-oriented adaptable working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 205 #
2017/0085(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus givallowing the Member States the option ofo introducinge or maintaining more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislation, national legislation and collective agreements in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 216 #
2017/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) Flexiadaptable working arrangements for workingers parentsing and car/or informally providing care to dependent family members.
Amendment 218 #
2017/0085(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexiemployee-oriented adaptable working arrangements should be protected against discrimination or any less favourable treatment on that ground.
Amendment 221 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship. natural persons, irrespective of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and nationality, who - in accordance with objective criteria defining the status of a worker (e.g. law, collective agreement and/or practices in force in each Member State), and as showcased in several CJEU cases, performs services of some economic value for and under the direction of another person, services in return for which remuneration is received.
Amendment 222 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexiemployee-oriented adaptable working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexiemployee-oriented adaptable working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 231 #
2017/0085(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexiemployee- oriented adaptable working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 232 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) “paternity leave” means fully paid and mandatory to take leave from work for fathers to be taken on the occasion of the birth of a childr adoption of a child or having a child through a surrogacy arrangement. This right shall be enjoyed by fathers or a second parent, spouse or partner as defined by national family law;
Amendment 235 #
2017/0085(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.
Amendment 237 #
2017/0085(COD)
Proposal for a directive
Recital 27
Recital 27
(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers' bodies, social care and children's rights and care bodies should also be competent in the areas covered in this Directive.
Amendment 242 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a childr having a child through a surrogacy arrangement, in order for the parent to take care of that child;
Amendment 245 #
2017/0085(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus givobliging the Member States the option of introducing or maintainingo maintain and encouraging them to introduce more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislation, national legislation and collective agreements in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 251 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “informal carer” means a worker informally providing personal care or support in case of a serious illness or dependency of a relative; , chronic illness, disability, age related impairment or illness, mental illness or dependency of a relative or a person in their immediate circle; this type of care is provided outside a professional or formal employment framework;
Amendment 254 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order toprovide guidance and advice on SMEs in order to successfully implement the Directive while ensuring make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden.
Amendment 263 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative” means a worker’s son, daughter, mother, fatherfirst degree relatives (e.g. sibling, son, daughter, mother, father), second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law, step - and foster children, both in the own and in the spouse’s or partner’s family;
Amendment 267 #
2017/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) flexiemployee-oriented adaptable working arrangements for workingers parentsing and car/or informally providing care to dependent family members.
Amendment 270 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationshipnatural persons, irrespective of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and nationality, who -in accordance with objective criteria defining the status of a worker (e.g. law, collective agreement and/or practices in force in each Member State), and as showcased in several CJEU cases, performs services of some economic value for and under the direction of another person; services for which remuneration is received in return.
Amendment 272 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive.
Amendment 274 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the individual to fully participate in the societal and economic life;
Amendment 283 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means leave from work for fathersfully paid and mandatory to take leave from work for fathers or an equivalent second parent as defined in national law to be taken onaround the occasion of the birth, stillbirth or adoption of a child;
Amendment 286 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexiadaptable working time arrangements” means the possibility for workers to adjusapt their working time patterns, including through the use of remote working arrangements, flexiadjustable working schedules, or a reduction in working hours.
Amendment 291 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers or an equivalent - according to the national law- second parent or partner have the right to take fully paid paternity leave of at least ten working days on the occasion of the birth or adoption of a child or through surrogacy become parent of a child.
Amendment 296 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means fully paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 307 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 309 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "informal carer" means a worker informally providing personal care or support in case of a serious illness or dependency of a relativen illness, chronic illness, disability, age related impairment or illness, mental illness or dependency of a relative or a person in their immediate circle; this type of care is provided outside a professional or formal employment framework;
Amendment 317 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 321 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. In order to allow for the single-parent to return to the labour market and not become socially and economically marginalised, the single parent shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 323 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. In order to allow for parents with disabilities to return to the labour market and not become socially and economically marginalised, parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 326 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States’ national laws foresee parental leave of more than 4 months, which is the minimum duration set by this Directive, the Member States may allow one parent to transfer their parental leave entitlement to the other parent, they or to a designated third party, but shall ensure that at least four months of paid parental leave cannot be transferred.
Amendment 330 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means at least a worker's first-degree relative (son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national lawibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;
Amendment 333 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker’s request specifies the intended beginning and end of the period of leave.
Amendment 337 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 340 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive;
Amendment 341 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the person to participate fully in society;
Amendment 344 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 344 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to once postpone the granting of parental leave by a reasonable period ofperiod of three months maximum time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 351 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employersadaptable to their needs forms. Employers, acting in accordance to the national legislation and collective agreements, shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 354 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexiemployee-oriented adaptable working arrangements” means the possibility for workers to adjust their working time patterns on a voluntary basis, including through the use of remote working arrangements, flexiadjustable working schedules, or a reduction in working hours.
Amendment 355 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disabilitythrough surrogacy, parents having a disability and/or mental health problems and parents with children with a disability or, long-term illness and/or mental health problems.
Amendment 361 #
2017/0085(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 363 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least fivetwelve (12) working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativ who informally provides care to relatives and/or other dependent persons. Such right may be subject to appropriate substantiation of the needs for care of the worker's relative and/or other dependent persons. The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 373 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to takeor an equivalent second parent or partner as defined in national law have mandatory paternity leave of at least ten working days onaround the occasion of the birth, stillbirth or adoption of a child.
Amendment 385 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a full payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 387 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 393 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoptive parents, parents with disabilities, parents with mental health problems, parents with children with a disability or with a mental health problem.
Amendment 393 #
Amendment 394 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carerworkers who informally provide care to relatives and/or dependent persons, have the right to request flexiadaptable working arrangements for caring purposes. The duration of such flexibleadaptable working arrangements shall be reversible, worker friendly and applicable to all forms of contracts. The duration of such adaptable to the worker's needs working arrangements may be subject to a reasonable limitation.
Amendment 401 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request. Employers shall consider and respond in writing to requests adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.
Amendment 412 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. Single parents, as defined by national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party of their choice;
Amendment 413 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. Parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 415 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexiadaptable working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests in writing, taking into account the needs of both employers and workers.
Amendment 427 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 427 #
2017/0085(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 431 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexiadaptable working arrangements referred to in Article 9.
Amendment 434 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 436 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexiadaptable working arrangements referred to in Article 9.
Amendment 444 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed once to postpone the granting of parental leave by a reasonable period of timeperiod of three months maximum on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 447 #
2017/0085(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide carers, without gender discrimination on grounds of sex areare also competent for issues falling within the scope of this Directive. These national bodies shall also be competent for issues falling withinin monitoring the implementation of this Directive on national level and provide gender disaggregated data to EIGE in order to allow for the scproper monitoring and assessment of this Directive's application.
Amendment 451 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to requestdemand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employersadaptable to their needs forms. Employers, acting in accordance with the national legislation and collective agreements, shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.
Amendment 459 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forneeded to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents havingwith a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.
Amendment 460 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 467 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility to recast the Directives on maternity, paternity, parental and informal carers´ leaves into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of child birth or adoption or having child after surrogacy;
Amendment 470 #
2017/0085(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 473 #
2017/0085(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Non Regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive shall not affect the application of collective agreements introducing more favourable to workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.
Amendment 479 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers'non-transferable leave of at least fitwelve working days per year, per worker who informally provides care to relatives and/or other dependent persons. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativesupport needs of the person requiring such support.
Amendment 493 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 501 #
2017/0085(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 504 #
2017/0085(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 508 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leavf 100% of the worker’s gross wage.
Amendment 529 #
2017/0085(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 533 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carerworkers who informally provide care to relatives and/or dependent persons, have the right to request flexiemployee-oriented adaptable working arrangements for caring purposes. The duration of such flexiemployee-oriented adaptable working arrangements shall be reversible, worker friendly and applicable to all forms of contracts. The duration of such employee- oriented adaptable working arrangements may be subject to a reasonable limitation.
Amendment 552 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexiemployee-oriented adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.
Amendment 563 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexiemployee-oriented adaptable working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies requested. Employers shall be obliged to consider and respond to such requests in writing, taking into account the needs of both employers and workers.
Amendment 569 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements needed to make sure the application of employee-oriented adaptable worktime arrangements are adjusted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems.
Amendment 589 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 591 #
2017/0085(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Collective agreements and bargaining Social partners play an important role in establishing (or improving) provisions for work life balance measures, among other parental and paternity leaves through collective agreements. Collective agreements can function as guidance or reinforcement of existing national-level policies and support the implementation of initiatives that promote gender equality in employment and work-life balance.
Amendment 595 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexiemployee-oriented adaptable working arrangements referred to in Article 9.
Amendment 610 #
2017/0085(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexiemployee-oriented adaptable working arrangements referred to in Article 9.
Amendment 627 #
Amendment 629 #
2017/0085(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties and compensation for damages applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They mayshall take the form of a fine. They may also comprise payment of compensation.
Amendment 632 #
2017/0085(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide carers without gender discrimination on grounds of sex areare also competent for issues falling within the scope of this Directive. These national bodies shall also be competent for issues falling withinin monitoring the implementation of this Directive on national level and provide gender disaggregated data to EIGE in order to allow for the scproper monitoring and assessment of this Directive's application.
Amendment 641 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least four months of parental leave remain non-transferable in accordance with Article 5(2) while progressively guarantee the non-transferability of leaves in accordance with the principle of individual social entitlements.
Amendment 657 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 660 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility of recasting the Directives on maternity, paternity, parental and informal carer’s leave into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of childbirth or adoption;
Amendment 662 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 670 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 673 #
2017/0085(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Non-regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive is without prejudice affecting any application of more favourable collective agreements that improve workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.
Amendment 13 #
2016/2308(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Turkey not having implemented for the eleventh consecutive year the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto; this refusal continues to have a profound negative effect on the negotiation process,
Amendment 14 #
2016/2308(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the fact that the basis for accession to the EU for Turkey is the full compliance with the Copenhagen criteria and the EU's integration capacity, in accordance with the conclusions of the December 2006 European Council meeting,
Amendment 17 #
2016/2308(INI)
Amendment 57 #
2016/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines, however, that measures taken under the state of emergency had large-scale, disproportionate and long- lasting negative effects on the protection of fundamental freedoms in the country; condemns the collective dismissal of civil servants, the mass liquidation of media outlets, the arrests of journalists, academics, judges, human rights defenders, elected officials and ordinary citizens, and the confiscation of property and passports on the basis of emergency decree laws without individualised decisions, and without the possibility of timely judicial review; calls for the immediate and unconditional release of all political prisoners held without proof of individual involvement in committing crime or without any charges presented against them;
Amendment 63 #
2016/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines, however, that measures taken under the state of emergency had large-scale, disproportionate and long- lasting negative effects on the protection of fundamental freedoms in the country; condemns the collective dismissal of civil servants, the mass liquidation of media outlets, the arrests of journalists, academics, judges, human rights defenders, elected officials and ordinary citizens (over 48 000 according to recent Ministry of Justice figures), and the confiscation of property and passports on the basis of emergency decree laws without individualised decisions, and without the possibility of timely judicial review;
Amendment 99 #
2016/2308(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the outcome of the referendum that took place on 16 April 2017, held under the state of emergency and in circumstances that prevented a fair campaign, as noted, in particular, by the joint observation mission undertaken by the OSCE and the Council of Europe; supports an independent evaluation of all claims regarding irregularities; notes the remarks of the Venice Commission on the constitutional reform, and underlines that the proposed constitutional amendments do not respect the fundamental principles of the separation of powers and sufficient checks and balances, and are not in line with the Copenhagen criteria;
Amendment 150 #
2016/2308(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned by the increasingly frequent allegations of torture, in particular in prisons, and calls for the immediate publication of the latest reports by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)1a;
Amendment 151 #
2016/2308(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns strongly the violations of freedom of expression and the serious infringements of media freedom, including the disproportionate bannings of media sites and social media; notes with concern the closure of around 170 media outlets - including almost all Kurdish-language outlets - and the jailing of more than 150 journalists; recalls that a free and pluralistic press is an essential component of any democracy and urges the Turkish government to release all journalists immediately; condemns, furthermore, the repeated blocking of access to social media, in particular the recent blocking of the online encyclopaedia Wikipedia in order to prevent modifications being made to articles about Turkey, and condemns the Turkish courts’ decision to turn down the Wikimedia Foundation’s request for the blocking to stop;
Amendment 174 #
2016/2308(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its serious concern at the continuously deteriorating situation in south-east Turkey, especially in the areas where curfews were imposed, where some 2 000 people were reportedly killed in the context of security operations and an estimated half a million people became displaced in the period from July 2015 to December 2016; notes that local prosecutors have consistently refused to open investigations into the reported killings; recalls that the Turkish Government has a responsibility to protect all people living on its territory, irrespective of their ethnic and cultural origin, religion or beliefs; is convinced that only a fair political settlement of the Kurdish question can bring sustainable stability and prosperity both to the area and to Turkey as a whole; notes that a series of laws have created an atmosphere of ‘systematic impunity’ for the security forces; regrets the decision of the Turkish Parliament to waive the immunity of a large number of MPs unconstitutionally, paving the way for the arrests of opposition politicians;
Amendment 220 #
2016/2308(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the deepening ofNotes that there has not been much progress in the EU- Turkey relations in key areas of joint interest, such as counter-terrorism, migration, energy, the economy and trade; believes EU-Turkey coopbelieves EU- Turkey cooperation in key areas can be an investment in the stability and prosperity of both Turkey and the EU; insists that the Turkish government has to revise in line with Internation in these areas to be an investment in the stability and prosperity of both Turkey and the EUal and European Law the legal framework as regards organised crime and terrorism in order to ensure the freedom and fundamental rights, notably the right to fair trial and freedom of expression, of assembly and association in practice;
Amendment 237 #
2016/2308(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that strengthening trade relations could bring concrete benefits to citizens in Turkey and the EU, and therefore supports the Commission’s proposal to start negotiations on the upgrading of the Customs Union; reiterates that the EU is Turkey’s main trading partner and tha can be contemplated provided that Turkey proceeds first two thirds of Foreign Direct Investment (FDI) in Turkey comes from EU Member States; ce full and indiscriminate implementation of its obligationsi ders the involvement of social partners in negotiations as crucialiving from the current Customs Union Agreement between EU- Turkey; calls on the Commission to include political benchmarks on human rights and fundamental freedoms inonce the negotiations for the upgraded Customs Union begin;
Amendment 250 #
2016/2308(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores Turkey´s refusal to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-à-vis all member states, the Republic of Cyprus in particular; reiterates that Turkey's refusal to normalize its relations with all EU Member States has started having a negative impact on its relations with the EU, including its accession process;
Amendment 263 #
2016/2308(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that visa liberalisation is important for the Turkish population and will enhance people-to-people contacts; encourages the Turkish Government to comply with the final outstanding criteria, including revision of its anti-terrorism legislation and to fully and in a non- discriminatory manner meet all the criteria identified in the visa liberalisation roadmap towards all Member States;
Amendment 324 #
2016/2308(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns strongly the recent statements by President Erdogan accusing some EU leaders of ‘Nazi practices’ and warns that the continuation of such unwarranted statements undermines Turkey’s credibility as a political partner; notes with concern the reports of alleged pressure on members of the Turkish diaspora living in the Member States, and condemns the Turkish authorities’ surveillance of citizens with dual nationality living abroad; is concerned at the revocation of a large number of passports, leaving people stateless in contravention of the UN's 1954 Convention relating to the Status of Stateless Persons and its 1961 Convention on the Reduction of Statelessness;
Amendment 334 #
2016/2308(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls upon the Turkish Government to halt its plans for the construction of the Akkuyuy nuclear power plant; points out that the envisaged site is located in a region prone to severe earthquakes, hence posing a major threat not only to Turkey but to the Mediterranean region; accordingly, requests that the Turkish Government join the Espoo Convention, which commits parties to notifying and consulting each other on major projects under consideration that are likely to have a significant adverse environmental impact across boundaries; to this end, asks the Turkish Government to involve, or at least consult, the governments of its neighbouring countries, such as Greece and Cyprus, during any further developments in the Akkuyu venture;
Amendment 355 #
2016/2308(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that a settlement of the Cyprus problem would have a positive impact on the entire region, while first and foremost benefiting both Greek Cypriots and Turkish Cypriots; praises the leaders of the Greek Cypriot and Turkish Cypriot communities in Cyprus for having achieved major progress in the settlement talks; welcomes the exchange of preferred maps, thus far unprecedented, and the first international conferenceConference on Cyprus held with the guarantor powers; supports the settlement based on a bi- communal, bi-zonal federation with political equality, in line with the relevant UN Security Council resolutions, a single international legal personality, single sovereignty and single citizenship with political equality between the two communities, in line with the relevant UN Security Council resolutions and on the basis of respect for international law and the principles on which the Union is founded; welcomes the intensified engagement by the parties to achieve the settlement of the Cyprus problem; expects Turkey to show active support for the negotiations, and reiterates that Turkey’s commitment and contribution to a comprehensive settlement remain crucial; praises the important work of the Committee on Missing Persons (CMP), and calls on Turkey to allow access to all relevant sites and to assist the CMP by providing information from its military archivemilitary zones for exhumation and to assist the CMP to the discovery of relocated and other remains by providing all relevant information from its military archives; welcomes, in this respect, the appointment of EP standing rapporteur on missing persons;
Amendment 372 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on Turkey to immediately withdraw its troops from Cyprus and to transfer Varosha to its lawful inhabitants in accordance with UNSC Resolution 550(1984);
Amendment 375 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which has been signed and ratified by the EU, the 28 Member States and all other candidate countries and forms part of the acquis in line with December 2015 Council Conclusions and other relevant Council Conclusions; also condemns all the provoking actions of Turkey within the EEZ of the Republic of Cyprus which are a source of instability and calls on Turkey to terminate them; it recalls that Ankara must respect the sovereign rights of all EU Member States and to refrain from any action damaging good neighbourly relations while at the same time respecting the principle of peaceful settlement of disputes;
Amendment 384 #
2016/2308(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Deplores Turkey's policy of illegal settlement and calls on Turkey to refrain from further settlement of Turkish citizens in the occupied areas of Cyprus, which is contrary to the Geneva Convention and the principles of international law; urges Turkey to revoke relevant threats and terminate all actions aiming to alter the demographic balance on the island thus impeding a future solution;
Amendment 70 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas increases in employment rates mask the insufficient and socially inadequate response to the economic crisis, promoting precarious forms of employment such as zero-hour contracts, bogus self-employment, unpaid work and involuntary part-time jobs, which do not provide workers with either a decent living or full labour rights;
Amendment 71 #
2016/2221(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas EU indifference to the problem of precarious employment is alienating even more of its citizens;
Amendment 139 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 3 a (new)
Paragraph 2 – indent 3 a (new)
- remuneration delayed or non- existent (unpaid work);
Amendment 202 #
2016/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that precarious employment conditions have a long-term effect on social security protection and pensions, resulting from lack of funding and place workers at greater risk of poverty, social exclusion and deterioration of their fundamental rights;
Amendment 252 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, for example by supporting European platform against undeclared work, in line with the ILO Decent Work Agenda and the European Social Charter;
Amendment 304 #
2016/2221(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that that it is inadmissible to call for Member States subject to financial austerity programmes to be exempt from provisions protecting the rights of workers and for such a demand to be accepted by the European institutions;
Amendment 115 #
2016/2095(INI)
Motion for a resolution
Recital Α
Recital Α
Α. whereas the European Union needs a paradigm shift towards a strong European social model based on solidarity, social justice, a fair distribution of wealth, gender equality, a high-quality public education system, quality employment and sustainable growth - a model that ensures good social protection for all, empowers vulnerable groups, enhances participation in civil and political life, and improves the living standards for all citizens, and will confirm the EU’s dedication to the strategic goal of full employment, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 172 #
2016/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that the European Pillar of Social Rights (EPSR) cannot be limited to a declaration of principles or good intentions but must consist of real matter that is specific and binding on all the EU institutions and Member States (legislation, policy-making mechanisms and financial instruments), delivering positive impact on citizens’ lives in the short term and enabling support for European construction in the 21st century by effectively upholding social rights and Treaty objectives, strengthening cohesion and upward convergence, and helping to bring about a socially just and democratically scrutinised completeion of EMU;
Amendment 250 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactment of a directive on fair working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, freedom of association and representation, collective bargaining, collective action, with recognition of their primary role in setting minimum wages, working time and other basic working conditions, access to training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workeremployees in non-standard forms of employment, such as fixed-term work, part-time work, on-demand work, self-employment, crowd-working, internship or traineeship, the basic terms of which must be set within the framework of collective bargaining and general employment law; requests that the EU acquis be updated accordingly so as to apply to all workers;
Amendment 293 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for decisive steps towards legal certainty on what constitutes ‘employment’, also for work intermediated by digital platforms; underlines that open- ended contracts should remain the norm given their importance for socio-economic security; calls on the Member States to commit to specific targets to increase open-ended contracts as a proportion of employment and to reduce precarious forms of employment; calls for the directive on fair working conditions to include relevant minimum standards to be ensured in more precarious forms of employment, in particular:
Amendment 305 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. decent working conditions for internships, traineeships and apprenticeships, prohibiting those that are unpaid or paid so littless thatn they do not enable workers to make ends meet minimum wage;
Amendment 350 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c a (new)
Paragraph 4 – point c a (new)
ca. full working and insurance rights for employees employed under sham self- employment contracts;
Amendment 370 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; calls on the Commission to actively support a wider reach coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of; stresses that it falls under the competence of Member States to determine such wage floors and that the level must be in line with the respective national average wagific socio-economic situation of the Member State;
Amendment 417 #
2016/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of unrestricted exercise of collective rights; expects the Commission to step up concrete support for strengthening social dialogue in Member States and sectors where it is weak owing to the prolonged crisis or the prevalence of non-standard forms of employment; stresses in particular the obligation of the Commission to help restore in full the right to collective autonomy in countries where it has been suspended or abolished following their admission to the support programme;
Amendment 475 #
2016/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the importance of universal access to timely, good-quality and affordable preventative and curative health care; emphasises that all workers, regardless of their terms of employment, must be covered by health insurance;
Amendment 495 #
2016/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is aware that rising life expectancy and workforce shrinking pose a challenge to the sustainability of pensions systems and to intergenerational fairness; reaffirms that the best response is to increase the overall employment rate through a return to, and affirmation of, the EU strategic objective of full employment; considers that pensionable ages should reflect, besides life expectancy, other factors including labour market trends, the economic dependency ratio, the birth rate and differences in job arduousness;
Amendment 550 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework for minimum income schemes; highlights the importance of such schemes for maintaining human dignity as well as their role as a form of social investments enabling people to undertake training and/or look for work; insists, however, on the need to ensure that minimum income schemes do not replace all social protection and welfare benefits that have been secured;
Amendment 565 #
2016/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees that all persons with disabilities must be ensured enabling services and basic income security allowing them a decent standard of living and social inclusion; takes the view that that EU policies to assist persons with disabilities must help them lead independent lives, in line with UN Convention on the Rights of Persons with Disabilities;
Amendment 621 #
2016/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for legislation to ensure that access to social housing or adequate housing benefits are provided for those in need, obviously including homeless people, and that vulnerable people and poor households are protected against eviction; calls for the right to accommodation to be protected from the auctioning of homes for mortgage default by families manifestly unable to make the payments; calls for tax incentives to help young people on low incomes set up their own households; calls for greater use of the EFSI to support urban renewal and affordable housing provision;
Amendment 645 #
2016/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for legislation ensuring fair access for all to good-quality and affordable social services of general interest and other essential services, such as e-communications, energy, transport and financial services; highlights the role of social enterprises and organisations forming part of the social and solidarity- based economy;
Amendment 686 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Is alarmed at the spread of precariousness arising from the excessive use of ‘atypical’ contracts that are being facilitated by not only high unemployment but also statutory labour market deregulation in the Member States; stresses the importance of ensuring sufficient institutional and budgetary capacities to provide adequate protection for people in non-standard forms of employment; considers in particular that:
Amendment 817 #
2016/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that labour mobility within the EU is a right whose exercise must be supported but which should not be forced on workers by poor conditions in their home regions, and should not undermine host countries’ social standards; supports the general principle of ‘equal pay for equal work’, independently of where such work is done within the EU;
Amendment 921 #
2016/2095(INI)
Motion for a resolution
Paragraph 26 – point k (new)
Paragraph 26 – point k (new)
k. the chief indicators of income inequality
Amendment 979 #
2016/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that today’s phenomena of capital-intensive production, high rates of inequality and the continuing rise in ’atypical’ work imply a need to increase the role of general tax revenue in cofinancing social insurance schemes in order to provide decent social protection for all; underlines at the same time the need for taxation to be fair so as to make a fundamental contribution to wealth redistribution in favour of the poorest and most vulnerable;
Amendment 1061 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point a
Paragraph 32 – point a
a. a fund for renewed structural convergence, supporting the implementation of socially just reforms and investments that are necessary for increasing the growth potential of crisis- affected areas, giving absolute priority to countries with unemployment rates well above the EU average and restoring upward social convergence, including implementation of the Youth Guarantee, Skills Guarantee and Child Guarantee;
Amendment 3 #
2016/2062(INI)
Aa. whereas the aviation sector in the EU faces fierce competition from third- country operators, including operators, which use low-cost labour and circumvention of international labour conventions as well as state aid to dump prices; whereas this encourages EU operators to reduce labour costs and thus gradually undermines social standards in the Member States and the EU;
Amendment 6 #
2016/2062(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the increasing use of precarious employment models in aviation inside the Union further creates downwards pressure on social and labour rights and has adverse effects on health and safety; whereas high-quality employment and training is directly linked to the safety and security of passengers and staff;
Amendment 16 #
2016/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s communication on ‘An Aviation Strategy for Europe’; regrets, however, the lack of concrete initiatives to curb social dumping in the sector; stresses that action is needed to reinforce the social agenda and maintain high-quality jobs in aviation; believes that ensuring a level playing field in the sector in the EU and globally is crucial;
Amendment 45 #
2016/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that direct employment must remain the usualbe the standard form of employment in aviation in order to ensure safety and high- quality jobs; stresses that in particular airline pilots cannot be considered to be independent of the companies for which they work; further calls on the Commission and Member States to ensure that workers' rights are safeguarded in the sense of Directive 2001/23/EC in the event of acquisition or transfer of company;
Amendment 54 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to come forward with legislative initiatives to prevent flags of convenience, rule shopping and unfair competition in aviation, including a ban on zero-hours contracts and pay-to-fly schemes; stresses that bogus self-employment has significant consequences with regard to the social protection of workers and safety and has an adverse effect on the level playing field; insist therefore that the Commission and Member States clarify the provisions, drawing on ILO Convention 198, so that a distinction can be drawn between employees and self- employed workers in order to put an effective stop to bogus self-employment;
Amendment 68 #
2016/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prevent social dumping and possible illegal use of foreign workers on board EU-registered planesthird- country workers on board EU-registered planes; believes that third-country workers on board EU-registered planes must have the same social and labour rights as those applying to the operators' employees residing inside the EU;
Amendment 82 #
2016/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that any agreements in the field of EU External Aviation Policy must include respect for human rights and fundamental ILO conventioninclude all relevant ILO conventions; in this regard, insists that Member States have the right to deny airlines landing rights on their territory if non-EU operators do not respect human rights or exercise unfair competition, including respect for workers' rights;
Amendment 108 #
2016/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Member States to guarantee all workers in the aviation sector decent working conditions, including health and safety at work; stresses that this includes protection against exposure to particle pollution in airports.
Amendment 22 #
2016/2017(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the questions set to the Council and the Commission on maternity leave (O-000049/2015 – B8- 0119/2015 and O-000050/2015 – B8- 0120/2015),
Amendment 24 #
2016/2017(INI)
Motion for a resolution
Citation 39 a (new)
Citation 39 a (new)
- having regard to the European Parliament Directorate-General for Internal Policies study titled 'Maternity, Paternity and Parental Leave: Data Related to Duration and Compensation Rates in the European Union',
Amendment 25 #
2016/2017(INI)
Motion for a resolution
Citation 39 b (new)
Citation 39 b (new)
- having regard to the European Parliament Directorate-General for Internal Policies study entitled "Costs and benefits of maternity and paternity leave",
Amendment 26 #
2016/2017(INI)
Motion for a resolution
Citation 39 c (new)
Citation 39 c (new)
- having regard to the European Parliament Directorate-General for Internal Policies of the Union study titled 'Discrimination Generated by the Intersection of Gender and Disability',
Amendment 28 #
2016/2017(INI)
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to the European Foundation study for the Improvement of Living and Working Conditions titled 'Promoting parental and paternity leave among fathers',
Amendment 40 #
2016/2017(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, in 2014, 5.1 million children were born in the EU-28, corresponding to a crude birth rate of 10.1; whereas, in comparison, this rate was 10.6 in 2000, 12.8 in 1985 and 16.4 in 1970; whereas EU faces a serious demographic challenge as the decrease of birth rates is constantly growing in most Member States, gradually transforming the Union to a gerontocratic society, causing a direct threat to social and economic growth and development;
Amendment 44 #
2016/2017(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas equality between men and women is a fundamental principle of the European Union and Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas, including in the achievement of a work-life balance;
Amendment 51 #
2016/2017(INI)
Motion for a resolution
Recital B
Recital B
B. whereas family and reconciliation policies are to be considered as animportant policy tools that if effectively applied could address the challenges of an ageing society and the falling fertility rates across EU Member States, reduce the risk of poverty for families with children, redistribute income from childless households to those with children and grant recognition to families for the societal benefits that children generate; whereas well-designed and implemented family and reconciliation policies can lead to improvement of the working environment, enabling good working conditions and the wellbeing of workers;
Amendment 79 #
2016/2017(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, the current employment and social policies, along with the austerity measures imposed, impede growth and development in Europe; whereas these policies impede the attainment of the 75 % employment rate target set in the Europe 2020 strategy being achieved for women (it currently stands at 63.5 %); whereas, in the current context of European employment, socio- economical and equality policies, Europe 2020 strategy is an outdated text and the goals previously set are far from being reached; whereas without proactive policies designed and implemented to help women enter the job market, especially policies that promote a better work-life balance, any target set on European level cannot be actually reached;
Amendment 83 #
2016/2017(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas inequality in the labour- market carries life-long consequences and impacts on women's rights, such as pensions, as the 39% EU gender pension gap testifies, representing more than double the gender pay gap of 16%;
Amendment 86 #
2016/2017(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas traditional gender roles and labour market divisions dictate and reproduce stereotypes that impose an overwhelming amount of child care to be provided mainly by women, with negative implications for their personal, social, and economic independence and prospects; whereas, at the same time, men are deprived of the opportunity to equally participate in infant and child care;
Amendment 94 #
2016/2017(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, given the public policies currently in force in EU Member States, fathers' participation rate in parental leave remains low, with only 10 % of fathers taking at least one day of leave; in contrast, 97 % of women use the family leave available for both parents; whereas statistical data confirms that unpaid or poorly paid parental leave results in low participation rates; whereas non- transferable, properly paid parental leave is used in a more balanced way by both parents;
Amendment 138 #
2016/2017(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that reconciliation of professional, private and family life needs to be guaranteed as a fundamental right for all people and that achieving work-life balance should be facilitated for all workers, including those who have adopted a child, who should have on the same conditions the same rights as a natural parents;
Amendment 155 #
2016/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the EU is facing unprecedented demographic challenges – an ageing population, low birth rates, changing family structures and migration; is concerned that austerity measurescondemns the ongoing austerity measures and policies imposed that have had a negative impact on the sustainability of public finances needed for work-life balance policies and services that foster demographic renewal; believes that an increase in the birth-rate across EU Member States is needed more than ever and therefore requests for the promotion of precise legislation and measures to combine work, private life and family life more effectively;
Amendment 166 #
2016/2017(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the benefits of parental leave to society are multifarious, as for example it contributes to increasing fertility rates which can counteract the increasing numbers of retired employees, assisting in a way to counter high unemployment in EU;
Amendment 178 #
2016/2017(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s approach to work-life balance policies as key in addressing socio-economic challenges; calls on the European Social Partners to come forward with an agreement on a comprehensive package of legislative and non-legislative measures regarding the reconciliation of professional, private and family life; calls on the Commission to put forward a proposal for such a package in the context of the announced European pillar of social rights should it not be possible for an agreement between the social partners to be reached; Urges the Commission to work towards a true pillar of social rights by cooperating with the social stakeholder towards a true 'Social investment' that emphasizes primarily in human capital, rather than in the profitability of economic capital;
Amendment 180 #
2016/2017(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that maternity, paternity and parental leave can effectively be applied with benefits for the society and the economy only if other policy instruments are applied alongside, notably state-subsidised day care, that would ensure women do not sacrifice child-bearing for the purpose of remaining active in an increasingly competitive labour market;
Amendment 202 #
2016/2017(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that rights assigned by social policies, including parental leave, should be individual rather than transferable, in order to encourage both parents to enjoy their rights and achieve a better work-life balance;
Amendment 239 #
2016/2017(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to introduce full financial compensation for parental leave with a view to promote equality between parents, reaching a level that would act as an incentive for income replacement, in order to safeguard families' social and economic wellbeing;
Amendment 248 #
2016/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt a post-2015 Gender Equality Strategy and to implement it through thein that regard, to incorporate workplace gender equality objectives into European Semester, including the Annual Growth Survey and the country-specific recommendations;
Amendment 263 #
2016/2017(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need for men to be entitled to fully paid and non-transferable paternity leave, without any loss of employment rights, in order to help workers of both genders reconcile their professional and family life and to achieve true gender equality; highlights the need for this entitlement to be given to unmarried couples and to couples that have adopted children;
Amendment 285 #
2016/2017(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Believes that revising current Maternity Leave Directive, will lead to achieving actual positive impact in terms of women's social and economic independence, work-life balance and labour market inclusion, as well as economic growth and development for EU by eliminating gender related inequalities in the labour market;
Amendment 322 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – point 1
Paragraph 15 – point 1
(1) a paternity leave directive with a minimum of a twon eight-week fully paid leave;
Amendment 327 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – point 1 a (new)
Paragraph 15 – point 1 a (new)
(1a) revising current Maternity Leave Directive;
Amendment 346 #
2016/2017(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the Member States to come forward with legislative measures to promote work-life balance and to focus on introducing high-quality, accessible childcare facilities and services by making use of the various EU financial instruments;
Amendment 356 #
2016/2017(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights that the care of disabled children presents a particular challenge for working mothers and fathers, which should be recognised by society and be supported by public policies; Believes, therefore, that the increased vulnerability of working parents of disabled children means that they should be granted additional maternity, paternity and parental leave;
Amendment 367 #
2016/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the introduction of targets on care for elderly, disabled and other dependants, with monitoring tools within the European Semester; calls on Eurostat and Eurofound to collect relevant data and to carry out studies;
Amendment 376 #
2016/2017(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to establish qualitcome forward with a set of legislative standards for all non-legislative measures that would establish qualitative care services across EU;
Amendment 381 #
2016/2017(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Shares the view that care and to be cared is a universal human right and that should be exercised and reassured for anyone, and therefore calls the Member States to revise their national family policies and secure adequate social care services that would improve family life and therefore assist in achieving work-life balance for the members of the family;
Amendment 455 #
2016/2017(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States and social partners to develop and put in place policies for educational and training leave and to make learning outside work accessible to workers in disadvantaged situations, especially for the vulnerable groups of population, such as the persons with disabilities, the mono-parental families and the migrants;
Amendment 35 #
2016/0397(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The definitions and criteria for determining disability and invalidity differ widely across the Member States, which can constitute a major obstacle to the mutual recognition of national decisions on disability and invalidity issues, in particular as regards access to specific services and facilities, and can put people with a disability or invalidity at a particular disadvantage in the field of social security when moving from one Member State to another. It is therefore necessary, with a view to facilitating the travel and movement of persons with a disability or invalidity from one Member State to another, to ensure the mutual recognition of disability status between Member States, in particular through the swift implementation of the European Disability Card in all Member States which will be connected to the European Health Insurance Card and the European Social Security Card.
Amendment 38 #
2016/0397(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) In order to ensure the effective implementation and enforcement of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and guarantee the portability of disability benefits, harmonisation of disability policies in the Union, including the adoption of common definition, criteria and methods of evaluation of disability (percentage of disability) for the purpose of social security coordination should be adopted. The need for the adoption of the aforementioned emanated from the accession of the European Union to the UNCRPD, the first international organization to adhere to a UN human rights convention.
Amendment 43 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 48 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured on the basis of Article 6.
Amendment 52 #
2016/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Following the recommendations in the EU Citizenship Report 2013,35 there is a need to extend the minimum duration of export of unemployment benefits from three to six monthsuntil exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for requalification and reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final.
Amendment 62 #
2016/0397(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to expediting the procedure for the verification, rectification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.
Amendment 69 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 a
Recital 5 a
Amendment 71 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 75 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 b
Recital 5 b
(5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 76 #
2016/0397(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A growing number of mobile Union citizens is excluded from equal treatment and the protection granted through social security coordination, in particular those citizens excluded from the labour market without access to the social security benefits listed in Article 3 of this Regulation. The Commission should take the opportunity to develop a proposal on how to include social assistance and minimum income benefits in the scope of the Regulation in order to close the social protection gap within in the Union’s social security coordination regime. Alternatively, the Commission could, in close cooperation with the Parliament, the Council, the social partners and all relevant stakeholders from civil society, develop a European social protection regime for all mobile citizens who have so far been excluded from the Regulation. The proposed regimes could be based on Article 21 of the Treaty on the Functioning of the European Union and should have special regard to non-active mobile citizens and job seekers.
Amendment 78 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 c
Recital 5 c
(5c) Notwithstandhing withing the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rightsis Regulation should restrict the fundamental rights of economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the entitlement to social security benefits and social services (Article 34) and the right to healthcare (Article 35).
Amendment 87 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
Amendment 88 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) afterwithin the term “Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “ and Chapter 1a on long-term care benefits” is inserted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.))
Amendment 89 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point v a – point i
Article 1 – point v a – point i
(c) In Point (va)(i) afterwithin the term “Title III, Chapter 1 (sickness, long-term care, maternity and equivalent paternity benefits),” the term "and Chapter 1a (long- term care benefits)” is inserted and the last sentence is deleted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 91 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure clarity regarding the terminology in EU law, the term “posting” should only be used for the posting of workers within the meaning of 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.34 In addition, tTo achieve consistency in treatment between employed and self-employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another Member State should apply consistently to both employed and self-employed persons. __________________ 34OJ L 018, 21.01.1997 p. 1.
Amendment 91 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 95 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of 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 services46 or sent by that employer to another Member State to perform work on that employer's behalf shall continue to be subject to the legislation of the first Member State, provided that: (a) the anticipated or actual duration of such work does not exceed 246 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018 , 21.01.1997 p. 1; and (b) for a period of at least six months immediately preceding the start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established.
Amendment 97 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured on the basis of Article 6.
Amendment 97 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that: (a) the anticipated or actual duration of such activity does not exceed 24six months and that the person is not replacing another posted employed or self-employed person., and (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.
Amendment 100 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
2a. Member States ensure that economically inactive mobile citizens and job seekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 101 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Amendment 102 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
Article 19
Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. ” 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)benefit. Or. en (http://eur-
Amendment 103 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 30
Article 30
Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 104 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 107 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 113 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(a) In paragraph 1 point (c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person's entitlement to benefits”;the following “(c) entitlement to unemployment benefits shall be maintained until their expiry;”
Amendment 116 #
2016/0397(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workersgiving them the choice to receive unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least the past twelve monthsor from the Member State of residence in order to enhance the probability of the unemployed to find employment in the Member State where his or her chances are the highest.
Amendment 119 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a
Article 64 a
Amendment 126 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4
Article 76 a – paragraph 1 – indent 4
– the withdrawal of the document: – when its accuracy and validity is contested by the competent institution of the Member State of employment. – when the issuing institution fails to respond within the specified deadline.
Amendment 127 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88
Article 88
Amendment 139 #
2016/0397(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to expediting the procedure for the verification, rectification and withdrawal of documents (in particular concerning the social security legislation which applies to the holder) in case of fraud and error, it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal. Where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between Member States concerning the determination of the applicable legislation, it is in the interest of the Member States and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time. In the absence of a response within the specified deadline, the requesting institution should become competent to determine the legislation applicable.
Amendment 140 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EC) No 987/2009
Article 23 – last sentence
Article 23 – last sentence
Amendment 141 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23 – paragraph 1
Article 23 – paragraph 1
(14a) In Article 23, paragraph 1 is replaced by the following: “If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)ˮ (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (http://eur-
Amendment 142 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
(15a) in Article 25, paragraph 1 is replaced by the following: 1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
Amendment 143 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
(15b) in Article 25, paragraph 3 is replaced by the following: 3. The benefits in kind referred to in Article 19 (1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
Amendment 144 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
Regulation (EC) No 987/2009
Article 54 – paragraph 1
Article 54 – paragraph 1
(19a) in Article 54, paragraph 1 is replaced by the following: 1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to Aunemployment benefits treated under article 61 of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he was subject in respect of his last activity as an employed or self- employed person specifying the periods completed under that legislation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (http://eur-
Amendment 145 #
2016/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership of at least six months.
Amendment 145 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
(26a) Article 67 paragraph 5 is replaced by the following: 5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 182 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
Amendment 157 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 166 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 169 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
(5b) Member States should ensure that economically inactive EU mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host Member State, as laid down in Directive 2004/38/EC. This may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 172 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
Recital 5c
(5c) Notwithstandhing withing the limitations on the right to equal treatment for economically inactive persons, that arise from the Directive 2004/38/EC or otherwise by virtue of Union law, nothing within this Regulation should restrict the fundamental rightsis Regulation should restrict the fundamental rights of economically inactive persons and persons with the right of freedom of movement for the purposes of seeking employment recognised in the Charter of Fundamental Rights of the European Union, notably the right to human dignity (Article 1), the right to life (Article 2), the entitlement to social security benefits and social services (Article 234) and the right to healthcare (Article 35).
Amendment 197 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 a (new)
Recital 48 a (new)
(48a) Nothing within this Regulation limits the independent rights and obligations recognised in the European Social Charter, in particular the right to social security (Article 12), the right to social and medical assistance (Article 13), the right of migrant workers and their families to protection and assistance (Article 19), and the right to protection against poverty and social exclusion (Article 30). This Regulation should be implemented in accordance with those rights and obligations.
Amendment 199 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 48 b (new)
Recital 48 b (new)
(48b) Nothing within this Regulation limits the independent rights and obligations recognised in the European Convention on Social and Medical Assistance of the Council of Europe in the Member States concerned.
Amendment 204 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
Amendment 212 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) after the term “, point (ii) is replaced by the following: “(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
Amendment 217 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
(c) In Point (va)(i) after the term “, point (i) is replaced by the following: (i) for the purposes of Title III, Chapter 1 (sickness, long-term care, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care.
Amendment 240 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 264 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of 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 services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that: (a) the anticipated or actual duration of such work does not exceed 246 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent withwithin the meaning of this Article; and (b) for a period of at least six months immediately preceding the meaning of this Article. __________________ 46start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established. OJ L 018, 21.01.1997 p. 1.
Amendment 271 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that: (a) the anticipated or actual duration of such activity does not exceed 24six months and that the person is not replacing another posted employed or self-employed person., and (b) for a period of at least six months immediately preceding the start of the activity, the person concerned has already been subject to the legislation of the Member State in which he or she normally pursues his or her activity.
Amendment 285 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
2a. Member States shall ensure that economically inactive mobile citizens and jobseekers can access comprehensive sickness insurance cover in the host Member State by allowing such citizens to contribute in a proportionate manner to a sickness insurance or to otherwise fulfil the relevant criteria for access to sickness insurance in the Member State in which they habitually reside.
Amendment 300 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 16 a (new)
Article 16 a (new)
(14a) The following Article is inserted: “Article 16a Prior issuance of document on applicable legislation Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009.”
Amendment 303 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Amendment 307 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14 c. Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)benefit.” Or. en (http://eur-
Amendment 323 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 328 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a
Article 33 a
(15a) The following Article is inserted “Article 33a Long-term care benefits The Administrative Commission shall, after consulting the social partners, representative associations of beneficiaries and professional bodies concerned, draw up a detailed list of long- term care benefits which meet the criteria contained in Article 1(vb), specifying which are benefits in kind and which are benefits in cash and if the benefit is provided to the person in need of care or to the person providing such care.”
Amendment 346 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Amendment 355 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 388 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(a) In paragraph 1(c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “of six months up to the end of the period of that person's entitlement to benefits”;, point (c) is replaced by the following: “(c) entitlement to unemployment benefits shall be maintained until their expiry;”
Amendment 392 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a a (new)
Article 1 – paragraph 1 – point 20 – point a a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 2
Article 64 – paragraph 2
(aa) Paragraph 2 is deleted.
Amendment 394 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Article 1 – paragraph 1 – point 20 – point b
Regulation (EC) No 883/2004
Article 64 – paragraph 3
Article 64 – paragraph 3
(b) In pParagraph 3, the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits” is deleted.
Amendment 401 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a
Article 64 a
Amendment 421 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
Article 65 – paragraph 2
2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall can choose to make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
Amendment 424 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
Amendment 446 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not applyies to suchthose benefits nor shall the competent instin situation be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Reguls where the individual beneficiary of family benefits serving as income replacement during child raising does not fulfil his or her maintenance obligations.
Amendment 454 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 71 – paragraph 1
Article 71 – paragraph 1
23a. In Article 71, paragraph 1 is replaced by the following: “ The Administrative Commission for the Coordination of Social Security Systems (hereinafter called the Administrative Commission) attached to the European Commission shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the European Commission, a representative of the European Parliament and, where appropriate, representatives of the social partners, beneficiaries and professional bodies concerned shall attend the meetings of the Administrative Commission in an advisory capacity. ” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004R0)
Amendment 460 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contentsgery-proof electronic format and the contents, with mandatory information, of a portable document certifying the social security legislation which applies to the holder and including a single European social security number,
Amendment 477 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4 a (new)
Article 76 a – paragraph 1 – indent 4 a (new)
– in the absence of a response from the issuing institution within the specified deadline.
Amendment 478 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Regulation (EC) No 883/2004
Article 79
Article 79
25a. Article 79 is replaced by the following: Article 79 “Article 79 Funding of activities in the social security field In connection with this Regulation and the Implementing Regulation, the European Commission may fund in full or in part: (a: (-a) shall contribute to the funding of: (i) the establishment of an electronic networking system of competent institutions; (ii) an EU-wide forgery-proof European social security card on which are stored all the data needed to verify the bearer’s employment relationship, such as details on his or her pay, social security status, working hours and, where applicable, specific rules on posting, and which would be subject to strict data- protection rules, particularly where privacy-sensitive personal data is processed; and (-aa) may fund in full or in part: (i) activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; (bii) any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means. ” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0883R(01))
Amendment 520 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. Such documents shall only be valid if all sections indicated as compulsory are filled in. However, such documents are not required to be accepted where they have not been withdrawn due to a breach of the principle of sincere cooperation by the issuing Member State.
Amendment 524 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Where not all sections of the documents referred to in paragraph 1 that are indicated as compulsory are filled in, the institution of the Member State that receives the document shall, without delay, notify the issuing institution of the defect in the document. The issuing institution shall, as soon possible, rectify the document or confirm that the conditions of issuing the document are not fulfilled. If the missing information is not provided within five working days of notification of the defect, the requesting institution may proceed as if the document had never been issued and, if it does so, shall inform the issuing institution accordingly.
Amendment 538 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation 987/2009
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) The absence of response by the issuing institution to the requesting institution shall constitute a breach of the principle of sincere cooperation by the issuing Member State
Amendment 557 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the 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 services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that, immediately before the start of his employment, the person concerned ihas already been subject, for a period of at least six months, to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018, 21.01.1997 p. 1where the employer is established, in accordance with this Title.
Amendment 607 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EC) No 987/2009
Article 23 – second sentence
Article 23 – second sentence
Amendment 610 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
Article 23
14a. Article 23 is replaced by the following: "Article 23 Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 615 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
15a. Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 618 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. Article 25 paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 635 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
Regulation (EC) No 987/2009
Article 54 – paragraph 1
Article 54 – paragraph 1
19 a. Article 54, paragraph 1 is replaced by the following: "1. Article 12(1) of the implementing Regulation shall apply mutatis mutandis to unemployment benefits treated under Article 61 of the basic Regulation. Without prejudice to the underlying obligations of the institutions involved, the person concerned may submit to the competent institution a document issued by the institution of the Member State to whose legislation he was subject in respect of his last activity as an employed or self- employed person specifying the periods completed under that legislation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 638 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
Amendment 641 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
Article 55a
Amendment 645 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
Regulation (EC) No 987/2009
Article 57 – title
Article 57 – title
23a. In Article 57, the title is replaced by the following: "Provisions for the application of Articles 61, 62, 64 and 65 of the basic Regulation regarding persons covered by a special scheme for civil servants lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 653 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
26a. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 182 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 655 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
Article 68 – paragraph 2
26b. in Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus 8 percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 263 #
2016/0359(COD)
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Member States shall ensure that the matters covered by paragraphs 1 to 7 of this Article are without prejudice to the right of workers to collective bargaining and the right to collective action, including the right to strike.
Amendment 290 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Workers' representatives shall be informed and consulted. They shall have the right to propose alternative plans in order to safeguard employment. They shall also have the right to request external expertise in order to formulate alternative plans or counter-proposals. Those plans shall be accorded the same status and consideration than any other plan or proposal.
Amendment 291 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. Restructuring plans shall not have a negative impact on occupational pension funds and schemes.
Amendment 294 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Where the necessary majority is not reached in one or more dissenting voting classes, the plan may still be confirmed if it complies with the cross-class cram-down requirements set out in Article 11. However, where they exist, collective agreements and the outcomes of collective bargaining shall be respected.
Amendment 303 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
Amendment 305 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point c b (new)
Article 10 – paragraph 2 – point c b (new)
(cb) that restructuring plans do not have the effect of perpetrating a fraud on creditors, workers, other stakeholder or the relevant Member State(s).
Amendment 337 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) to comply with all their obligations to creditors, workers, other stakeholders, the state and its emanations, in accordance with national law.
Amendment 338 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point d b (new)
Article 18 – paragraph 1 – point d b (new)
(db) to complete an annual statement confirming their compliance with their legal obligations.
Amendment 343 #
2016/0359(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. A full discharge shall apply only where the indebted entrepreneur has complied with the requirements of Article 18 of this Directive. Entrepreneurs who violate employment and / or competition law shall be excluded from a full discharge.
Amendment 352 #
2016/0359(COD)
Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
Article 22 – paragraph 1 – point d a (new)
(da) where entrepreneurs and/or their directors have acted in breach of their obligations under Article 18 of this Directive or where entrepreneurs and / or their directors have violated employment and / or competition law.
Amendment 355 #
2016/0359(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall ensure that any supervision of a decision under paragraphs 1 and 2 of this Article is carried out by a competent judicial or administrative authority to prevent any abuse on the part of entrepreneurs.
Amendment 360 #
2016/0359(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall establish effective sanctions for breaches of the practitioners' obligations under this Article and other relevant legislation.
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
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. 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 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. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 84 #
2016/0280(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The exceptions and the limitation set out in this Directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand, and of users on the other. They can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject- matter and do not unreasonably prejudice the legitimate interests of the rightholders. Such cases concern, in particular, access to education, knowledge and cultural heritage and as such, are generally in the public interest.
Amendment 103 #
2016/0280(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The exceptions and the limitation set out in this Directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand, and of users on the other. They can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject- matter and do not unreasonably prejudice the legitimate interests of the rightholders. Such cases concern, in particular, access to education, knowledge and cultural heritage and, as such, are generally in the public interest. Furthermore, the exceptions concern the standard modern forms of communication between creative users offline and online. Whether with regard to citation or parody, the exchange of cultural material should be permitted and not considered as an infringement of copyright in respect of the overall work.
Amendment 104 #
2016/0280(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The exceptions and the limitation set out in this Directive seek to achieve a fair balance between the rights and interests of authors and other rightholders on the one hand, and of users on the other. They can be applied only in certain special cases which do not conflict with the normal exploitation of the works or other subject- matter and do not unreasonably prejudice the legitimate interests of the rightholders. Such cases concern, in particular, access to education, knowledge and cultural heritage and as such, are generally in the public interest.
Amendment 112 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be requiredext and data mining allows for the reading and analysis of large amounts of digitally stored information to gain new knowledge and discover new trends.
Amendment 123 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researcherusers, including both public and private entities, as well as individuals have lawful access to content, for example through access to the internet or subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As both business and research isare increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research areaglobally will suffer unless steps are taken to address the legal uncertainty for text and data mining. It is important to recognize the potential of text and data mining technologies in enabling new knowledge, innovation and discovery in all fields and the role that those technologies have in the continuous development of the digital economy, providing for an exception for reproduction and the extraction of information for the purpose of text and data mining where there is lawful access.
Amendment 126 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher educationrecognized by the Member State in which they are established in primary, secondary, vocational and higher education as well as libraries or other public and non-profit institutions providing non-formal or informal cultural and other education, to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 132 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Furthermore, there is widespread acknowledgement that access to information in a format which enables it to be subjected to text and data mining can, in particular, benefit the research community in its entirety including smaller research organisations, especially where there is no lawful access to content such as through subscriptions to scientific publications or open access licences. In the Union, research organisations such as universities and research institutes, as well as organisations such as libraries and cultural heritage institutions that support research, are confronted with challenges to gain lawful access to the volume of digitally stored information required for new knowledge to be sought by means of text and data mining. There are also many other types of content, such as trade publications, film, sound, the wider Internet, that are also the subject of analysis through text and data mining, where access can also be a problem, and where rightholders will be less able to create versions of their works in usable formats.
Amendment 134 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including organizations such as libraries and other cultural heritage institutions providing non-formal or informal education, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 139 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception for all persons, whether legal or natural, to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnershipStakeholder dialogue aimed at expanding access to database purely for text and data mining purposes should be encouraged, where research organizations do not currently have legal access to original works.
Amendment 144 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation as well as reproductions for other purposes such as insurance and rights clearance and including long-term and cross border loans.
Amendment 148 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject-matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitalization. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only. Such an exception should cover both cultural heritage institutions, including archeological or other museum institutions of universities and colleges holding the works or other subject-matter, and third party cultural heritage institutions or service providers, which may be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception.
Amendment 150 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 164 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
(13) There is no need to provide for compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimalre would be no unreasonable prejudice to the interests of right holders. Use under the text and data mining exception would also not conflict with the normal exploitation of the works in a way that calls for separate compensation.
Amendment 173 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utito uneven applizcation of a substantial part of its contents for the purpose of illustration for teaching. Tacross EU Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
Amendment 180 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 180 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher educationrecognized by the Member State in which they are established in primary, secondary, vocational and higher education as well as libraries or other public and non - profit institutions providing non-formal or informal cultural and other education, to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 187 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 195 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 195 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including organizations such as libraries and other cultural heritage institutions providing non-formal or informal education, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 203 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC or on licensing agreements covering further uses, are in place in a number of Member States in order to facilitate educational uses of works and other subject-matter. Such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education. Whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross-border teaching activities, the modalities of implementation may differ from a Member State to another, to the extent they do not hamper the effective application of the exception or limitation or cross-border uses. This should allow Member States to build on the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism would, for example, allow giving precedence to licences for materials which are primarily intended for the educational market. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemeAs such, any other compensation mechanisms should be limited to cases where there is a risk of unreasonable prejudice to the legitimate interests of right-holders.
Amendment 205 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 210 #
2016/0280(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 212 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation as well as reproductions for other purposes such as insurance and rights clearance and including long-term and cross border loans.
Amendment 215 #
2016/0280(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Different approaches in the Member States for acts of preservation, including reproduction by cultural heritage institutions, research organizations and educational establishments, hamper cross- border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market, leading to an inefficient use of resources. The collections of cultural heritage institutions, research organizations and educational establishments, if not unique, are likely to be replicated and sit in other institutions, including those in other Member States. Cultural heritage institutions, research organizations, and educational establishments could also want to create cross border preservation networks, to use resources effectively.
Amendment 219 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions, research organizations and educational establishments to reproduce works and other subject-matter permanently in their collections for preservation purposes, for example to address technological obsolescence or the degradation of original supports or for the purpose of digitalization, research or education. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only. Such an exception should cover in particular both cultural heritage institutions, including archeological or other museum institutions of universities and colleges holding the works or other subject-matter, and third party cultural heritage institutions or service providers, which could be requested to perform the act of reproduction on behalf of a cultural heritage institution, research organization or educational establishment, within the scope of the exception.
Amendment 228 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or, held on long term loan or are permanently held by the cultural heritage institution, research organization, or educational establishment, for example as a result of a transfer of ownership or licence agreements.
Amendment 232 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 250 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it. Therefore there should be an intensive dialogue on the appropriate determination of copyright-protected content in uploads that could include the possibility of a flat- rate payment, which must be proportionate to the modern use of music and media platforms. The much abused technical solution, known as upload filters, cannot be considered sufficiently effective and robust to merit measures with legal consequences. They do not solve the underlying problem of fair payment for authors, musicians or other rightholders and should be omitted from the provisions in this Directive because they produce new problems in the field of privacy and data protection.
Amendment 253 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licences for out-of-commerce works to extend to the rights of rightholders that are not represented by the collective management organisationcultural heritage institutions, research organizations or educational establishments to disseminate their out of commerce collections, in accordance to their legal traditions, practices or circumstances. Such mechanisms canshould allow rightholders to exclude their works and could include extended collective licensing and presumptions of representation, and limitations and exceptions where: a) no collective management organizations exist b) a collective management organization is unable to achieve sufficient representativity, or c) a collective management organization is unable to offer adequate licenses to cultural heritage institutions for the types of works and other subject matter held in their collections.
Amendment 259 #
2016/0280(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural heritage institutions, users and collective management organisations when doing so.
Amendment 261 #
2016/0280(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Given the existence of divergences between collective management practices across Member States and creative and cultural sectors, a solution needs to be provided for where licensing mechanisms are not effective solutions, because of, for example, a lack of collective licensing or the fact that no collective management organization has been able to achieve recognition in a Member State or for a sector. In such instances, where licensing mechanisms are lacking, it is necessary to provide for an exception that allows cultural heritage institutions, research organizations, and educational establishments to make out of commerce works held in their collection available online. Nevertheless, in doing so, it is also necessary to provide authors and performers with the possibility to provide collective licenses or to form a collective management organization as well as to involve them in the determination of whether such licenses are available or not. Therefore, right-holders should be able to object to the dissemination of their works online in this way.
Amendment 269 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 309 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) 'beneficiary' means any individual or entity, public or private, with lawful access to content;
Amendment 310 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 339 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) ‘cultural heritage institution’ means a publicly accessible library or museum, an archive, archive, museum or gallery or a film or audio heritage institution, as well as a media library of a public service broadcaster;
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Use of works and other subject-matter in digital and cross-border teaching activities
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 353 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 357 #
2016/0280(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In its ruling in Case 174/15 (VOB vs Stichting Leenrecht), the Court of Justice recognised that the lending of e- books can fall under the same rules as the lending of physical books. When Member States apply the limitation to copyright under Article 6 of the rental and Lending Directive, libraries are able to buy any physical book on the market. Once purchased, they can lend it without restrictions linked to contract terms or other measures of protection which prevent the exercise of exceptions and limitations to copyright. These provisions should also apply to e-books. Moreover, with the objective of ensuring that all citizens of the European Union have access to a full selection of books and other resources, all Member States should ensure that the limitation to the exclusive public lending right in Article 6 of the Rental and Lending Directive is mandatory.
Amendment 362 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it. As a result 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 puts at risk cultural and creative industries.
Amendment 392 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 406 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays athe application of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the role played by the service provider is an active role. An active role, including by optimisinges, inter alia, optimization for the purpose of the presentation by the service of the uploaded works or subject-matter or their promoting themon by the service, 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.
Amendment 452 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The market for content recognition technologies is already well developed and destined to grow in a data based economy. Existence and competition of such technology solution providers are therefore supposed to ensure affordable and easy access for all interested parties, including SMEs, regardless of their size, fully respecting all the fundamental rights. However, without clear legislative obligations to use such technologies, the player in the market and especially the dominant ones, refuse regularly to use such tools that are appropriate for licensing and rights management purposes.
Amendment 456 #
2016/0280(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) Member States should ensure that an intermediate mechanism exists enabling service providers and rightholders to find an amicable solution to any dispute arising from the terms of their cooperation agreements. To that end, Member States should appoint an impartial body with all the relevant competence and experience to assist the parties in the resolution of their dispute.
Amendment 485 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 500 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
‘research organisation’ means a university, a research institute or any other organisation the primary goal of which is to conduct and support scientific research or to conduct scientific research and provide educational services:
Amendment 504 #
2016/0280(COD)
Proposal for a directive
Article 12
Article 12
Amendment 504 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) "person" means a public or private entity or an individual.
Amendment 507 #
2016/0280(COD)
Proposal for a directive
Article 13
Article 13
Amendment 513 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) "beneficiary" means any individual or entity, public or private, with lawful access to content;
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 545 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4 (1) of Directive 2009/24/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject- matter to which they have lawfully access for the purposes of scientific researched.
Amendment 546 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall encourage rightholders who market works or other subject- matter primarily for research purposes, to allow research organisations, not having lawful access to those works or other subject - matter to access datasets that enable them to carry out only text and data mining. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as this compensation is reasonable. Member States shall promote stakeholder dialogue between the rightholders for other formats and types of content, research organisations and representatives of users in order to promote meaningful access to usable information for text and data mining elsewhere.
Amendment 551 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall not be allowed to apply measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1, unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted may be applied. Such measures shall not go beyoexceed what is necessary to pursue the objective of ensuring the security of the system and wshat is necessary to achieve that objectivell not undermine the effective application of the exception. These measures shall not prevent or unreasonably restrict the ability to text and data mine or the ability to develop text and data mining tools different from those offered by the right holders as long as the security of the networks and databases are protected.
Amendment 553 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where a performer has transferred or assigned an exclusive right of making available on demand, the performer shall be entitled to an equitable remuneration. (i) Collection of remuneration is provided without prejudice as to existing national organisational schemes for collective management of copyright. (ii) The remuneration entitlement shall not prevent the choice of the creator on dissemination modes (e.g. creative commons)
Amendment 560 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3to make technological measures that might have an impact upon use of the exception provided for in paragraph 1, transparent to the public.
Amendment 569 #
2016/0280(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Use of works and other subject-matter in digital and cross-border teaching activities
Amendment 576 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Where a performer has transferred or assigned an exclusive right of making available on demand, the performer shall be entitled to equitable remuneration. Collection of the remuneration is provided without prejudice to existing national organisational schemes for collective management of copyright. The remuneration entitlement shall not prevent the choice of the creator on dissemination modes (i.e. creative commons).
Amendment 590 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, research organizations, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 608 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 609 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 638 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1.Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, research organizations or educational establishments to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservationreproduction, for the purpose of, individually or collaboratively with others, carrying out their public interest mission in preservation, research, culture, education and teaching.
Amendment 655 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable.
Amendment 662 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1. Member States shall provide for a limitation to the rights provided in Article 1 of Directive 2006/115/EC in order to allow for the lending of literary and/or scientific works in any format to the public, including remotely, where these have been legitimately acquired. This is without prejudice to the provisions of Articles 6(2) and 6(3) of that Directive. 2. Any contractual provision contrary to the exception provided in paragraph 1 of this Article shall be unenforceable. 3. Member States should authorise legal circumvention of TPMs that restrict the exercise of lawful exceptions and limitations, including the derogation/exception for "public lending". 4. Without prejudice to the provisions of paragraphs 1 and 2 of this Article, Member States, libraries, authors and publishers shall work together to ensure that libraries can acquire and lend in reasonable terms, including remotely, all commercially available literary or scientific works in any format, including digital, that have legally entered their collections or to which they have legal access. The Commission shall report on progress towards this goal no later than 2 years after ....(the date of entry into force of this Directive).
Amendment 665 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall provide for an exception that grants the right to reproduce works permanently located in public spaces by way of still or moving images and to distribute and communicate to the public such images in full or in parts.
Amendment 684 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) Right-holders may at any time object to their works or other subject- matter being deemed to be out of commerce and may exclude their works from being made available on the secure electronic network of the cultural heritage institution.
Amendment 721 #
2016/0280(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Exploitation of audiovisual works on video-on-demand platforms 1. Member States shall ensure that producers and the transferees of the rights make their best efforts to make European audiovisual works on at least one video-on-demand platform. 2. Member States shall take appropriate measures to ensure the application of paragraph 1, including by encouraging the conclusion of professional agreements between representative organisations of authors and representative organisations of producers and other stakeholders, as well as video-on-demand platforms in a larger of continuous exploitation of audiovisual works.
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 732 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 788 #
2016/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 800 #
2016/0280(COD)
Proposal for a directive
Article 13
Article 13
Amendment 875 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Unwaivable right to remuneration Member States shall ensure that when an author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain equitable remuneration. This right is unwaivable and inalienable. This right can be entrusted to collective management organisations representing authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors for their making available right.
Amendment 878 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers, who are in a contractual relationship where there are ongoing payment obligations, receive on a regular basis and no less than once a year and taking into account the specificities of each sector, timely, adequate and sufficient, accurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, or their successors in title, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 887 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 895 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Member states shall provide that producers compulsorily communicate, free of charge, to collective management organisations for the purpose of effective administration of rights, complete and accurate information as is necessary in order to identify the use of the work or other subject matter and the corresponding right-holders.
Amendment 903 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector, as well as authors' right to audit. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, under the condition that the level of disproportionality is duly justified, and provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 913 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 917 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performanceshall ensure that the representative organizations of relevant stakeholders determine sector- specific standard reporting statements and procedures and foster in particular automated processing making use of digital technologies and international identifiers of works.
Amendment 924 #
2016/0280(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 925 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1 Member States shall ensure that authors and performers are entitled to a proportionate and equitable remuneration of the revenues derived from the exploitation of their works. Member States shall also ensure that representative organizations of authors and performers, whether collective management organizations, unions or guilds, and representative organizations of users, set standards for equitable and proportionate remuneration of authors and performers for the use of their works and performances, taking into account the specificities of each sector.
Amendment 935 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to requestclaim additional, appropriate remunerationequitable contractual adjustments from the party with whom they entered into a contract for the exploitation of the rights, or their successors in title, when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from theall forms of exploitation, direct or indirect of the works or performances. Authors and performers may individually or collectively appoint a representative organization to file such claim on their behalf.
Amendment 948 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
Where a performer has transferred or assigned an exclusive right of making available on demand, and independent of any agreed terms for such transfer or assignment, the performer shall have the right to obtain an equitable remuneration to be paid by the user for the making available to the public of his fixed performance. The right of the performer to obtain an equitable remuneration for the making available to the public of his performance shall be unwaivable and collected and administrated by a performer´s collective management organisation.
Amendment 949 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The transfer of licensing of exclusive economic rights in a given work or performance may not include or be deemed to include rights that do or did not exist at the time of the signature of the contractual arrangement. In addition, the scope of such transfer or licensing may not include or may not be deemed to have included territories, formats, modes of exploitation, technologies or any other aspect that do or did not exist at the time of the signature of the contractual arrangement.
Amendment 953 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall provide authors and performers with a reversion right to enable them to terminate a contract in case of insufficient exploitation and promotion, payment of the remuneration foreseen, as well as insufficient or lack of regular reporting.
Amendment 962 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 mayshall be submitted to an voluntary, alternative dispute resolution procedure. The author´s or the performer´s contractual counterpart shall take part, in good faith, in the dispute resolution procedure.
Amendment 967 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Proceedings in respect of a dispute may also be brought on behalf of authors and performers by their representative organizations, whether collective management organizations, unions or guilds.
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 25 #
2016/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘authorised entity’ means an organiszation having the specialized personnel for providing education, instructional training, adaptive reading or, information access and similar support to beneficiary persons on a non- profit basis, as its main activity or as one of its main activities or public- interest missions.
Amendment 27 #
2016/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) it provides, upon request, technical assistance on the access to the provided material
Amendment 34 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘authorised entity’ means an organisation having the specialised personnel for providing education, instructional training, adaptive reading or, information access and relevant support to beneficiary persons on a non-profit basis, as its main activity or as one of its main activities or public- interest missions.
Amendment 112 #
2016/0264(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the Europe 2020 Strategy21 and the strengthening of economic governance, social indicators play an essential role in informing and supporting the Union’s key priorities for growth and job creation, gender equality, the reduction of poverty and social exclusion, skills, mobility and the digital economy. In particular, social indicators must provide a sound statistical basis for developing and monitoring the policies introduced by the Union to address those priorities. __________________ 21 Communication from the Commission - EUROPE 2020 A strategy for smart, sustainable and inclusive growth COM (2010) 2020 of 3 March 2010.
Amendment 116 #
2016/0264(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In shaping European Social Statistics due attention should be given to Article 10 TFEU. Therefore it is essential to ensure gender-segregated data collection to prevail, allowing for a solid factual basis to assess in how far equality has been achieved and discrimination has been tackled.
Amendment 119 #
2016/0264(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In line with the "Beyond GDP" initiative1a , it is important to complement GDP with high level indicators reflecting other dimensions such as quality of life including work-life balance, inclusion, well-being and social cohesion, highlighting the importance of ensuring that the relevant data can be segregated in order to identify, for example, gender- specific issues; __________________ 1a http://ec.europa.eu/environment/enveco /pdf/SWD_2013_303.pdf and http://ec.europa.eu/environment/beyond_ gdp/index_en.html
Amendment 136 #
2016/0264(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The developments described above need to be gradually streamlined, and statistical legislation in the area of social statistics needs to be modernised, in order to ensure that the high quality social indicators are produced in a more integrated, flexible and efficient manner. At the same time, due consideration must be given to the needs of users, to the burden placed on respondents, to Member States resources, the reliability and accuracy of the methods used, technical feasibility of producing the statistics, the time within which they can be available and the reliability of the results. To achieve data of high quality, due consideration should be given to the reference manual "Developing Gender Statistics: a practical tool”, prepared by the UNECE Task Force on Gender Statistics Training for Statisticians with contributions from various experts1a. __________________ 1a http://www.unece.org/fileadmin/DAM/st ats/publications/Developing_Gender_Stati stics.pdf
Amendment 146 #
2016/0264(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Data collections in the domains of time use and consumption are currently carried out voluntarily by many Member States, on the basis of agreed general guidelines. Research based on the Time Use Survey has shown its utmost importance in assessing among others gender equality in sharing work and care responsibilities. The gender dimension is also of high importance in the field of household consumption. Therefore, among others, gender equality as fundamental principle of the Union, provides for another reason to integrate those two surveys fully into the set of European Social Statistics. These two domains should be modernised, so as to take full advantage of new technological advances. Data collections in these two domains should be organized in accordance with this Regulation so as to open possibilities and create opportunities for further developments in the future, ensuring data that are more timely and relevant, and produced more efficiently. In the meantime, the Member States’ current approaches should not be changed.
Amendment 148 #
2016/0264(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Due to their specificities, demographic statistics23 , population and housing censuses24 , business surveys and statistics based on mainly administrative sources are not covered by this Regulation and should be governed separately by specific frameworks adapted to their characteristics. Statistical data is essential to describe, assess and support the improvement of life and well-being of citizens, the economy and the environment. It is of utmost importance for Union policies to be embraced by citizens. Statistical data should in this sense further advance the fundamental principle of European citizenship including non-discrimination and gender equality. __________________ 23 Regulation (EU) No 1260/2013 of the European Parliament and of the Council of 20 November 2013 on European demographic statistics (OJ L 330, 10.12.2013, p.39). 24 Regulation (EC) No 763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses (OJ L 218, 13.8.2008, p. 14).
Amendment 29 #
2016/0257(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Council Regulation (EEC) No 337/75 has been amended several times. Since further amendments are to be made, it should be repealed in the interest of clarity, without deviation from the core thrust of the Regulation and without compromising its original goals.
Amendment 40 #
2016/0257(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of the Agency shall be to assist the CommissionEU institutions and bodies, Member States and social partners in shaping and implementing vocational education and training and skills and qualifications policies. To this end the Agency shall provide evidence, analyses and services for policy making and knowledge sharing amongst and between Union and national actors, in particular governments and social partners.
Amendment 42 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) conduct country specific studies when particular trends have to be observed and analysed;
Amendment 44 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) provide forums for exchange of experiences and information between governments, social partners and stakeholders at national level, offer expertise, guidance and support for the implementation of reforms, and policies at national level;
Amendment 45 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) carry out pilot projects within the meaning of Article 54(2)(a) of the Financial Regulation at the request of the European Parliament, the Council or the Commission;
Amendment 49 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, national or international, public authorities and educational institutions and with workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Training Foundation, Eurofound and EU-OSHA. The Agency shall cooperate as closely as possible with specialised institutions, foundations and bodies in the Member States and, where appropriate, at international level with the ILO and the OECD in related matters.
Amendment 51 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 1 a (new)
Article 2 – paragraph 3 – subparagraph 1 a (new)
Cedefop shall have the resources and means to perform and carry out in an independent and neutral manner its tasks and objectives.
Amendment 55 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d
Article 4 – paragraph 1 – subparagraph 1 – point d
(d) threewo members representing the Commission;
Amendment 58 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) two members representing the European Parliament;
Amendment 61 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organiszations respectively. The CommissionDuring the course of the term for which they are appointed a proposal for replacement by the respective organizations might be presented for the members referred in points (b) and (c). The members referred to in point (d) shall be appoint the members who are to represent ied on a proposal by the Commission submitted to the European Parliament; the proposal shall also be forwarded to the Council for information. The members referred in point (e) shall be independent experts and shall be appointed by the Employment and Social Affairs Committee of the European Parliament.
Amendment 69 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The members of the Management Board are appointed once they have signed their declaration of absence of conflict of interests. Any member who develops a conflict of interest after he/she has been appointed shall remove themselves from the Board immediately. Any member who has discovered not to have declared a conflict of interest shall be removed from the Board immediately and be replaced. Alternates must adhere to the same standards regarding conflicts of interest as full members.
Amendment 71 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendable for a period not exceeding three consecutive terms (12 years). Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 79 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The other two tripartite Agencies, Eurofound and EU-OSHA, shall be observers in the Management Board with one representative each in order to enhance efficiency and synergies and avoid overlaps.
Amendment 82 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 88 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 91 #
2016/0257(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each year, the Executive Director shall, in line with Article 11(5) c, draw up a programming document containing multiannual and annual programming in line with Article 32 of the Commission delegated Regulation (EU) No 1271/20139 and taking into account guidelines set by the Commission. If the annual work programme contains a significant increase in the workload of the Agency then the required additional resources, both financial and human, shall be provided to the Agency. __________________ 9 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 92 #
2016/0257(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Management Board shall adopt a draft programming document and shall forward it to the European Parliament, the Council and the Commission no later than 31 January. By 30 November each year, the Management Board shall adopt the programming document referred to in paragraph 1 and shall forward it to the European Parliament, the Council and the Commission no later than 31 January as well as any later updated version of that document.
Amendment 96 #
2016/0257(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Management Board shall amend the adopted annual work programme when a new task is given to the Agency and related additional financial and human resources shall be secured to the Agency. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme.
Amendment 98 #
2016/0257(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Management Board shall elect a Chairperson and threefour Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the Commission, and one alternating from amongst the representatives appointed by the EMPL Committee on behalf of the Parliament. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights.
Amendment 108 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups referred to in Article 4(5) and one representative of Parliament and the Commission. Each group referred to in Article 4(5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 116 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board. The Executive Director shall exercise, with respect to the staff of the agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment ("the appointing authority powers").
Amendment 117 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point c
Article 11 – paragraph 5 – point c
(c) preparing the programming document and submitting it to the Management Board after consulting the Commission;
Amendment 124 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more local offices in one or more Member States. That decision requires the prior consent of the Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the AgencyBrussels.
Amendment 129 #
2016/0257(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall send the draft estimates to the budgetary authority together with the draft general budget of the Union. The Commission shall send these draft estimates simultaneously to the Agency.
Amendment 140 #
2016/0257(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Agency may establish locala liaison offices in one or more Member States, subject to their consent and in accordance with Article 11(6)Brussels.
Amendment 146 #
2016/0257(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. No later than 5 years after the date referred to in Article 36, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The European Parliament and the Management Board shall be involved in the steering group. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. If new tasks are allocated to the Agency, or if the workload linked to existing tasks increases, related additional financial and human resources shall be secured to the Agency.
Amendment 48 #
2016/0256(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EEC) No 1365/75 has been amended several times. Since further amendments are to be made, it should therefore be replaced and repealed in the interest of clarity, without deviation from the core thrust of the Regulation and without compromising its original goals.
Amendment 62 #
2016/0256(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objectives of the Agency shall be to increase and disseminate knowledge to assist the Commission, other EU institutions and bodies, Member States and social partners in shaping and implementing policies aimed at theto develop and pursue ideas on the medium - and long term improvement of living and working conditions, in supporting employment policies and in promoting the dialogue between management and labourworkers.
Amendment 66 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) The production of the Eurofound surveys shall be maintained in the long- term to secure the continuity of comparative analysis and trends in living and working conditions and labour market developments in Europe. To that effect, sufficient financial and human resources shall be granted to the Agency and earmarked to this purpose. The needed resources shall be re-evaluated according to the evolution of European surveys costs.
Amendment 67 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) prepare analysis of the implications for living and working conditions and labour market developments in the event of a Member State holding a referendum on leaving the European Union, all the while ensuring that Eurofound has the resources needed to do so;
Amendment 69 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) carry out pilot projects and preparatory actions within the meaning of Article 54(2)(a) of the Financial Regulation from a request by the European Parliament, the Council or the Commission;
Amendment 72 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers’ and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies. The Agency shall cooperate as closely as possible with specialised institutions, foundations and bodies in the Member States and, where appropriate, at international level with the ILO and the OECD in related matters.
Amendment 89 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) two independent experts appointed by the Employment and Social Affairs Committee on behalf of the European Parliament as full members of the Management Board and Executive Board who will have full voting rights;
Amendment 102 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The members of the Management Board are appointed once they have signed their declaration of absence of conflict of interests. Any member who develops a conflict of interest after being appointed shall remove themselves from the Board immediately. Any member who is discovered not to have declared a conflict of interest shall be removed from the Board immediately and be replaced. Alternates shall adhere to the same standards regarding conflicts of interest as full members.
Amendment 105 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendable for a period not exceeding three consecutive terms (12 years). Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 110 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
Amendment 118 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 126 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 132 #
2016/0256(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each year, the Executive Director shall, in line with Article 11 (5) c, draw up a programming document containing multiannual and annual programming in line with Article 32 of the Commission delegated Regulation (EU) No 1271/20138 and taking into account guidelines set by the Commission. If the annual work programme contains a significant increase in the workload of the Agency then the required additional resources, both financial and human, shall be provided to the Agency. _________________ 8 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 135 #
2016/0256(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Management Board shall amend the adopted annual work programme when a new task is given to the Agency and related additional financial and human resources shall be secured to the Agency. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.
Amendment 148 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of the Parliament and of the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 157 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Director shall be accountable to the Management Board. The Executive Director shall exercise, with respect to the staff of the agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (“the appointing authority powers”).
Amendment 161 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point c
Article 11 – paragraph 5 – point c
(c) preparing the programming document and submitting it to the Management Board after consulting the Commission;
Amendment 168 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more local offices in one or more Member States. That decision requires the prior consent of Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the AgencyBrussels.
Amendment 174 #
2016/0256(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall send draft estimates to the budgetary authority together with the draft general budget of the Union. The Commission shall send these draft estimates simultaneously to the Agency.
Amendment 181 #
2016/0256(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish locala liaison offices in one or more Member States, subject to their consent andBrussels in accordance with Article 11 (6).
Amendment 193 #
2016/0256(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency’s performance in relation to its objectives, mandate and tasks. The European Parliament and the Management Board shall be consulted in the evaluation. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. If new tasks are allocated to the Agency, or if the workload linked to existing tasks increases, related additional financial and human resources shall be secured to the Agency.
Amendment 42 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) supply the European Union institutions and bodies and the Member States with the objective available technical, scientific, legal and economic information and qualified expertise they require to formulate and implement judicious and effective policies designed to protect the safety and health of workers, including the prevention and anticipation of potential hazards; to that end, provide the European Commission in particular with the technical, scientific, legal and economic information and qualified expertise it requires to fulfil its tasks of identifying, preparing and evaluating legislation and measures in the area of the protection of the safety and health of workers, notably as regards the impact of legislation, the adaptation of legislation to technical, scientific or legislative progress as well as of practical implementation of legislation in enterprises, with particular reference to micro, small and medium- sized enterprises;
Amendment 49 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
(ja) carry out pilot projects within the meaning of Article 54(2)(a) of the Financial Regulation following a request by the European Parliament, the Council or the Commission;
Amendment 56 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Agency shall cooperate as closely as possible with specialised institutions, foundations and bodies in the Member States and, where appropriate, at an international level.
Amendment 65 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 5
Article 4 – paragraph 1 – subparagraph 5
The members referred to in points (b) and (c) shall be appointed on a proposal by their respective groups’ spokespersons on the Committeeorganisations, and may be replaced at the organisation's request.
Amendment 66 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 7
Article 4 – paragraph 1 – subparagraph 7
The Commissionmembers referred to in point (d) shall be appoint the members who are to represent it. ed on a proposal by the Commission and shall be submitted to the European Parliament for confirmation; the proposal shall also be forwarded to the Council for information.
Amendment 72 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The members of the Management Board are appointed once they have signed their declaration of absence of conflict of interest. Any member who develops a conflict of interest after being appointed shall resign immediately. Any member who is discovered not to have declared a conflict of interest shall be removed from the Board immediately and be replaced.
Amendment 74 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. It shall be extendable for a period not exceeding three consecutive terms. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 82 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The other two tripartite Agencies, CEDEFOP and EUROFOUND, shall be observers in the Management Board to enhance efficiency and synergies and avoid overlaps.
Amendment 87 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) adopt and regularly update the communication and dissemination plans, as part of the Agency's programming document, based on an analysis of needs;
Amendment 96 #
2016/0254(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each year, the Executive Director shall, in line with Article 11 (5) c, draw up a programming document containing multiannual and annual programming in line with Article 32 of the Commission delegated Regulation (EU) No 1271/201310 and taking into account guidelines set by the Commission. If the annual work programme contains a significant increase in the workload of the Agency then the required additional resources, both financial and human, shall be provided to the Agency accordingly. _________________ 10 Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
Amendment 97 #
2016/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Management Board shall adopt a draft programming document and shall forward it to the European Parliament, the Council and the Commission no later than 31 January. By 30 November each year, the Management Board shall adopt the final programming document referred to in paragraph 1 and shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year as well as any later updated version of that document. The single programming document contains 3 elements: multi- annual part, annual work programme, budget including human resources.
Amendment 129 #
2016/0254(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall send the draft estimates to the budgetary authority and the Agency together with the draft general budget of the Union.
Amendment 147 #
2016/0254(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations. To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member States
Amendment 43 #
2016/0223(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation respects the fundamental rights and observes the principles recogniszed in particular by the Charter of Fundamental Rights of the European Union (the Charter), the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the Universal Declaration of Human Rights of 1948, the Geneva Convention of 1951 and the additional protocol thereto. In particular this Regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the Charter's Articles relating to human dignity, respect for private and family life, freedom of expression and information, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to asylum, non-discrimination, rights of the child, the enjoyment of social rights including social security and social assistance, health care, and should therefore be implemented accordingly.
Amendment 61 #
2016/0223(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The recognition of subsidiary protection status is a declaratory act.
Amendment 62 #
2016/0223(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) For the purpose of assessing serious harm which may qualify applicants as eligible for subsidiary protection, the notion of indiscriminate violence, in accordance with relevant case law of the European Court of Justice and the European Court of Human rights, should include violence that may extend to people irrespective of their personal circumstance. Factors to be taken into account when determining whether indiscriminate violence exists could include external aggression, occupation, foreign domination, internal conflicts, several violation of human rights or events seriously disturbing public order in the country of origin, or in a part thereof.
Amendment 64 #
2016/0223(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) A person in need of protection because she or he is unable to return to her or his country of origin due to a natural or manmade disaster should also be eligible to qualify for protection under this Regulation.
Amendment 65 #
2016/0223(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this Regulation should comply with the rules laid down by Regulation (EC) No 1030/2002 and Council Regulation (EC) No 2252/2004 respectively.
Amendment 68 #
2016/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) When the refugee status or the subsidiary protection status ceases to exist, the application of the decision by which the determining authority of a Member State revokes, ends or does not renewwithdraws the status should be deferred for a reasonable period of time after adoption, in order to give the third-country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection, such as family reasons, or reasons related to employment or to education, in accordance with relevant Union and national law.
Amendment 79 #
2016/0223(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Calls for gender to be fully mainstreamed into all policies and procedures relating to asylum and migration taking into account the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and with special reference to the accession of the Union to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 80 #
2016/0223(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to take into account, linguistic barriers, diverse socio- economic and cultural backgrounds, disabilities, including psychosocial and mental health well-being in order to tackle discrimination in any grounds;
Amendment 81 #
2016/0223(COD)
(46c) Recalls Article 31 of the Charter of Fundamental Rights of the European Union where it is recognised that workers should benefit from fair and just working conditions independently from having a Union or third-country citizenship and regardless of residing legally or not in the Union;
Amendment 82 #
2016/0223(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Within the limits set out by international obligations, the granting of benefits and social rights with regard to access to employment and social security does not requires the prior issuing of a residence permit.
Amendment 83 #
2016/0223(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 88 #
2016/0223(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to enhance the effective exercise of the rights and benefits laid down in this Regulation by beneficiaries of international protection, it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted, and facilitate their access to integration related rights in particular as regards employment-related educational opportunities, housing, health care and vocational training and access to recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures. As implied by the Reception Directive, by restricting recipients of international protection to work, governments deprive communities of motivated workers, make asylum seekers/refugees vulnerable to exploitation as cheap labour and make the integration process more difficult.
Amendment 89 #
2016/0223(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) Special measures need to be considered with a view to address the practical difficulties encountered by beneficiaries of international protection concerning the authentication of their foreign diplomas, certificates or other evidence of formal qualifications;
Amendment 90 #
2016/0223(COD)
Proposal for a regulation
Recital 49 b (new)
Recital 49 b (new)
(49b) Member States, acting at national, regional and local level, should offer beneficiaries of international protection support and opportunities to integrate and build a life in their new society, which should include accommodation, literacy language courses, intercultural dialogue, education and professional training, as well as effective access to decent jobs.
Amendment 99 #
2016/0223(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In addition, especially to avoid social hardship, it is appropriate to provide beneficiaries of international protection with social assistance without discrimination. However, as regards beneficiaries of subsidiary protection, Member States should be given some flexibility, to limit suchIn order to facilitate their full integration and to avoid any discrimination, Member States should give the same rights to core benefits, which is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance, in so far as those benefits are granted to nationals under national law. In order to facilitate their integration, Member States should as well as bey given the possibility to make the access to certain type of social assistances specified in national law, for both refugees and beneficiaries of subsidiary protection, conditional on the effective participation of the beneficiary of international protection in integration measursocial assistances.
Amendment 105 #
2016/0223(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Beneficiaries of international protection should also enjoy access to goods and services and the supply of goods and services made available to the public, including information and counselling services provided by employment offices.
Amendment 128 #
2016/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) acts of a gender-specific or child- specific nature, such as under-age recruitment, genital mutilation, forced marriage, child trafficking and child labour, domestic violence, violations of economic, social and cultural rights.
Amendment 133 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A third-country national or a stateless person shall be excluded from being a refugeethe scope of this Regulation if:
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. A third-country national or a stateless person shall be excluded from being a refugeethe scope of this Regulation where there are serious reasons for considering that:
Amendment 143 #
2016/0223(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 150 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 156 #
2016/0223(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 159 #
2016/0223(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union.
Amendment 164 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Nas soon as possible, and in any event no later than 30 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002.
Amendment 166 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of threfive years and be renewable thereafter for periods of three years.five years. Members states may issue residence permits of permanent or unlimited validity on terms that are more favourable than those laid down by this Regulation, following Article 13 of council Directive 2003/108/EC
Amendment 173 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 174 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 175 #
2016/0223(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Competent authorities shall issue travel documents to beneficiaries of refugee status, in the form set out in the Schedule to the Geneva Convention and with the minimum security features and biometrics outlined in Council Regulation (EC) No 2252/200445. Those travel documents shall be valid for at least onfive years. _________________ 45 Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1)
Amendment 176 #
2016/0223(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Competent authorities shall issue travel documents with the minimum security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain a national passport. Those documents shall be valid for at least onfive years.
Amendment 178 #
2016/0223(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 182 #
2016/0223(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Competent authorities, where necessary shall facilitate the full access to the activities referred to in paragraph (2)(c) and (d).
Amendment 200 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Amendment 206 #
2016/0223(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 210 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict shall be provided adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that has granted protection. Former international protection applicants who have been receiving medical assistance shall continue receiving treatment after the recognition of their status, for as long as needed.
Amendment 213 #
2016/0223(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Access to healthcare under the same eligibility conditions as nationals of the Member state that has granted protection shall be provided for asylum seekers also in case their application for international protection is refused. In the case there is a risk that a person's health will deteriorate if returned to his or her country of origin or that a person will risk death because of being deprived of healthcare, the Member state shall not return that person and offer him or her assistance and healthcare according to the right to life and the prohibition of torture and inhuman or degrading treatment or punishment stated by articles 2 and 3 of the Charter of Fundamental Rights of the European Union.
Amendment 214 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
As soon as possible after international protection is granted and within five working days at the latest, as outlined in Article 22(1) of Regulation EU no xxx/xxx[Procedures regulation], competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the care and well-being of minors, or by any other appropriate representation including that based on legislation or court order.
Amendment 223 #
2016/0223(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. National dispersal practices of beneficiaries of international protection shall be carried out to the extent possible without discrimination of beneficiaries of international protection and shall ensure equal opportunities regarding access to accommodation.
Amendment 225 #
2016/0223(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate the integration of beneficiaries of international protection into society, beneficiaries of international protection shall have access to integration measures provided by the Member States, in particular language courses, civic orientation and integration programs and vocational training which should be free of charge and easily accessible and shall take into account their specific needs.
Amendment 231 #
2016/0223(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States mayshall make participation in integration measures compulsoryeasily accessible, free of charge and taking into account of the specific needs of the beneficiaries.
Amendment 442 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) that a Member State may decide to apply the discretionary clauses under Article 19, as well as of the specific modalities relating to this procedure;
Amendment 472 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The competent authorities of the Member States shall keep the applicants informed upon their own request on the progress of the procedures carried out under this Regulation with regard to their application. In the case of minors, the competent authorities shall inform both the minor and the guardian.
Amendment 524 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.
Amendment 605 #
2016/0133(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where, on account of pregnancy, a new-born child, serious illness, severe disability, severe trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed in the country of origininsofar as the family ties already existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that the persons concerned expressed their desire in writing.
Amendment 619 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Member State in which an application for international protection is madelodged and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a Member State responsible has been determined , request another Member State to take charge of an applicant in order to bring together any family relations , on humanitarian grounds based in particular on family or cultural considerations even where that other Member State is not responsible under the criteria laid down in Articles 10 to 13 and 18. The persons concerned must express their consent in writing.
Amendment 662 #
2016/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Member State with which the application is lodged shall search the VIS pursuant to Article 21 of Regulation (EC) 767/2008. Where a hit in the VIS indicates that the applicant is in possession of a valid visa or a visa expired less than six months before lodging the first application, the Member State shall indicate the visa application number and the Member State, the authority of which issued or extended the visa and whether the visa has been issued on behalf of another Member State.
Amendment 678 #
2016/0133(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Where a Member State with which an application for international protection has been lodged considers that another Member State is responsible for examining the application, it shall , as quickly as possible and in any event within onthree months of the date on which the application was lodged within the meaning of Article 21(2), request that other Member State to take charge of the applicant.
Amendment 700 #
2016/0133(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Submitting a take back notificationrequest when a new application has been lodged in the requesting Member State
Amendment 703 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In a situation referred to in Article 20(1)(b), (c), (d) or (e) the Member State where the person is present shall make a take back notificationrequest at the latest within two weeks after receiving the Eurodac hit, and transfer that person to the Member State responsible .
Amendment 708 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1 a. Where the take back request is not made within the periods laid down in paragraph 1, responsibility for examining the application for international protection shall lie with the Member State in which the new application was lodged.
Amendment 713 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Member State responsible shall confirm immediately the receipt of the notificationrequest to the Member State which made the notificationrequest.
Amendment 715 #
2016/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back notifications requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 719 #
2016/0133(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Replying to a take back request 1. The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person concerned as quickly as possible and in any event no later than one month from the date on which the request was received. When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks. 2. Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper arrangements for arrival.
Amendment 835 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 30 #
2016/0070(COD)
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,
Amendment 52 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerfair business climate as well as respect for the rights of workers and the improvement of working conditions.
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherrevise the Posting of Workers Directive stillin order to ensure it strikes the right balance between the need to promote the freedom to provide services andensure a fair business climate as well as the need to protect the rights of posted workers.
Amendment 92 #
2016/0070(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Directive is to guarantee the protection of workers and ensure a fair business climate across the EU by safeguarding the principle of equal pay for equal work at the same place of work.
Amendment 93 #
2016/0070(COD)
(5b) In the event no substantial employment relationship can be identified in the listed country of establishment, the applicable terms and conditions of employments should be those of the host Member State, unless these are less favourable to the worker than those of the country of establishment, in which case the latter should apply.
Amendment 94 #
2016/0070(COD)
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5c) The right to collective bargaining and the right to take collective actions, including the right to strike, are fundamental rights recognised in Member States and at Union level. This directive guarantees the exercise of these rights.
Amendment 116 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in the applicable terms and conditions of employment should be those established by the host Member State in accordance with national law and/or practices, without prejudice to terms and conditions of employment which thare wmork is carried oute favourable to the worker. In accordance with the principle of Rome I Regulation, the law of the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationagreement under the law or collective agreements of the host Member State. This should apply from the start of the posting assignment.
Amendment 136 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justifican be restricted by overriding reasons in the public interest and must bethat proportectionate and necessary of workers constitutes such an overriding reason of public interest, including pay clauses in public procurement.
Amendment 159 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation ofthe transport sector, the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addresssupplemented through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal roadworking environment and conditions in the transport marketsector.
Amendment 166 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 187 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of serv, including the definition of, remuneration in accordance with national law and/or practices.
Amendment 214 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicableand/or collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish, in accordance with national law and practice, the constituent elements of remuneration, on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 225 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In accordance with the ILO Recommendation No 198 on the Determination of Employment Relationships, the determination of the existence of such a relationship should be guided primarily by the facts relating to the performance of work and the remuneration of the worker, notwithstanding how the relationship is characterized in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties.
Amendment 234 #
2016/0070(COD)
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross- border provision of services.
Amendment 264 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(–1) In Article 1, paragraph 3, point (b) is amended as follows: "(b) post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided it concerns a genuine provision of service and there is an employment relationship between the undertaking making the posting and the worker during the period of posting; or"
Amendment 267 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(–1) In Article 1, paragraph 3, point c) is amended as follows: "(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided there is an genuine employment relationship between the temporary employment undertaking or placement agency and the worker during the period of postingat least 3 months prior to and during the period of posting and provided the worker temporarily carries out work in a Member State other than in the habitual place of work in accordance with Article 4(3) of Directive 2014/67/EU."
Amendment 272 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
(–1) In Article 1, the following paragraph 4a is added: 4a. This Directive is without prejudice to the competence of the Member States to apply or introduce laws, regulations or administrative provisions, which are more favourable to workers, or to permit or promote the application of collective agreement provisions, which are more favourable to workers.
Amendment 283 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-fourhree months
Amendment 297 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When tThe anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outshall not exceed three months.
Amendment 310 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. The anticipated or the effective duration of posting shall not exceed three months. Where the posting period expires, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 312 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. The applicable terms and conditions of employment shall be those of the Member State to whose territory the worker is posted. This is without prejudice to terms and conditions of employment that are more favourable to the worker.
Amendment 330 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or similar tasks at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 355 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. According to the principle of equal pay for equal work at the same place of work, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory at least the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down:
Amendment 359 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8:
Amendment 362 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point a
Article 3 – paragraph 1 – indent 2 – point a
(a) maximum work periods and minimum rest periods, including specific measures regarding night work, work performed during weekends and holidays and work performed in shifts;
Amendment 382 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) allowances associated with the posting and/or reimbursement of expenditures on travel, board and lodging.
Amendment 398 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration shall be defined by national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 458 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non–discriminatory and proportionate basisshall, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory. This shall not preclude the application of stricter national rules or the introduction of such rules
Amendment 481 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7a (new)
Article 3 – paragraph 7a (new)
(ca) the following paragraph 7a is added: 7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other collective actions, or the right to collective bargaining in accordance with national law and/or practice.
Amendment 486 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 96/71/EC
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 490 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. Prior to posting, the posting company shall transmit information regarding the posting to the competent authority of the Member State to whose territory the worker will be posted. Information shall include inter alia the name of the posted worker, the name of the posting company, the tasks and duties of the posted worker, the place of work, the name of the company where the work is to be carried out, the first day of work and the planned duration of the posting.
Amendment 495 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.paragraph 10 is amended as follows: 10. This Directive shall not preclude the application by Member States, in complior in accordance with the Treaty, to national undertakings and to the undertakingspractice of other States, on a basis of equality of treatment, of: – social partners, terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1Article 3 (1) in the case of social and public policy provisions, – terms and conditions of employment laid down in the collective agre and/or to comply with obligations under international conventions, including provisions for the improvements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexf the protection of workers, equal treatment and the prevention of abusive practices and circumvention of terms and conditions of employment.
Amendment 499 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
(ea) after paragraph 10 the following paragraph 10a is added: 10a. Social and public policy provisions include inter alia pay clauses in public procurement.
Amendment 514 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 516 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/71/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
(2b) in Article 5 paragraph 2 is replaced by the following: They shall in particular ensure that adequate procedures are available to workers and/or theirworkers' representatives for the enforcement of obligations under this Directive."
Amendment 517 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 96/71/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2c) in Article 5 after paragraph 2 the following paragraph 2 a is added: 2a. In the event a posted worker or a posting undertaking do not meet the conditions to be a posted worker or a posting undertaking, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 13 #
2016/0062(NLE)
Motion for a resolution
Citation 7
Citation 7
– having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1951 Convention relating to the Status of Refugees and the principle of non-refoulement, the Convention on the Rights of the Child and the United Nations Convention on the rights of persons with disabilities,;
Amendment 16 #
2016/0062(NLE)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the UN Committee on the Rights of Persons with Disabilities General Comment on Article 6: Women and Girls with Disabilities (adopted 26 August 2016),
Amendment 17 #
2016/0062(NLE)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the 2015 Concluding Observations of the United Nations Committee on the Rights of Persons with Disabilities to the EU calling on the EU to accede to the Istanbul Convention as a way to protect women and girls with disabilities from violence.
Amendment 26 #
2016/0062(NLE)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regards to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women,
Amendment 46 #
2016/0062(NLE)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) and Directive 2004/113/EC on implementing the principle of equal treatment between men and women in the access to and supply of goods and services, which provide for a definition of and condemn harassment and sexual harassment.
Amendment 61 #
2016/0062(NLE)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs study “Knowledge and Know- How: The Role of Self-Defence in the Prevention of Violence against Women”, in particular in relation to the contribution of self-defence training to implementing Art. 12 of the Istanbul Convention,
Amendment 74 #
2016/0062(NLE)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas violence against women is a manifestation of the historically unequal power relations between men and women and adversely affects not only women but society as a whole;
Amendment 83 #
2016/0062(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas the EU must take all necessary measures to promote and protect the right of women and girls to live free from violence in both the public and the private spheres;
Amendment 95 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence are widespread in the EU; whereas further measures are needed to encourage women victims of violence to report and of the most frequent and constantly violation of human rights in the EU; whereas furtheir experiences and seek assistance,measures are needed to and to ensure that they receive appropriate support accordingly to their needs and are informed aboutphysiological and medical support in line with their rightneeds;
Amendment 105 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas women and girls must be thoroughly informed about their rights and the supportive mechanisms in place so that they can seek assistance and report their experiences in order for the perpetrators to be prosecuted;
Amendment 106 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas women victims of violence in the EU are unequally protected against male violence, in terms of information on, access to and provision of shelters, support services and rights, protection or barring orders, helplines, rape crisis centres, etc.;
Amendment 107 #
2016/0062(NLE)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas women and girls with disabilities are not a homogenous group; they include women with multiple disabilities, refugee, migrant, asylum- seeking and internally displaced and indigenous women, women with albinism, women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons), women living in poverty, from different in terms of ethnicity, race and religion backgrounds, lesbian, bisexual and transgender women, as well as intersex persons; whereas the diversity of women with disabilities includes different types of impairments, such as physical, psychosocial, intellectual or sensory conditions that may or may not come with functional limitations;
Amendment 108 #
2016/0062(NLE)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas UNCRPD Article 6, recognises that women with disabilities are subject to multiple discrimination and requires that States parties take measures to ensure the full and equal enjoyment by women with disabilities of all human rights and fundamental freedoms;
Amendment 115 #
2016/0062(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas violence against women is too often considered as a private issue and too easily tolerated; whereas in fact it constitutes a structural violation of fundamental rights and a serious crime that must be punished as such; whereas impunity must end in order to ensure that the perpetrators do not remain unpunished and that women and girls have proper support and recognition by the judicial system so that they can break the vicious circle of silence and, loneliness and marginalisation for women and girls who have been the victims of violence;
Amendment 123 #
2016/0062(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas violence against women involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions and is linked to the unequal distribution of power and financial resources between women and men, to sexism and gender stereotypical ideas of our societies, that have led to domination over and discrimination against women by men and to the prevention of women’s full advancement;
Amendment 124 #
2016/0062(NLE)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas extreme poverty increases the risk of violence and other forms of exploitation that hamper the full participation of women in all areas of life and the achievement of gender equality;
Amendment 125 #
2016/0062(NLE)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas certain groups of the population such as women and girls with migrant background, undocumented migrant women, refugee women and asylum seekers, women and girls with disabilities, lesbian, transgender women and girls, intersex women and girls, Roma women and girls, young women and elderly women, homeless women, women of different religion and race face greater risk of violence due to motives fuelled by sexism coupled with racism, xenophobia, homophobia, transphobia and intersexphobia as well as discrimination based on age, disability, ethnicity or religion.; whereas women in Europe face intersecting and multiple forms of discrimination that prevents them from accessing justice and support and protection services, and from enjoying their fundamental rights;
Amendment 130 #
2016/0062(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas exposure to physical, sexual or psychological violence and abuse has a severe impact on victims and may result in physical, sexual, emotional or psychological harm, or economic loss, while having an impact on their families and relatives, and society as a whole;
Amendment 153 #
2016/0062(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas only a mix of policies combining legislative and non-legislative measures including infrastructural, legal, judicial, cultural, educational, social, health actions can significantly reduce violence against women and gender-based violence and its consequences; whereas cooperation with civil society, and women´s organisations in particular, is also important, as well as, the protection and full enjoyment of social and economic rights , housing and equal participation of women in all areas of society can significantly reduce violence against women and gender-based violence and its consequences;
Amendment 154 #
2016/0062(NLE)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas civil society, in particular, NGOs, women’s associations and where appropriate, other public and private voluntary organisations concerned with the issue of violence against women, play an important role in the effort to combat all forms of violence against women;
Amendment 163 #
2016/0062(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas the Istanbul Convention stresses the importance of changing mentalities and attitudes to break the continuity of gender-based violence; whereas education on equality between women and men, on non-stereotyped gender roles and, on the respect for personal integrity, is therefore required in this regard; whereas, in line with Art. 12 of the Istanbul Convention, gender-sensitive assertiveness and self-defence training has been identified as an efficient tool for reducing victimisation and its negative impacts, challenging gender stereotypes and empowering women and girls;
Amendment 169 #
2016/0062(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in line with article 12 of the Istanbul Convention, gender sensitive assertiveness and self-defence training has been identified as an efficient tool for reducing victimisation and its negative impacts challenging gender stereotypes and empowering women and girls;
Amendment 178 #
2016/0062(NLE)
Motion for a resolution
Recital J
Recital J
J. whereas the ratification of the Convention is meaningless without proper enforcement and, effective implementation and allocation of adequate financial and human resources;
Amendment 183 #
2016/0062(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas extreme poverty increases the risk of violence and other forms of exploitation that hamper the full participation of women and girls in all areas of life and the achievement of gender equality;
Amendment 189 #
2016/0062(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that 4 March 2016 the Commission proposed the EU’s accession to the Istanbul Convention - the first legally binding instrument on preventing and combating violence against women and domestic violence at international level;
Amendment 190 #
2016/0062(NLE)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the Istanbul Convention should place male violence against women as a core focus of the Convention, while also addressing all gender-based violence by tackling violence motivated by an intersection of various grounds, including sexual orientation, gender identity and gender expression; underlines the importance of strategic measures to proactively combat gender stereotypes and counter patterns of patriarchy, racism, sexism, hate incidents, homophobia and transphobia, as well as gender normativity and heteronormativity;
Amendment 200 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms ofpsychological and physical violence, stalking, sexual harassment, sexual violence, rape, prostitution, forced marriage, female genital mutilation, forced sterilisation, forced continuation of pregnancy to term and forced abortion and other forms of sexual and reproductive coercion and violence, which constitute a serious violation of the human rights and dignity of women and girls;
Amendment 203 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the denial of sexual and reproductive health and rights services, including safe and legal abortion, amounts to a grave breach of fundamental human rights and an extreme form of violence against women and girls; underlines that women and girls must have control over their bodies and sexualities, calls on all the Member States to guarantee comprehensive sexuality education, ready access for women to family planning and the full range of reproductive and sexual health services, including modern contraception and safe and legal abortion;
Amendment 212 #
2016/0062(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Istanbul Convention followoffers a holistic approach, comprehensive and coordinated approach placing the rights of the victim at the epicentre by addressing the issue of violence against women and girls and, gender- based and domestic violence from a wide range of perspectives, such as the prevention of violence, the fight against discrimination, criminal law measures to combat impunity, victim protection and support, the protection of children, the protection of women asylum seekers and refugees, and better data collection;
Amendment 213 #
2016/0062(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the Istanbul Convention provides a sound basis for changing the social structures that create, legitimate and perpetuate violence against women, and provides tools for the introduction of measures to that effect; Highlights that the Convention addresses prevention, protection and prosecution simultaneously (three tiered approach) and a comprehensive and co-ordinated approach, stemming from the principle of due diligence which establishes the positive obligation for States to respond effectively to all acts of violence (Article 5 of the Convention;
Amendment 217 #
2016/0062(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the EU accession will provide a coherent European legal framework to prevent and combat violence against women and gender-based violence and to protect and support victims in the EU’s internal and external policies; emphasises that the EU accession will also bring about better monitoring, interpretation and implementation of EU laws, programmes and funds relevant to the Istanbul Convention as well as betterimproved collection of comparable disaggregated data at EU level;
Amendment 226 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
(b) To askurge the Member States to swiftly ratify and implement the Istanbul Convention;
Amendment 242 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point f
Paragraph 5 – point f
(f) To make sure that the Member States enforce the Istanbul Convention and allocate adequate financial and human resources to empower women and girls, to preventing and combating violence against women and gender-based violence and to the protection of victims;
Amendment 244 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point f a (new)
Paragraph 5 – point f a (new)
(fa) Appoint an EU Coordinator to end violence against women and girls to act as representative of the EU to the Committee of the parties at the Council of Europe once the Istanbul Convention is ratified by the EU;
Amendment 245 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point f b (new)
Paragraph 5 – point f b (new)
(fb) Urge the Commission to come forward with a holistic EU Strategy on combating violence against women and girls and gender-based violence, a Strategy that includes a comprehensive plan to combat all forms of gender inequalities and integrate all efforts to eradicate violence against women and girls;
Amendment 246 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point f c (new)
Paragraph 5 – point f c (new)
(fc) Urge the Commission to come forward with a holistic EU Strategy on combating violence against women and girls and gender-based violence, a Strategy that includes a comprehensive plan to combat all forms of gender inequalities and integrate all efforts to eradicate violence against women and girls;
Amendment 259 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point h
Paragraph 5 – point h
(h) To ensure appropriate training, guidelines and protocols for all the professionals dealing with the victims of all acts of violence covered by the scope of the Convention to avoid discrimination or re-victimisation during judicial and police, police and medical treatment proceedings;
Amendment 277 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point j
Paragraph 5 – point j
(j) To actively promote a change in attitudes and behaviours as well as, harmful to women cultural beliefs and practices, and combat gender stereotypes and sexism, making concerted efforts to encourage everyone, including men and boys, to play an active part in preventing all forms of violence;
Amendment 289 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k
Paragraph 5 – point k
(k) To implement the provisions of the Istanbul Convention on migration and asylum, taking into account the fact that migrant women, whether properly documented or not, and women asylum- seekers are particularly vulnerable to gender-based violence and that gender based violence may beis recognised as a form of persecution in the terms of the 1951 Refugee Convention and CEDAW general recommendation 32 on Refugee Women; Ensure that Member States respect a gender-sensitive approach in all asylum and reception procedures and respect the principle of non-refoulement;
Amendment 296 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point l
Paragraph 5 – point l
(l) To improve and promote better the collection of relevant disaggregated datacomparable data, including data of gender, age, perpetrator, relationship between victim(s) and perpetrator(s), on cases of violence of all kinds covered by the Istanbul Convention, in cooperation with the EIGE Institute, in order to build a common methodology to compare data bases and analysis, ensuring a better understanding of the problem, and to raise awareness, assess and improve Member States’ action to prevent and combat violence against women.
Amendment 298 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point l a (new)
Paragraph 5 – point l a (new)
(la) To improve and promote the provision of empowering, gender-sensitive assertiveness and self-defence training for all women and girls throughout the European Union as an effective means of combating gender stereotypes and of preventing gender-based violence, in line with Art. 12 of the Istanbul Convention;
Amendment 299 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point l a (new)
Paragraph 5 – point l a (new)
(la) Ensure that Istanbul Convention Article 3, paragraph (f) definition of “woman” that includes girls under 18, is mainstreamed without prejudices to girls, through all child policies and programmes and applied in all data collection and monitoring on violence against women.
Amendment 300 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point l b (new)
Paragraph 5 – point l b (new)
(lb) Reasserts its call to the Commission for a comprehensive EU strategy on preventing and combating gender-based violence, which should contain a binding legislative act and a sufficient budget, enabling to take effective actions to eradicate violence against women and girls;
Amendment 15 #
2015/2330(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- Having regard to its resolution of 16 January 2014 on an EU Homelessness Strategy;
Amendment 34 #
2015/2330(INI)
Motion for a resolution
Recital A
Recital A
A. whereas unemployment has been diminishing since 2013 thanks to supportive macroeconomic policies and the impact of structural reforms; whereas it nevertheless remains too high, currently affecting 9.9 % of active citizremains too high, currently affecting 9.9 % of active citizens, i.e. 23 million Europeans, about half of them being long-term unemployed; whereas unemployment has been diminishing since 2013 only gradually due to the persisting macroeconomic austerity regimes and structural reforms in many Member States that hamper large-scale public investmenst, i.e. 23 million Europeans, about half of them being long-term unemployedweaken social dialogue, destabilise labour markets, dismantle social security and perpetuate social exclusion;
Amendment 65 #
2015/2330(INI)
Motion for a resolution
Recital C
Recital C
C. whereas many Member States cut funding in the education sector, hampering quality education, putting pressure on pay and working conditions of teachers, and increasing precarious contractual arrangements for teachers and employees in the education sectors; whereas about 20 % of active citizens in the EU have only basic skills while 39 % of companies have difficulty finding staff with the required skills, whereas low educational level is one ofand a lack of comprehensive social inclusion measures are the key causes of young people becoming NEETs;
Amendment 73 #
2015/2330(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although atypical or non- standard forms of employment do not in themselves constitute precarious work, it is more likely to be foundare continuously increasing, especially in Member States that implemented labour market reforms with a negative effect on worker's rights; whereas contracts of this nature apply, albeit such contracts account for a minority of existing employment relationshipsre one of the root causes of precarious work, as they are often fix-termed and occur with no sufficient protection against dismissal, a lack of social security, insufficient contributions to pension schemes, and the absence of works council and trade union representation;
Amendment 129 #
2015/2330(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Commission’'s Annual Growth Survey (AGS) underlines the need to pay more attention to social fairness in the context of the new macroeconomic adjustment programmes,; Deplores that the addinged three social indicators (activity rate, youth unemployment and long-term unemployment) in the 2016 Alert Mechanism Report have no triggering effect and therefore are at risk of not preventing the further dismantling of social standards; calls for the inclusion of social indicators that trigger concrete measures for inclusive growth and the eradication of poverty; stresses that the need to invest in social development is not just a means of guaranteeing that economic growth and convergence can be achieved, but must also be a specific target in itself;
Amendment 154 #
2015/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to fospromoter, at Member State level, a broader investment strategy for the full cycle of education and training, encompassing all sectors of lifelong learning, work-based and workplace learning, formal and non- formal learning, and to foster forms of cooperation involving governments, enterprises, educational institutions and social partners, with a view to adapcreating Member States’inclusive education and training systems to the needs offor a successful access to the labour market;
Amendment 172 #
2015/2330(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission´s proposal to enhance the Youth Guarantee at national, regional and local level, and stresses its importance for school-to-work transitions; stresses the need to guarantee suitable forms of collaboration between public and private employment services, and social support services; emphasises the need to ensure that the Youth Guarantees reaches young people facing multiple exclusions and extreme poverty;
Amendment 191 #
2015/2330(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises the urgent need to ensure that the EU's efforts to fight poverty and social exclusion are at the core of its growth strategy; calls on the Commission and Member States to actively address the growing number of people facing extreme housing exclusion and homelessness, which are currently not captured by indicators used to measure the EU poverty target, but nevertheless represent an alarming social reality, affecting at least 4 million people every year; is concerned by the fact that 22,348,834 households, or 11% of the population, in the EU are facing housing cost overburden and a further 10.5 million households suffer severe housing deprivation;
Amendment 204 #
2015/2330(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EU continues to suffer from structural social problems that need to be addressed urgently, pointing up the need to continue prioritising investment, structural reformsprioritise large-scale public investment, socially progressive reforms (like the invention of an EU target for minimum wages to provide for a remuneration of at least 60 % of the respective national average wage, accompanied by an EU target for minimum income schemes providing income support of at least 60 % of national median equalised income), and responsible fiscal consolidation, thus reinforcing a favourable economic environment for business with a view tothe creatingon of more quality jobs while re-balancing the social and economic dimensions; stresses that those priorities will only be achieved if investment in human capital is prioritised as a common strategy;
Amendment 229 #
2015/2330(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considering that flexicurity contributes to avoidingObjects to the Commission's attempt to re-introduce the failed flexicurity concept, as more flexibility led to more labour market fragmentation and promoting the creation of more quality jobs, more precarious work and a re-commodification of labour, permanent uncertainty for employees, psychological stress, and the hampering of a stable life planning and a decent family life; calls on the Member States to modernise their employment protection legislation in order to guarantee more stability inhigh quality jobs with dismissal protection, high quality public services for the transitions between jobs, as well as employees’' access to high standards of social security and welfare rights; calls on the Commission to step up monitoring of the abusive practice of successive fixed- term contracts, in both private and public sectors;
Amendment 247 #
2015/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to gradually shift taxes from labour to other sourcesand consumption to capital and property, and to implement tax rules that foster incentives to entrepreneurship and employment creation, especially for highly qualified young people, in order to boost research and innovation projects within European enterprises;
Amendment 262 #
2015/2330(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to modernise their current social protection systems, in order to guarantee their sustainability in the face of expected ageing; considers that pension schemes should be linked not only to life expectancy but aa holistic approach for a new inclusive, demand driven growth model, including: - income support sufficient to avoid social exclusion and income poverty; - inclusive labour markets with comprehensive support for disadvantaged groups; - better access to quality services, especially for the most disadvantaged (like the rising number of homeless people in the EU, Roma, single-parent households, elderly, NEETs, and refugees); - strategies to end homelessness; - strategies to end child poverty; - gender mainstreaming, - anti-discrimination and active participation of those people affected in policy design; considers that pension schemes should be linked to various economic, social and labour factors, such as the consideration of long-term effects of different job profiles on the physical and mental health of employees, life expectancy, future productivity growth, decent wage levelso to other social and labour factors, while not jeopardisinghat allow contributions to pension schemes allowing a decent revenue when employees reach pension age, and immigration policies with a focus on fast social and economic integration measures, in order to stabilise the sustainability of public finances;
Amendment 269 #
2015/2330(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to examine the persistrengthen efforts to eradicate the gender pay gap and to take more active measures to strence of low fertility rates in the EUgthen women's participation in the labour market, such as investment in child and elderly care, adequate maternity and paternity leave provisions and the access to social services; cCalls on the Commission and the Member States to promote family-friendly policies that enhance parents’' capacity to ensure their children’'s wellbeing; encourages the Member States to consider applying more favourable fiscal differentiation in line with the number of children in a family;
Amendment 364 #
2015/2330(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States to implement and monitor more efficientinclusive forms of social protection systems and income support, in order to ensure that these systems offer a minimumdecent standard of living for the unemployed and those at risk of social exclusion, while guaranteeing that such mechanisms do not perpetuate social dependency and constitute an incentive to education ordevelop integrated strategies to tackle homelessness and housing exclusion, while guaranteeing that such mechanisms provide access to education and training and opportunities to entering the joblabour market;
Amendment 373 #
2015/2330(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on theall Member States to agree on a common policy for the welcoming of refugees and to implement the necessary national measures for their inclusion of refugees; stresses that such an approach will require the allocation of funds that, in so fragile a situation, cannot be provided solely by Member States; calls on the Commission to provide the funding required to develop such a strategy as part of the Multiannual Financial Framework (MFF); calls on the Commission and the Member States to invite the social partners to play a key role in the common task of integrating migrants and refugees into the labour market, to cut the waiting period before asylum seekers are allowed to work to a minimum, to develop mechanisms for the fast recognition of skills and competences, to introduce labour market policies that offer language courses, training and consultation, to develop a framework to guarantee decent work and equal treatment, and to prevent a drift of immigrants and refugees into undeclared work;
Amendment 388 #
2015/2330(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to work together on removing the obstacles to fairrights-based, socially secure and voluntary labour mobility, ensuring that EU mobile workers are not treated abusively; calls, therefore, for a full implementation of the principle of equal pay for equal work (and work of equal value) at the same work place, and for respect for collective agreements; rejects any attempt of Member State governments or the Commission to discriminate workers from EU or third countries by excluding them from in-work benefits; rejects any attempt to revise the regulations 883/2004 and 987/2009 in a way that reduces access of EU and EFTA citizens to social benefits;
Amendment 405 #
2015/2330(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Rejects the establishment of National Competitiveness Boards as new bureaucratic institutions to interfere in collective bargaining at national level;
Amendment 29 #
2015/2321(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Geneva Convention came into being to protect European refugees after the Second World War, and it defines who is a refugee and lays down a series of refugee rights, along with the obligations of states;
Amendment 32 #
2015/2321(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas there are three types of legal status benefiting or potentially benefiting from international protection, i.e. people with refugee status, people seeking asylum and people benefiting from subsidiary protection; whereas social inclusion and labour market integration policies should be tailored to their specific needs;
Amendment 63 #
2015/2321(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas refugees are individuals with their own skills, training, knowledge, working and living experiences that deserve recognition; whereas they can undertake and generate economic activity that will bring positive returns for host communities;
Amendment 67 #
2015/2321(INI)
Db. whereas women and minors, both refugees and asylum seekers, have specific protection needs; whereas all social inclusion and labour market integration policies need to include a gender and child protection perspective;
Amendment 108 #
2015/2321(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fact that in order to facilitate the social inclusion and integration of refugees into the labour market, it is necessary to address serious and multi-faceted issues such as discrimination, racism, xenophobia, labour market segmentation, linguistic barriers, diverse socio-economic and cultural backgrounds, poor diversity management in companies, health needs, including psychosocial and post-trauma support, family reunification and the significant share of disadvantaged groups among refugees, in particular worrying numbers of children, including unaccompanied children, people with disabilities, the elderly, LGTBI people, trafficking victims, people with mental health problems and women1; _________________ 1 http://www.keepeek.com/Digital-Asset- Management/oecd/social-issues-migration- health/making-integration-work- humanitarian-migrants_9789264251236- en.
Amendment 131 #
2015/2321(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates the importance of recognising the gender dimension of refugee status determination2, the needs of women who apply for international protection and the specific social inclusion and labour market integration challenges that women face; calls for gender to be fully mainstreamed into all policies and procedures relating to social inclusion, labour integration, asylum and migration; _________________ 2 EP Draft Report: http://www.europarl.europa.eu/sides/getDo c.do?pubRef=- %2F%2FEP%2F%2FNONSGML%2BCO MPARL%2BPE- 571.702%2B01%2BDOC%2BPDF%2BV0 %2F%2FEN.
Amendment 136 #
2015/2321(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the particular needs of the most vulnerable people, who are exposed to greater risks of poverty and social exclusion, such as women, pregnant women, single-parent families, LGTBI people, minors, young people, elderly people, immigrants, sick people and people with disabilities;
Amendment 141 #
2015/2321(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that granting refugees access to fundamental rights (housing, health, education, social protection) and the labour market is important in order to restoringe their human dignity and self-worth and is also cost-efficient, as it would allow them to be self-sufficient and to gain economic independence, which is an essential step for their inclusion into society, and a responsible approach towards public finances, easing the cost borne by Member States while also enabling them to become active fiscal contributors, which is generally considered beneficial for their individual growth, development and self- esteem, and for the host society and community as a whole;
Amendment 172 #
2015/2321(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the fact that labour market conditions within host countries are a determining factor for the successful and durable integration of refugees; stresses the difficulties arising from origin- and gender-based labour segmentation in the EU; points out that unemployment in the EU, in particular youth unemployment, is still at alarming levels, and that the Commission and the Member States should continue to prioritise policies and investments aimed at quality job creation for the whole of society, with a particular focus on the most vulnerable people and economic growth;
Amendment 180 #
2015/2321(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for an early, fair, transparent and free-of-charge assessment of refugees and asylum seekers’ formal and non-formal skills, as well as recognition, validation and approval of their qualifications, in order to develop tailored measures allowing them to make full use of their potential, and to match labour supply and demand in the host countrieaction to facilitate access to active employment policies, with particular regard to training and employment guidance, and measures to guarantee access to the labour market and non-discriminatory working conditions;
Amendment 191 #
2015/2321(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to draw up, implement and assess inclusive, integrated and specific social inclusion and labour market integration policies for refugees, beneficiaries of subsidiary protection and asylum seekers;
Amendment 204 #
2015/2321(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes, in this context, the Commission’s decision to take into account the budgetary impact of the exceptional inflow of refugees related to extraordinary expenditures for Member States under the preventive and corrective arm of the Stability and Growth Pact when assessing possible temporary deviations from the SGP requirements10; takes the view, nevertheless, that policies geared to cuts to public investment arising from the SGP should be reversed and investment with a high potential for creating high-quality jobs should be excluded from the public deficit calculations; stresses the need for a change in the production model to promote a transition to a more social and ecological model; _________________ 10 http://europa.eu/rapid/press-release_IP- 15-6067_en.htm
Amendment 215 #
2015/2321(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the fact that the principles of equal treatment and, equal opportunities and gender equality should always be ensured when designing and implementing social inclusion and integration policies and measures;
Amendment 264 #
2015/2321(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes President Juncker’s statement13 in the State of the Union 2015 address affirming his support for granting asylum seekers access to the labour market while their applications are being processed; regrets, however, the lack of resolve shown by the Commission in implementing the decisions taken; is concerned at the decision taken by some Member States to close their internal borders or introduce temporary border controls, jeopardising freedom of movement within the Schengen area; _________________ 13 http://ec.europa.eu/dgs/home- affairs/what-we-do/policies/european- agenda-migration/proposal- implementation- package/docs/communication_on_managin g_the_refugee_crisis_en.pdf http://ec.europa.eu/dgs/home-affairs/what- we-do/policies/european-agenda- migration/proposal-implementation- package/docs/communication_on_managin g_the_refugee_crisis_es.pdfhttp://europa.e u/rapid/press-release_SPEECH-15- 5614_en.htm
Amendment 266 #
2015/2321(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets the fact that the September 2015 agreement on sharing refugees among the Member States is not being implemented satisfactorily; stresses that the quotas for receiving refugees are not being met in the majority of the Member States; urges the Commission and Member States to implement the agreements as swiftly as possible and speed up the processes of receiving and resettling refugees;
Amendment 338 #
2015/2321(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to ensure early and easy access to quality training, including internships, in order to ensure full integration into our societies and the labour market, taking into consideration, on an individual basis, the refugees’ existing skills and competences, talents and know-how;
Amendment 341 #
2015/2321(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to promote awareness-raising campaigns for host communities and local, regional and national authorities, with the aim of combating discrimination, xenophobia and racism;
Amendment 353 #
2015/2321(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Member States to implement measures linked to promoting refugees’ labour market integration by promoting training and placement enterprises, the collaborative economy, self-employment and the social and solidarity-based economy;
Amendment 361 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 – subparagraph 1
Paragraph 28 – subparagraph 1
Stresses the need for the Commission and the Member States to step up their efforts in fighting all forms of discrimination, xenophobia and racism, including by raising awareness of anti-discrimination laws and by supporting civil society organisations, spartners and locial partners, regional and Nnational Eequality Bbodies in their work;
Amendment 362 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 – subparagraph 1 a (new)
Paragraph 28 – subparagraph 1 a (new)
Calls on the Commission to devise a specific labour integration instrument geared to refugees and asylum seekers, such as a European initiative, with a sufficient budget to implement policies and measures that will foster their social and labour inclusion;
Amendment 1 #
2015/2258(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas one out of 10 individuals with disabilities, approximately 80 million people, face obstacles every day regarding their right to access education, employment, and goods and services in the EU; whereas of these 80 million, women and girls count for 46 million, some 16% of the total female population of the EU;
Amendment 2 #
2015/2258(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the demographic and social changes in EU grow the demand for social services, whereas these changes combined with high rates of unemployment, poverty and social exclusion, lack of available quality services for persons with disabilities, set obstacles to the right of persons with disabilities to live independently, inclusively and on an equal basis;
Amendment 3 #
2015/2258(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas in the UN Convention on the Rights of Persons with Disabilities it is recognised that girls and women with disabilities are at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation;
Amendment 4 #
2015/2258(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the UN Convention on the Rights of Persons with Disabilities stresses the need to incorporate a gender perspective in all efforts and to promote the full enjoyment of human rights and fundamental freedoms by persons;
Amendment 5 #
2015/2258(INI)
Motion for a resolution
Recital Α
Recital Α
Amendment 5 #
2015/2258(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas equal treatment and positive measures and policies for women with disabilities and mothers of children with disabilities is a fundamental human right and an ethical obligation;
Amendment 6 #
2015/2258(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas nearly 80% of women with disabilities are victims of psychological and physical violence and whereas the risk of sexual violence is greater for them than for other women; whereas women and girls with disabilities are exposed to multiple discrimination arising from gender inequalities, age, religion, ethnicity, cultural and social behaviour and disability stereotypes that need to be tackled;
Amendment 7 #
2015/2258(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas women and girls with disabilities are more likely to become victims of violence, especially of domestic violence and sexual exploitation, and estimates show that women with disabilities are 1,5 to 10 times more likely to be abused than non-disabled women;
Amendment 8 #
2015/2258(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the CRPD is the first international human rights treaty ratified by the EU, which has also been signed by all 28 EU Member States and ratified by 25 Member States excluding Finland, Ireland and the Netherlands;
Amendment 8 #
2015/2258(INI)
Draft opinion
Recital A h (new)
Recital A h (new)
Ah. whereas there are diverse groups of persons with disabilities and some groups, such as women with disabilities, face additional difficulties and multiple discrimination; whereas discriminations can lead to social isolation and insulation, psychological trauma and unhappiness;
Amendment 9 #
2015/2258(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
Ai. whereas, due to demographic and societal changes, there is increased demand for domestic workers and carers, and in particular on family domestic workers and carers; whereas care for disabled and dependent people is usually carried by women of the family, often leading to exclusion from the labour market;
Amendment 10 #
2015/2258(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 10 #
2015/2258(INI)
Draft opinion
Recital A j (new)
Recital A j (new)
Aj. whereas women with disabilities, especially migrants, are at greater risk of poverty and social exclusion due to multiple discrimination on the grounds of sex, race, nationality and disability;
Amendment 11 #
2015/2258(INI)
Draft opinion
Recital A k (new)
Recital A k (new)
Ak. whereas the employment rate for women without disabilities is 65%, compared with 44% for women with disabilities; whereas women with disabilities are often discriminated against by comparison with men with disabilities when it comes to access to employment and education; whereas the high rate of unemployment among people with disabilities remains unacceptable; whereas women and girls with disabilities encounter greater difficulties in entering the labour market, making it harder for them to lead ordered and independent lives; whereas barriers to mobility as well as higher dependence on family members and carers need to be overcome in order to encourage their active participation in education, the labour market and the social and economic life of the community;
Amendment 12 #
2015/2258(INI)
Draft opinion
Recital A l (new)
Recital A l (new)
Al. whereas paid employment is crucial to enabling persons with disabilities having an independent life and supporting their family and household; whereas women and girls with disabilities often face underpayment; whereas this vulnerable group of people are more likely to suffer poverty and are at a greater risk of social exclusion;
Amendment 13 #
2015/2258(INI)
Draft opinion
Recital A m (new)
Recital A m (new)
Am. whereas the economic crisis, the austerity measures and the cuts imposed in social services and health care in most EU Member States led to detrimental consequences for the vulnerable groups of the EU population, especially for the persons with disabilities and their families that are disproportionately affected by austerity measures, and in particular for women and girls with disabilities;
Amendment 14 #
2015/2258(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas children with disabilities have the rights to live in (their) families or family environment in line with their best interest;
Amendment 14 #
2015/2258(INI)
Draft opinion
Recital A n (new)
Recital A n (new)
An. whereas children with disabilities face significant barriers to enjoying their fundamental rights;
Amendment 15 #
2015/2258(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas children with disabilities are 17 times more likely to live in an institution than their peers without disabilities, where their risk of violence, neglect and abuse is much higher than when living at home;1a __________________ 1aFRA Report: Violence against children with disabilities: legislation, policies and programmes in the EU, http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-violence-against- children-with-disabilities_en.pdf
Amendment 15 #
2015/2258(INI)
Draft opinion
Recital A o (new)
Recital A o (new)
Ao. whereas children with disabilities are often excluded from society, sometimes living in institutions or other facilities far from their families;
Amendment 16 #
2015/2258(INI)
Draft opinion
Recital A p (new)
Recital A p (new)
Ap. whereas children with disabilities are denied access to basic services, such as health care and education, and endure stigma and discrimination, as well as sexual, physical and psychological violence;
Amendment 17 #
2015/2258(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Amendment 17 #
2015/2258(INI)
Draft opinion
Recital A q (new)
Recital A q (new)
Aq. whereas children with disabilities are less likely to attend school, thus experiencing limited opportunities for human capital formation and facing reduced employment opportunities and decreased productivity in adulthood;
Amendment 18 #
2015/2258(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas disability is a cause and consequence of poverty and approximately 30% of the homeless population have a disability and are at risk to be overlooked;1a __________________ 1aVan Straaten et al (2015). Self-reported care needs of Dutch homeless people with and without a suspected intellectual disability: a 1.5-year follow-up study, In: Health Soc Care Community 2015 Oct 1. Epub 2015 Oct 1.
Amendment 18 #
2015/2258(INI)
Draft opinion
Recital A r (new)
Recital A r (new)
Ar. whereas children with disabilities are denied access to basic services, such as health care and education, and endure stigma and discrimination, as well as sexual, physical and psychological violence;
Amendment 19 #
2015/2258(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas an estimated 80% of persons with disabilities live in developing countries;1a __________________ 1a World Report on Disability, 2011.
Amendment 19 #
2015/2258(INI)
Draft opinion
Recital A s (new)
Recital A s (new)
As. whereas people with disabilities are more likely to be unemployed and generally earn less even when employed; whereas both employment and income outcomes appear to worsen with the severity of the disability;
Amendment 20 #
2015/2258(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas the EU supports the promotion of the rights of persons with disabilities at the international level, and is the world’s biggest donor of Official Development Assistance (ODA);
Amendment 20 #
2015/2258(INI)
Draft opinion
Recital A t (new)
Recital A t (new)
At. whereas it is harder for people with disabilities to benefit from development and escape from poverty due to discrimination in employment, limited access to transport, and lack of access to resources to promote self-employment and livelihood activities;
Amendment 21 #
2015/2258(INI)
Draft opinion
Recital A u (new)
Recital A u (new)
Au. whereas people with disabilities may have extra costs resulting from disability – such as costs associated with medical care or assistive devices, or the need for personal support and assistance – and thus often require more resources to achieve the same outcomes as non- disabled people;
Amendment 22 #
2015/2258(INI)
Draft opinion
Recital A v (new)
Recital A v (new)
Av. whereas households with a disabled member are more likely to experience material hardship – including food insecurity, poor housing, lack of access to safe water and sanitation, and inadequate access to health care;
Amendment 24 #
2015/2258(INI)
Motion for a resolution
Recital Η
Recital Η
Amendment 25 #
2015/2258(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas disability can be caused by a gradual and sometimes invisible degradation of the state of health of an individual, as is the case for people with neurodegenerative or rare diseases; 2Or. en
Amendment 26 #
2015/2258(INI)
Motion for a resolution
Recital Η a (new)
Recital Η a (new)
Ha.taking into account the collapse of welfare and social protection systems in the countries ravaged by the financial crisis and forced to pursue austerity programmes which have a particularly serious impact on persons with disabilities;
Amendment 26 #
2015/2258(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Endorses the conclusions and recommendations of the Committee on the Rights of Persons with Disabilities and stresses the need for the EU institutions and Member States to work closely in order to agree on a common European packet of rights and minimum basic allowances and social benefits that would be guaranteed for the persons with disabilities and their families, across all EU Member- States; Furthermore calls on the Member States to incorporate the perspective of women and girls with disabilities into their policies, programmes and strategies on gender equality, and for gender mainstreaming in their strategies on disability;
Amendment 27 #
2015/2258(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that achieving full inclusion and equal participation for persons with disabilities requests human-rights-based approach policies and measures at all levels of EU policymaking, implementation and monitoring, including intra-institutionally, and whereas the Commission must have due regard to this in future proposals;
Amendment 28 #
2015/2258(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the EU, as a party to the CRPD, has the duty to ensure the close involvement and active participation of persons with disabilities and their representative organisations in the development and implementation of legislation and policies to implement the Convention and in all decision making processes concerning issues that relate to persons with disabilities;
Amendment 29 #
2015/2258(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Regrets that the European Disability Strategy 2010-2020 does not include an integrated gender perspective or a separate chapter on gender-specific disability policies, despite the fact that women with disabilities often find they are at a greater disadvantage than men with disabilities and are more often at risk of poverty and social exclusion;
Amendment 31 #
2015/2258(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Member States to apply gender mainstream approach in policies and measures for women and men, girls and boys with disabilities and in their implementation in all areas, especially regarding integration in the workplace, education and anti-discrimination;
Amendment 32 #
2015/2258(INI)
Motion for a resolution
Recital Η b (new)
Recital Η b (new)
Hb. taking into account the humanitarian crisis created by the ineffective European response to the refugee flows that have also brought to Europe many people with disabilities who face exceptional mobility problems that make them the easiest prey of traffickers;
Amendment 33 #
2015/2258(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Shares the view that women and girls with disabilities can only enjoy equal rights if gender justice is realised; Underlines that independent living, social inclusion and participation of women and girls with disabilities can only be achieved if the remaining obstacles are removed; Reminds Member States that discrimination on the grounds of disability is forbidden, and calls on the governments to step up the necessary actions in order to remove the remaining obstacles and to ensure accessible administration and services to persons with disabilities, especially to women and girls, as to people without disabilities; Furthermore, calls on the Commission and the Member States, given the current lack of precise provisions, to incorporate provisions for women with disabilities in the social protection system;
Amendment 34 #
2015/2258(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Urges the Commission and the Member States to develop adequate policies and apply measures to a full range of policy areas, fostering their independent living and full inclusion; Calls on the Commission, therefore, to collect and disseminate updated statistical data on disability, disaggregated by age and gender, in order to monitor the situation of persons with disabilities in the EU;
Amendment 35 #
2015/2258(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on the Commission to ensure that all persons with disabilities can enjoy the right to free movement held by all EU citizens by including in current and future legislation the guarantee to equal opportunities, fundamental rights, equal access to services and the employment market, and the same rights and obligations in accessing social security as nationals of the Member State in which they are covered, in line with the principle of equal treatment and non- discrimination; furthermore, in terms of equality in employment, calls on the Member States to fully comply with the provisions of EU Gender Equality Recast Directive (2006/54/EC);
Amendment 36 #
2015/2258(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Reiterates the importance that access to decent living conditions, in terms of housing, mobility, access to public and social services, or participation in public life for people with disabilities is ensured;
Amendment 37 #
2015/2258(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Reconfirms its belief that women with disabilities must be guaranteed joint or individual access to social housing schemes and be provided with grants for the removal of obstacles to their mobility within the home, a facility which should also be extended to those living in rented accommodation;
Amendment 38 #
2015/2258(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to launch extensive information campaigns to promote a better understanding of the problems of persons with disabilities so that decisions concerning their rights are taken in an environment that understands their real needs;
Amendment 38 #
2015/2258(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Stresses the importance of integrating women with disabilities into standard education and professional systems in all cases where the disability allows for such integration;
Amendment 39 #
2015/2258(INI)
Draft opinion
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Highlights the need to support disabled migrant women and girls in order to develop skills that would give them opportunities to obtain suitable employment;
Amendment 40 #
2015/2258(INI)
Draft opinion
Paragraph 1 k (new)
Paragraph 1 k (new)
1k. Considers that persons with disabilities, especially women and girls, must be allowed to enjoy their sexuality as freely as people without impairments, and considers that women with disabilities must be able to live and fulfil their wish either to have or not to have children, as women without disabilities do;
Amendment 41 #
2015/2258(INI)
Draft opinion
Paragraph 1 l (new)
Paragraph 1 l (new)
1l. Stresses that girls and women with disabilities should have access to enjoy full sexual and reproductive rights and to education on sexuality, given by professionals who are experts in the field; Considers it therefore crucial for women and girls with disabilities to have complete access to medical care that meets their particular needs, including gynaecological consultation, medical examinations, family planning, and adapted support during pregnancy; Calls the Member States to ensure that their national public healthcare provision includes proper access to these services;
Amendment 42 #
2015/2258(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and funding programmes, including future programming periods, with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’);
Amendment 42 #
2015/2258(INI)
Draft opinion
Paragraph 1 m (new)
Paragraph 1 m (new)
1m. Reconfirms its view that the need to provide specialised support, including childcare assistance, to women and men with disabilities, together with their families, must be addressed in order to enable them to enjoy motherhood and fatherhood to the full;
Amendment 43 #
2015/2258(INI)
Draft opinion
Paragraph 1 n (new)
Paragraph 1 n (new)
1n. Highlights that in order to achieve autonomous and independent living for persons with disabilities, especially for women, assistance (personal or public) is a means that would therefore facilitate and support them and their families, enabling them in accessing workplace, educational or vocational training institutions, and in the event of pregnancy and maternity;
Amendment 44 #
2015/2258(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and the taking of legislative initiatives or the updating of existing European legislation and funding programmes with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’);
Amendment 44 #
2015/2258(INI)
Draft opinion
Paragraph 1 o (new)
Paragraph 1 o (new)
1o. Proposes that if children with disabilities cannot be taken care by their families, the respected authorities should seek to ensure alternatives, such as providing them with community care in a family environment; observes that it is necessary to promote the fostering and adoption of children with disabilities by speeding up bureaucratic formalities and providing suitable information and assistance for the adoptive or foster families;
Amendment 48 #
2015/2258(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the need for the Member States to introduce legislation protecting the rights of women and girls with disabilities in cases of sexual abuse and psychological and physical violence in public and within their home environments and to support the recovery of disabled women and girls who have been subjected to such violence;
Amendment 49 #
2015/2258(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission to proposevide a list of legislation with a view to proposing an update of the declaration of competence in light of the Concluding Observations, to be repeated periodically with the formal involvement of disability organisations and the European Parliament;
Amendment 53 #
2015/2258(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to set up a structured dialogue with disabilityconsolidate and make a proposal for a structured dialogue between the EU and disability organisations including appropriate funding to ensure full and equal participation by persons with disabilities and their representative organisations;
Amendment 53 #
2015/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that general information for services for citizens (such as information for education, employment, social and health care etc.) has to be provided in different forms and formats, in a simple and secure way accessible to people with disabilities; points out that telephone helplines or tele-assistance systems must also be accessible to women and girls who are deaf or blind;
Amendment 54 #
2015/2258(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the need for the Council to accelerate on the proposal for a directive on the accessibility of public sector bodies' websites, aiming to increase the accessibility of documents, videos and websites and providing alternative means of communication accessible to persons with disabilities;
Amendment 56 #
2015/2258(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Persists in its view that inclusion of persons with disabilities, especially women and girls, presupposes that stereotypes are countered and this can be conveyed by projecting positive images through awareness- raising campaigns that would step by step change the societal behaviour and stance towards persons with disabilities;
Amendment 58 #
2015/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to use the review of the European Disability Strategy and to develop a comprehensive EU CRPD strategy with a clear implementation timeframe, benchmarks and indicators;
Amendment 77 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European institutions and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them – with appropriate assistance provided, according to their disability and age;
Amendment 77 #
2015/2258(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that democratic participation a fundamental and civil right that women with disabilities theoretically have, but do not enjoy, therefore this right must be facilitated and guaranteed; Calls on the Member States and their relevant public authorities to provide adequately adapted services and facilities that would empower women's active involvement and participation; Calls, furthermore, on the Member States to facilitate women with disabilities' representation in the decision- making process, in order to ensure that their interests and rights are expressed, supported and protected;
Amendment 79 #
2015/2258(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Strongly believes that seclusion, neglect and segregation of women and girls with disabilities, can be prevented by putting in place well-designed campaigns for families, providing them with details of community facilities for their support and confuting sexist and discriminatory stereotypes;
Amendment 91 #
2015/2258(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and the Commission to work with Parliament to deliver a strongclear and effective directive on the accessibility of public sector bodies’ websites, with a broad scope and a robust enforcement mechanism in line with the proposed European Accessibility Act;
Amendment 94 #
2015/2258(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the lack of accessibility of the EU-wide 112 emergency number, which is at national level and when roaming, causing unnecessary deaths and injuries; highlights the need for implementing measures at national level ensuring inter alia compatibility across Member States, including accessible national emergency points;
Amendment 105 #
2015/2258(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States and the Commission to ensure that employment- related rights and services, including reasonable accommodation in the context of the Employment Equality Directive, which shall also provide for penalties for those employers who do not take 'appropriate measures ... to enable a person with a disability to have access to, participate in, or advance in employment' and, in addition, for Member States to introduce incentives for employers, e.g. tax concessions, are portable and in line with the freedom of movement for persons with disabilities;
Amendment 109 #
2015/2258(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the Employment Eq2uality Directive does not explicitly make the denial of reasonable accommodation for persons with disabilities a form of discrimination; asks the Commission to provide a state of play on the kinds of complaints received;
Amendment 124 #
2015/2258(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and Member States as soon as possible to establish a 'European Disability Card' for the mutual recognition of the rights of persons with disabilities in all Member States;
Amendment 136 #
2015/2258(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the ex-ante conditionalities on social inclusion and its investment priority on the ‘transition from institutional to community based services’ in Regulation 1303/2013 on the European Structural and Investment Funds (ESIF); calls on the Member States to use the funds for deinstitutionalisation and as a tool to implement the CRPD;
Amendment 142 #
2015/2258(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the Commission to allow Member States which are following fiscal adjustment programmes to exempt persons with disabilities from the austerity measures, in particular as regards the health sector;
Amendment 148 #
2015/2258(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the Commission and the Council, in accordance with Article 11 of the Convention, when making proposals for resolving the refugee issue, for funding or for other support measures, to provide for special care for persons with disabilities;
Amendment 149 #
2015/2258(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Proposes that Member States, in taking all the necessary measures for the protection of personal data, create records so that they have available quantitative and qualitative data e.g. regarding age, gender, and level of education;
Amendment 151 #
2015/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of human rights-based indicators and calls on the Member States to provide comparable disaggregated disability data;
Amendment 160 #
2015/2258(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commissionbudget authorities to allocate adequate resources to enable the EU Framework to perform its functions independently;
Amendment 161 #
2015/2258(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to check whether the mechanisms required to monitor the implementation of the Convention have been fully established and are operating in the Member States;
Amendment 164 #
2015/2258(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that the CRPD network needs to be strengthened to appropriately coordinate CRPD implementation internally but also interinstitutionally, while actively involving and closely consulting with persons with disabilities and their representative organisations in its activities and meetings;
Amendment 166 #
2015/2258(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the institutions to review allensure existing staff regulations, internal rules and implementing provisions for CRPD compatibility are fully implemented in line with the CRPD and internal rules and implementing provisions are developed fully applying CRPD provisions, as part of an open and disability-inclusive process, in order to address the Concluding Observations;
Amendment 168 #
2015/2258(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the provision of adequate needs-based and CRPD-compatible reasonable accommodation for persons with disabilities – or with dependent family members with disabilities – who are in the service of the European institutions, paying particular attention to the needs of disabled parents;
Amendment 180 #
2015/2258(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Urges the EU institutions to make their internet-based content and apps, including their intranets and all documents and audiovisual content, accessible while equally ensuring physical accessibility of their buildings;
Amendment 183 #
2015/2258(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for the EU to revise the rules of the Joint Sickness Insurance Scheme, the pension system and disability-related social security and social protection measures in order to ensure non- discrimination and equality of opportunities for persons with disabilities, inter alia by recognising disability-related health needs as being distinct from an illness;
Amendment 1 #
2015/2223(INI)
Draft opinion
Recital A
Recital A
A. whereas there are 12 million more women than men living in poverty conditions in EU; whereas 22 % of women and their dependent children are disproportionately at risk of poverty andor social exclusion, andcross the EU; whereas the economic crisis and, the austerity policies, the cuts and measures imposed have exacerbated these inequalities, leading to a ‘'feminisation of poverty’'; whereas there is a large proportion of women working in precarious or undeclared types of work; whereas women are often forced to remain economically and labour inactive due to "obligations" of childcare and household care that are called to bear; whereas income distribution within households is unequal and gendered, requiring individualised measurements of income and costs;
Amendment 9 #
2015/2223(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the gender gaps in remuneration, working hours and duration of working lives that women faced during their working lives have a direct effect in then pension lives; whereas, women above age 65, have a substantially higher risk of poverty or social exclusion than their male counterparts, as the average pension income of a woman is currently lower, and often substantially so, than that of a man;
Amendment 24 #
2015/2223(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the cost for basic and essential goods and services, in many EU countries, has increased rapidly during the last years, leading to increase on household general expenditures;
Amendment 25 #
2015/2223(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas, the increase in family and household costs affects particularly certain groups, such as single-parent families, elderly women, women migrants and disabled people;
Amendment 27 #
2015/2223(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas unemployment rates among young women are higher than other age groups, putting young women at risk of falling into poverty from an early age;
Amendment 29 #
2015/2223(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas, according to the United Nations Committee on the Rights of Children Concluding Observations, reports on certain European countries show that there is a relation between the increase of poverty rates and/or the risk of poverty for children as a consequence of the economic crisis and the cuts in social benefits, affecting the rights of children to education, health and social protection;
Amendment 31 #
2015/2223(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern atnd finds unacceptable the Commission’s assessment that the 2020 anti-poverty target ‘seems out of reach’ and insists on fresh political impetus for drastic action from the Commission´s side in close collaboration with the Economic and Financial Affairs and the Employment, Social Policy, Health and Consumer Affairs Councils to tackle poverty in the EU; calls on the Member States to ensure that national poverty strategies and to support measures that are gender mainstreamed and address gender inequality;
Amendment 46 #
2015/2223(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to identify gender- specific indicators in the field of poverty eradication and to incorporate a more robust social dimension and a gender pillar in the European Semester, and to include country-specific recommendations (CSRs) which address the gender aspects of poverty;
Amendment 52 #
2015/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls the European Commission to extend the Fund for European Aid to the Most Deprived beyond 2020 and to facilitate the entry of the most deprived and vulnerable groups, such as the younger women, the single-parental families, the disabled and elderly women groups of population to the labour market;
Amendment 54 #
2015/2223(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls Member States to undertake gender impact assessments of the recession and in order to track subsequent changes over time, given the fact that women are likely to be disproportionally affected by future cuts in public spending and services;
Amendment 65 #
2015/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that cuts to public services increase gender inequality; stresses that macroeconomic policy must be compatible with social equality policy, and that it must include a strong gender perspective to these end a "social group" should be envisaged to prepare decisions on social protection matters in analogy to the Eurogroup; a strong gender perspective should define the decisions on the above mentioned policies;
Amendment 5 #
2015/2222(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas equality between women and men is a fundamental principle of the EU, recognised in the Treaty on European Union and the Charter of Fundamental Rights;
Amendment 9 #
2015/2222(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas equality between women and men has a positive impact on productivity, economic and social growth, and furthermore helps to increase female participation in the labour market;
Amendment 13 #
2015/2222(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas over 51% of the EU´s population is female; whereas their needs and rights should be appropriately represented and supported;
Amendment 16 #
2015/2222(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas traditional gender roles and stereotypes continue to have a strong influence on the division of labour and related to labour rights between women and men;
Amendment 18 #
2015/2222(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas women are under- represented in positions of responsibility in all fields;
Amendment 20 #
2015/2222(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas freedom of association and representation, as well as the right to information and consultation are fundamental rights and as such must be respected, protected and supported;
Amendment 21 #
2015/2222(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas workers must be closely and permanently involved in decision-making at all levels of the company;
Amendment 22 #
2015/2222(INI)
Draft opinion
Recital A h (new)
Recital A h (new)
Ah. whereas legal regulation governing workers representation on boards varies and is quite diverse across EU; whereas there are Member-States that have not proceeded in agreeing the legitimacy of employee representation on board level;
Amendment 23 #
2015/2222(INI)
Draft opinion
Recital A i (new)
Recital A i (new)
Ai. whereas gender imbalance on corporate boards remains an important challenge for all EU Member-States, constituting an untapped potential of skilled workers, especially women;
Amendment 24 #
2015/2222(INI)
Draft opinion
Recital A j (new)
Recital A j (new)
Aj. whereas there is no proper ratio between the percentage of women members of trade unions in Europe and the number of women serving on decision-making bodies or holding executive posts;
Amendment 25 #
2015/2222(INI)
Draft opinion
Recital A k (new)
Recital A k (new)
Ak. whereas, workers representation is crucial in collective bargaining; whereas, collective bargaining and representation of workers, including representation on boards, should take into account gender equality; whereas, collective bargaining should address the needs and rights of women workers, such as the right to maternity leave; whereas, in order for participation on boards and for collective bargaining and protection or labour rights to be gender balanced and more effectively applied, women negotiators must take part and express women´s views;
Amendment 26 #
2015/2222(INI)
Draft opinion
Recital A l (new)
Recital A l (new)
Al. whereas women face persistent difficulties to reconcile family and personal responsibilities with work;
Amendment 27 #
2015/2222(INI)
Draft opinion
Recital A m (new)
Recital A m (new)
Am. whereas, independent structures established by employees' and employers' organisations, including workers´ representation on boards, must not isolate women from the decision-making process but, on the contrary, integrate them in that process;
Amendment 35 #
2015/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that gender inequalities remain despite the increasing participation of women in the labour market; believes that, gender balance, especially in regards to the representation on board level, will not change without legally endorsed objectives; Calls on all the Members States to introduce legislative measures requiring quotas in order to increase gender balance in worker representation aton board level; calls for a monitoring system to be put in place and any non-compliance with quota requirements to result in sanctions consistent with national company laws;
Amendment 38 #
2015/2222(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for the Member- States to put in place affirmative policies in order to ensure gender balanced representation of workers, especially women on board level and decision- making procedures; calls for the Member- States to design and implement work-life balance policies tailored to the needs of workers, especially for women, for the disabled, for migrants, for single-parental families and for other vulnerable groups of workers;
Amendment 45 #
2015/2222(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view, furthermore, that best practices to promote gender balance in worker representation at board level should be encouraged – such as voluntary initiatives that influence organisations from within, ranging from effective corporate governance codes resulting in transparency, accountability and peer pressure to the implementation of the ‘comply or explain’ rule obliging companies to clarify why gender balance is lacking; Calls for clear targets to be set for women to be included in activities or sectors, or at levels, from which they have previously been excluded and in which they are still under-represented;
Amendment 54 #
2015/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Shares the view that women representation on board level and executive posts, along with high-quality paid employment for women, form the key to their economic independence and to greater equality between women and men in labour and in society as a whole;
Amendment 55 #
2015/2222(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that the European Commission, despite the commitments shared, has failed to present a new Strategy for Gender Equality and Women´s rights post-2015, including a proposal for the revision of the Maternity Leave Directive, jeopardizing the rights of millions of women and their families across EU; Reminds the Commission and the Member States of the need to adopt positive measures for both women and men, notably in order to ensure work-life balance, labour rights, integration to labour market and, hence, achievement of financial independence;
Amendment 59 #
2015/2222(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to support the Member States in increasing the employment prospects and representation of workers on board level of disadvantaged women, such as female immigrants, women from ethnic minorities, women with disabilities, and single mothers; draws attention to the multiple discrimination affecting vulnerable groups of workers who are often under-represented, such as immigrant women on grounds of their gender, ethnic or racial origin and, in many cases, age.
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 53 #
2015/2107(INI)
Motion for a resolution
Recital D
Recital D
D. whereas worker representation at company level and commitment from management is importantnecessary to successful risk prevention at the workplace15 ; __________________ 15 Worker representation and consultation on health and safety, EU-OSHA (2012) https://osha.europa.eu/en/publications/repo rts/esener_workers-involvement
Amendment 95 #
2015/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace, which must be guaranteed regardless of the size of the employer, the underlying contract or the Member State of employment;
Amendment 134 #
2015/2107(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. is concerned by the fact that some employers use the financial crisis as an excuse to reduce health and safety standards, and calls for better and more effective controls by the Member States in cooperation with the social partners;
Amendment 165 #
2015/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. stresses furthermore that the participation of workers' organizations in planning national and risk assessment strategies both in public and in private sector are essential
Amendment 224 #
2015/2107(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. recalls that undeclared work is the most unprotected form of work and calls all Member states to develop practical tools both for control and compliance of employers using undeclared workers
Amendment 33 #
2015/2097(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU as a whole is facing a serious demographic challenge as birth rates are constantly decreasing in most Member States, and family policies that are fair to men and women should both improve women’s prospects on the job market and have a positive impact on demographic processes; not because of a choice made by women and couples over whether to have children but because of the growing deterioration in their living and working conditions as a direct result of so-called austerity policies, which have created unemployment and precarious employment and led to the absence of and violation of maternity and paternity rights at the workplace, increasing the cost of essential goods and services, destroying public services and making it more difficult to access facilities for children;
Amendment 44 #
2015/2097(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas many workers who are in precarious employment or unemployed do not have the right to parental leave;
Amendment 55 #
2015/2097(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it regrettable that not all Member States have provided the Commission with correspondence tables between the provisions of the directive and the transposition measures; considers it crucial for Member States to ensure that the necessary inspection resources are in place to verify that legislation protecting parents' rights is being complied with;
Amendment 57 #
2015/2097(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it regrettable that there are disparities between the transposition measures of the directive in the field of application, thus creating systems that benefit workers to varying degrees depending on their employment sector (public or private) and the length of their contract; stresses that everyone should be guaranteed the right to parental leave without discrimination, regardless of the type of contract working fathers and mothers are employed under;
Amendment 90 #
2015/2097(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that family rights assigned by public policies, including parental leave, should be individual rather than transferable, with a view to encouraging both parents to achieve a better work-life balance; designed to encourage both parents to achieve a better work-life balance, minimising the discriminatory effects that prolonged periods of labour market inactivity have on women who take up maternity and parental leave; takes the view that the Member States should define ways in which leave can be shared or used simultaneously, in line with the outcome of consultations with women's organisations and trade unions, whereby this arrangement should not jeopardise the social rights already in place at present;
Amendment 98 #
2015/2097(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the flexibility the directive grants to the Member States to define forms of parental leave – part-time or full-time – and the working and notice periods established as conditions for granting parental leave, whereby these different arrangements should depend on requests being made by mothers and fathers; welcomes the initiatives introduced by the Member States to give workers as much flexibility as possible in this area, ensuring that parental leave ties in with their professional and personal circumstances, but; believes that any choices made to cede some of the decision-making power to employers should notwill undermine the target of increasing the taking of parental leave; points out that consideration needs to be given to a minimum period of leave of six weeks, which would be compulsory for mothers after confinement, in line with Parliament's proposal of 20 October 2010 with a view to amending Directive 92/85/EEC;
Amendment 135 #
2015/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the need to activate the revision clause in EU legislation on parental leave for that purpose, including, in particular: the adoption of measures guaranteeing the allocation of parental leave allowances always on the basis of 100% of reference pay, a specific form of maternity leave in the case of premature birth for as long as the newborn baby has to remain in hospital, and subsidised leave where babies are born with conditions that require hospitalisation;
Amendment 157 #
2015/2097(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the social partners to offer to extend this minimum duration from four to six months, paid at 100%, to improve work-life balance;
Amendment 4 #
2015/2094(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Council of Europe's Convention on preventing and combating violence against women and domestic violence,
Amendment 8 #
2015/2094(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to its resolution of 12 May 2011 on the proposed ILO Convention supplemented by a recommendation on domestic workers,
Amendment 11 #
2015/2094(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to Fundamental Rights Agency 2015 report on 'Severe labour exploitation: workers moving within or into the European Union. States' obligations and victims' rights',
Amendment 12 #
2015/2094(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to Fundamental Rights Agency 2011 report 'Migrants in an irregular situation employed in domestic work: fundamental rights challenges for the European Union and its Member States',
Amendment 17 #
2015/2094(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Council Decision authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organization Convention No 189, COM (2013) 152 of 21 March 2013,
Amendment 20 #
2015/2094(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to United Nations' Convention on the Rights of Persons with Disabilities,
Amendment 21 #
2015/2094(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
– having regard to the Joint report by the Social Protection Committee and the European Commission on "Adequate social protection for long-term care needs in an ageing society,
Amendment 22 #
2015/2094(INI)
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
– having regard to the 2014 report by the European Foundation for the Improvement of Living and Working Conditions entitled 'Residential care sector: Working conditions and job quality',
Amendment 23 #
2015/2094(INI)
Motion for a resolution
Citation 16 d (new)
Citation 16 d (new)
– having regard to the 2013 report by the European Foundation for the Improvement of Living and Working Conditions entitled 'Women, men and working conditions in Europe',
Amendment 24 #
2015/2094(INI)
Motion for a resolution
Citation 16 e (new)
Citation 16 e (new)
– having regard to the 2011 report by the European Foundation for the Improvement of Living and Working Conditions entitled "Company initiatives for workers with care responsibilities for disabled children or adults",
Amendment 34 #
2015/2094(INI)
Motion for a resolution
Recital C
Recital C
C. whereas domestic workers and carers who are excluded from labour laws cannot be guaranteed a safe and healthy work environment or avoid workplace discrimination; whereas, moreover, they have no right, or are unaware of how or experience difficulties, to participate in unions or other forms of collective bargaining, which makes them particularly vulnerable;
Amendment 35 #
2015/2094(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas some sectoral supporting measures, such as the Swedish tax deduction for domestic services, the French "service employment voucher" or the Belgian "service voucher", have proven their effectiveness in reducing undeclared work, improving working conditions and granting regular labour rights to domestic and care workers;
Amendment 51 #
2015/2094(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the growing demand for domestic help and care for children, disabled and the elderly has led to the rising feminisation of migration into Europe;
Amendment 56 #
2015/2094(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the burden of responsibility for housework is much greater for women than it is for men and is not evaluated in monetary terms or in terms of a recognition of its value; whereas there is a correlation between the rate of female employment and women’s family responsibilities; whereas over 20 million Europeans (two- thirds of whom are women) care for adult dependent persons, which prevents them from having a full-time job increasing therefore the gender pay gap and leading women who are close to retirement to a higher risk of poverty in old age;
Amendment 57 #
2015/2094(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas, despite the known trends that nearly 20% of the European population is over 65 years old and it is estimated that this rate will reach 25% in 2050, about 80% of time spent caring an elderly person or for a person with disability -meaning several days a week or every day- is still provided by informal and/or family carers and despite the growing number of carers, in the EU, informal care is mostly provided by women (usually spouses, middle-aged daughters or daughters-in-law) aged 45 to 75;
Amendment 60 #
2015/2094(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the financial and social crisis in the EU has severely affected its citizens and residents, aggravating job precariousness, poverty, unemployment and social exclusion, and leading to limited or no access to quality, affordable and accessible social care and household- related services;
Amendment 64 #
2015/2094(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the habits, customs and forms of families have all considerably evolved, leading inevitably to new needs forand new forms of care and support within modern households, especially for women working outside the home and single-parent families;
Amendment 68 #
2015/2094(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the most commona widespread, in some EU Member- States, practice for employing domestic workers and carers is through bilateral agreements between the worker and the household owner or the dependent person, rather than through formal means such as state structures or firms and enterprises;
Amendment 72 #
2015/2094(INI)
Motion for a resolution
Recital X
Recital X
X. whereas ILO Convention 189 concerning decent work for domestic workers, ratified by 6 EU Member States and 16 other states worldwide, aims to provide legal recognition for domestic work, extend rights to all domestic workers and prevent violations and abuses;
Amendment 79 #
2015/2094(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that there is a need for a common EU recognition of domestic and care work as real work and not simply as an extension of unpaid household and care work;
Amendment 100 #
2015/2094(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Asks the Member States, in the meantime, to regulate and implement comprehensive legal frameworks establishing clear labour contracts that ensure workers´ rights, among others health and safety at work for domestic workers and carers directly employed by any labour relationship between householders – when acting as employers – and an employee/worker providing remunerated services within the employer’'s household or by a legal third party : cooperative, association or company;
Amendment 101 #
2015/2094(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to include domestic workers and carers in all national labour and anti-discrimination laws; , healthcare, social care, insurance and anti-discrimination laws, recognising their contribution to the economy and society. Urges accordingly the European Commission to consider revising any European Directives that exclude domestic workers and carers from rights that other categories of workers enjoy;
Amendment 105 #
2015/2094(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers it essential to combat precarious and undeclared work, given that this phenomenon severely affects domestic workers and migrant women workers in particular, thus worsening their already vulnerable position; in this regard supports the integration of the situation of domestic workers and carers within the framework of the European Platform against undeclared work;
Amendment 115 #
2015/2094(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Asks the Member States to adopt measures reconciling work and family life, as this will have the benefit of supporting women to stay in paid employment and reduce their later pension gap;
Amendment 117 #
2015/2094(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the European Commission and the Member States to reassure the availability of legal avenues to migrate to the EU and to introduce targeted legal migration programmes; stresses the need for the Member States to establish bilateral agreements with those states that the statistics show as the sending country of domestic workers and carers, in order to regularise the sending and receiving flow, helping by this way to combat trafficking and forced labour networks deterring nevertheless the phenomenon of social dumping; calls on the Member States to ratify the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, adopted by the United Nations General Assembly on 18 December 1999;
Amendment 122 #
2015/2094(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to undertake the necessary efforts, and to find innovative inspection methods, respecting privacy, especially regarding private homes where inspectors cannot enter without a court authorisation and to adequately brief and train inspectors in order to eliminate mistreatment, financial exploitation and acts of violence or sexual abuse against domestic workers;
Amendment 129 #
2015/2094(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recommends that EU Member States establish a national, independent control, counselling and complaint service that can assist the domestic workers and carers in case of problems, especially high stress and depression; such institution should have the possibility to pay visits to the domes where workers and cares have been placed undertaking a follow-up visit and react in case of problems brought forward by the domestic workers and carers;
Amendment 132 #
2015/2094(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on trade unions to approach all those performing domestic work and care with appropriate attention, using methods adapted to the specific working environment of these workers and the precariousness of their jobs; stresses the important role that trade unions can play in organising and informing workers, especially migrants, on their rights and obligations; notes that this is a way for domestic workers to be represented with one voice, to be able to collectively bargain their contracts and to defend their rights and interests;
Amendment 135 #
2015/2094(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly urges the Member States not to penalise undeclared domestic workers or carers, especially migrants who should not be threatened with expulsion, when they decide to come out of the vicious circle of ‘'hidden’' work, but instead to supportencourage and protect them to come forward and report;
Amendment 145 #
2015/2094(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the need for the Member States to ensure broader access to easily available and affordable high-quality childcare, disability care and elderly care facilities, thus minimising the reasons to undertake these duties on an informal or precarious basis and improving the recognition of the value of the work undertaken by professional care-givers; highlights the need for the Member States to develop services that support family, formal and informal carers, aiming to avoid exposing them to situations of excessive stress that impacts their mental and physical health;
Amendment 150 #
2015/2094(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Member States to invest on creating stable, high-quality jobs in the sector of domestic work and care, also by means of EU Funds, such as the European Social Fund (ESF) and the EU Programme for Employment and Social Innovation (EaSI);
Amendment 154 #
2015/2094(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that good practices such as job-sharing and incentivise special leaves could be applied, especially for the cases of migrant domestic workers and carers who live in a transnational family, in order to allow them to properly rest and to keep their ties with their family;
Amendment 156 #
2015/2094(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that private household employers have a primordial role to play in observing fair labour standards and rights realizing that they are simultaneously an employee and an employer themselves; calls on the Member States to ensure that relevant information on the regularization of domestic work and care must be available to employers and employees;
Amendment 158 #
2015/2094(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States to organise campaigns stressing the importance and the benefits of regularized domestic work and care and increase awareness among the general public of the existence of severe exploitation in private households setting the goal of zero tolerance of exploitation of such workers;
Amendment 161 #
2015/2094(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to consider incentives for employershousehold employers, especially those in weak financial situation, such as subsidies or tax deductions, to encourage the use of declared domestic workers and carers;
Amendment 20 #
2015/0278(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols),
Amendment 21 #
2015/0278(COD)
Proposal for a directive
Citation 4 b (new)
Citation 4 b (new)
Having regard to the European Social Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163),
Amendment 22 #
2015/0278(COD)
Proposal for a directive
Citation 4 c (new)
Citation 4 c (new)
Having regard to the Recommendation Rec(2002)5 of the Committee of Ministers to Member States of the Council of Europe on the protection of women against violence and Recommendation CM/Rec(2007)17 on gender equality standards and mechanisms,
Amendment 23 #
2015/0278(COD)
Proposal for a directive
Citation 4 d (new)
Citation 4 d (new)
Having regard to the International Covenant on Civil and Political Rights (1966),
Amendment 24 #
2015/0278(COD)
Proposal for a directive
Citation 4 e (new)
Citation 4 e (new)
Having regard to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (‘CEDAW’, 1979) and its Optional Protocol (1999),
Amendment 25 #
2015/0278(COD)
Proposal for a directive
Citation 4 f (new)
Citation 4 f (new)
Having regard to the UN Convention on the Rights of the Child (1989) and its Optional Protocols (2000),
Amendment 26 #
2015/0278(COD)
Proposal for a directive
Citation 4 g (new)
Citation 4 g (new)
Having regard to the European Parliament Directorate General for Internal Policies for the Union study titled ‘Discrimination Generated by the Intersection of Gender and Disability’,
Amendment 27 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services. This will increase the availability to all EU citizens, regardless their gender, disability, national origin, social origin, race, age, sexual orientation, political or other opinion, religion and/or language, of accessible products and services on the internal market.
Amendment 31 #
2015/0278(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The demand for accessible products and services is high and the number of citizepersons with disabilities and/or functional limitation persons with age related or other impairments will increase significantly with the ageing of the European Union’s population. An environment where products and services are more accessible allows for a more inclusive society and facilitatesis prerequisite for independent living.
Amendment 34 #
2015/0278(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Over 80 million persons with disabilities are living in the EU who are in urgent need of an accessible and unprejudiced environment; whereas one in four Europeans has a family member with a disability.
Amendment 36 #
2015/0278(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) People with disabilities together with other persons with temporarily reduced mobility represent 40% of the EU population.
Amendment 37 #
2015/0278(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) According to the United Nations, 1 in 5 women across the world has a disability and the prevalence of disability is actually higher among women than men.
Amendment 38 #
2015/0278(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) 75% of people with severe disabilities do not have the opportunity to fully participate in the European labour market.
Amendment 39 #
2015/0278(COD)
Proposal for a directive
Recital 2 e (new)
Recital 2 e (new)
(2e) One out of two persons with disabilities has never participated in leisure, cultural or sport activities.
Amendment 40 #
2015/0278(COD)
Proposal for a directive
Recital 2 f (new)
Recital 2 f (new)
(2f) There are approximately 40 million women and girls with disabilities in the EU.
Amendment 41 #
2015/0278(COD)
Proposal for a directive
Recital 2 g (new)
Recital 2 g (new)
(2g) In the EU-28, 44 million people aged between 15 and 64 (14.0 % of that age group) reported a basic activity difficulty.
Amendment 42 #
2015/0278(COD)
Proposal for a directive
Recital 2 h (new)
Recital 2 h (new)
(2h) Approximately 35 million people aged 15–64 (11.0 %) in the EU-28 reported a disability in employment.
Amendment 43 #
2015/0278(COD)
Proposal for a directive
Recital 2 i (new)
Recital 2 i (new)
(2i) More than 1 in 3 people throughout the EU are subject to a work limitation caused by a longstanding health problem or an activity difficulty and are also limited by other personal or environmental factors.
Amendment 44 #
2015/0278(COD)
Proposal for a directive
Recital 2 j (new)
Recital 2 j (new)
(2j) People with activity limitation are more exposed than people with no limitation and are therefore subject to experience the risk of poverty.
Amendment 45 #
2015/0278(COD)
Proposal for a directive
Recital 2 k (new)
Recital 2 k (new)
(2k) Over 15 % of employed people with disabilities worked from home in 2011, compared to 13 % of those with no disability.
Amendment 46 #
2015/0278(COD)
Proposal for a directive
Recital 2 l (new)
Recital 2 l (new)
(2l) More than one third of people with disabilities reported a need for assistance, with the proportion nearer to two fifths among disabled women.
Amendment 47 #
2015/0278(COD)
Proposal for a directive
Recital 2 m (new)
Recital 2 m (new)
(2m) More than one quarter (27.9 %) of people aged 15–64 not in work in the EU- 28 who had a long-standing health problem and/or a basic activity difficulty reported that they would need some form of assistance in order to be able to work.
Amendment 48 #
2015/0278(COD)
Proposal for a directive
Recital 2 n (new)
Recital 2 n (new)
(2n) The proportion of employed women in the EU-28 who had a long- standing health problem and/or a basic activity difficulty and who reported that they had used some kind of assistance at work was higher than the equivalent proportion for men.
Amendment 49 #
2015/0278(COD)
Proposal for a directive
Recital 2 o (new)
Recital 2 o (new)
(2o) The Union has a continuously increasing aging population leading to a significance increase of people with age related impairments who are in need of accessible products and services and a well-designed built-in environment that will allow them to continue with their everyday life activities.
Amendment 50 #
2015/0278(COD)
Proposal for a directive
Recital 2 p (new)
Recital 2 p (new)
(2p) The marginalisation of women with disabilities is greater compared to the isolation faced by men with disabilities.
Amendment 51 #
2015/0278(COD)
Proposal for a directive
Recital 2 q (new)
Recital 2 q (new)
(2q) Multiple discrimination of different forms and shapes on grounds of gender and disability persists and their onset leads to social (such as lower self- esteem, economic reliance, social isolation), educational (such as high illiteracy rates, lower educational attainment especially for women) and labour market exclusion (lower participation in the labour market, tendency to hold low paid, temporary or precarious work) causing further stress and psychological burden for persons with disabilities, their families and carers.
Amendment 52 #
2015/0278(COD)
Proposal for a directive
Recital 2 r (new)
Recital 2 r (new)
(2r) Article 9 of UNCRPD recognises that appropriate measures must be taken to ensure girls and women with disabilities enjoy real access to the physical environment, transportation, information and communications, including information and communication technologies and to other facilities and services open or provided to the public, both in rural and urban areas.
Amendment 53 #
2015/0278(COD)
Proposal for a directive
Recital 2 s (new)
Recital 2 s (new)
(2s) Participation of citizens with disabilities, and especially women who are often under-represented in political and public life and marginalised, is a matter of dignity and further actions on the basis of Article 16 UNCRPD should be taken.
Amendment 54 #
2015/0278(COD)
Proposal for a directive
Recital 2 t (new)
Recital 2 t (new)
(2t) According to Article 16 UNCRPD, the three facets of participation are information, education and integration; whereas the enforcement of the Accessibility Act will effectively attribute to the realization of these facets in the Member States.
Amendment 55 #
2015/0278(COD)
Proposal for a directive
Recital 2 u (new)
Recital 2 u (new)
(2u) Despite the numerous international Conventions and European Law provisions, still the citizen and social rights of persons with disabilities are not fully enjoyed by them as, for example, are not given fair and equal possibilities to participate in the political social and economic life; whereas women and girls with disabilities remain at the margins of decision-making and progress and gender equality.
Amendment 56 #
2015/0278(COD)
Proposal for a directive
Recital 2 v (new)
Recital 2 v (new)
(2v) It lays in the responsibility of state and public authorities of the Member States to provide persons with disabilities and people with age related impairments, and mothers/carers of dependant people with an accessible environment that is adapted in such a way that allows them to fully enjoy their rights on equal footing with people without disabilities or other impairments.
Amendment 57 #
2015/0278(COD)
Proposal for a directive
Recital 2 w (new)
Recital 2 w (new)
(2w) Women with disabilities are in a greater poverty risk and therefore the barriers set for their participation and inclusion to labour market, education schemes and social life must be urgently lifted.
Amendment 58 #
2015/0278(COD)
Proposal for a directive
Recital 2 x (new)
Recital 2 x (new)
(2x) Well-designed built-in environment in all public sphere related activities and services would enable and encourage women, and especially women with disabilities, to participate in the socio-economic life.
Amendment 59 #
2015/0278(COD)
Proposal for a directive
Recital 2 y (new)
Recital 2 y (new)
(2y) Women and girls with disabilities often suffer from lack of information and protection of their sexual and reproductive rights and have limited or no access to services and products that would enable them to fully enjoy those rights.
Amendment 60 #
2015/0278(COD)
Proposal for a directive
Recital 2 z (new)
Recital 2 z (new)
(2z) Women with disabilities have lower incomes and often do not own a vehicle and live longer than their male companions, there is an increased need to promote neighbourhood proximity, pedestrian, building and housing adjustments in order to reduce the factors that contribute to the exclusion of them to socio-economic, education and labour life of their.
Amendment 61 #
2015/0278(COD)
Proposal for a directive
Recital 2 aa (new)
Recital 2 aa (new)
(2aa) Female passengers outnumber male passengers in public transportation and taking into consideration that women often have more complex transportation patterns as many care for dependant family members; whereas accessibility to transportation and to services and products related to transportation should be easily accessible to people with disabilities in order to ensure that they can enjoy independent mobility.
Amendment 62 #
2015/0278(COD)
Proposal for a directive
Recital 2 ab (new)
Recital 2 ab (new)
(2ab) The built-in environment should be designed in such a way that would eliminate the risks of exclusion, accident, abuse and violence that more often are facing vulnerable groups of population, such as women boys and girls, people with disabilities, migrants and refugees.
Amendment 63 #
2015/0278(COD)
Proposal for a directive
Recital 2 ac (new)
Recital 2 ac (new)
(2ac) Universal accessibility, design for all and gender-perspective should be ensured in products, tools, devices and services for them to be commonly used for men, boys, women and girls with disabilities.
Amendment 64 #
2015/0278(COD)
Proposal for a directive
Recital 2 ad (new)
Recital 2 ad (new)
(2ad) Commonly used products (such as watches, cars, wheelchairs, doctor´s examination beds, contraceptive products etc.) should be designed for easy and accessible use both by men, boys, women and girls with disabilities.
Amendment 65 #
2015/0278(COD)
Proposal for a directive
Recital 2 ae (new)
Recital 2 ae (new)
(2ae) Support, protection, communication, care and health services, such as the ones connected to primary health, violence against women, childcare, motherhood, female sexual and reproductive rights, should be fully accessible in all languages, forms and formats by all women, and especially by women and girls with disabilities.
Amendment 66 #
2015/0278(COD)
Proposal for a directive
Recital 2 af (new)
Recital 2 af (new)
(2af) Health services personnel should be adequately trained in terms of disability sensitive issues so that it will be possible to better address the needs of people with disabilities; whereas employing persons with disabilities in health service units will allow patients with disabilities to better accommodate themselves and feel that someone can understand and address their needs; whereas having people with disabilities to work in public services, as the health care services, would also serve as motivation to people with disabilities.
Amendment 68 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations including persons with disabilitiesdisabilities, with age related or any other impairments, create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 73 #
2015/0278(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers, which in combination with lower income and risk of poverty - especially for women with disabilities - leads to limiting the possibility of making use of these products and enjoying these services. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
Amendment 78 #
2015/0278(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities and persons with age related or any other impairments, taking into account gender perspectives, in order for them to benefit from measures designed to ensure their independence, socialo-economic, political, education and occupational integration and participation in the life of the community and to promote the application of Article 25 and 26 of the Charter of Fundamental Rights of the European Union.
Amendment 83 #
2015/0278(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The overall aim of the ‘Digital Single Market Strategy’, is to deliver sustainable economic and social benefits from a connected digital single market. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities and persons with age related or other impairments. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities or gender can enjoy its benefits.
Amendment 86 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services which, design for all, built environment. Gender- perspective must be ensured in products, tools, devices and services for them to be commonly used for men, boys, women and girls with disabilities, who without Union action would further increasesuffer from disparities between national provisions.
Amendment 92 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the most effective, gender inclusive and least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected.
Amendment 95 #
2015/0278(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Including a gender perspective dimension to the proposal for the Directive on the approximation of the laws, regulations and administrative provisions of the Members States as regards the accessibility requirements for products and services, will contribute to an integrated approach to eliminating further discrimination to women with disabilities, mother using baby strolls and women that serve as carers for dependent persons.
Amendment 110 #
2015/0278(COD)
Proposal for a directive
Recital 43
Recital 43
(43) For services, the information necessary to assess the conformity with the accessibility requirements should be provided in the general terms and conditions, or equivalent document in all languages and formats for people with disabilities and persons with age related or any other impairments.
Amendment 111 #
2015/0278(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, and complementary information for products and services that meet the accessibility requirements the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor.
Amendment 115 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under whichwhereby interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities, gender equality organizations and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 123 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books, on-line courses and education related material;
Amendment 127 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
Amendment 130 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Telephony services, including emergency services and the related consumer terminal equipment with advanced computing capability, shall comply with the requirements set out in Section III of Annex I. Member States shall ensure the availability of at least one text based relay service and one video based relay service, within the entire territory of the Member State and continuously, in consultation with users' organisations, including organisations representing persons with disabilities, that these relay services are interoperable with the telephony services. Member States shall also ensure the availability of audio, video and real-time text communication (Total Conversation) with national, regional, and local emergency services, including support lines (such as the ones offering protection to women-victims of violence).
Amendment 132 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure that the built environment used by clients of passenger transport services and products including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities, especially women who are the majority of these services´ users.
Amendment 136 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information, training and documentation necessary to demonstrate the conformity of the product, in a and services in a format and language which can be easily understood by that authorityoth by the person and by the authority or authorities concerned. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products or services which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 139 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information, training and documentation necessary to demonstrate the conformity of a product inor a service in a formation and a language which can be easily understood by that authorityoth by the person and by the authority or authorities concerned. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 142 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authoritye authority or authorities concerned, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
Amendment 144 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including persons with disabilities representative organisations and gender equality bodies, shall be consulted systematically as part of the procedure for the full and non- discriminatory, especially in terms of disability and gender, adoption of implementing acts.
Amendment 180 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions including for the built environment related to the provision of on accessibility of products and services which without Union action would further increase disparities between national provisions.
Amendment 192 #
2015/0278(COD)
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements for the placing on the market of products and services as well as the built environment connected to the provision of those products and services, which fall within the scope of this Directive in order to ensure their free circulation in the internal market and persons' mobility.
Amendment 219 #
2015/0278(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure. The obligations for conformity assessment should rest with the manufactshould not rest only with the manufacturer. A strengthened market surveillance authority could play a crucial role in this procedurer.
Amendment 224 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Control mechanisms nevertheless have to be in place in order to verify, where necessary, the rightful exception from the accessibility requirements application.
Amendment 229 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including persons with disabilitiedisabilities, including persons handicapped by age or other factors, on an equal basis with others;
Amendment 231 #
2015/0278(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to facilitate conformity assessment with applicable requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council39 for the purpose of expressing detailed technical specifications of those requirements. The Commission has already issued a number of standardisation requests to the European standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards. The Commission should consider issuing further standardisation requests on specific issues related to this Directive because harmonised standards can significantly facilitate the implementation of this Directive by the Member States and the private sector. In that regard, organizations for persons with disabilities should be directly __________________ 39 Regulation (EU) No 1025/2012 of 25 October 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
Amendment 240 #
2015/0278(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products. A separate marking system should be introduced in order to be clearer for all consumers, including persons with disabilities, with aged related or any other impairments, that specific products and services comply with this Directive. The CE marking will thus be complemented by information on the packaging to indicate accessibility to the users. __________________ 40 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13/08/2008, p. 30).
Amendment 272 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilitiesdisabilities and persons incapacitated by age or any other factor. Service providers shall keep the information as long as the service is in operation.
Amendment 323 #
2015/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) "specialised personnel" means professionals with expertise in operating the services concerned who can explain to persons with disabilities and to persons with age-related or other impairments how to make use of the accessible products and services, providing education, instructional training or any similar support to the users;
Amendment 367 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
10a. Specialised personnel that can provide education, instructional training and similar support to users shall be available by service providers or Member- States competent services. ESF funding can be used for this purpose in order to provide both vocational and continuing training to these persons.
Amendment 407 #
2015/0278(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make the information available in accessible formats upon request and ensure that specialized personnel to provide education and instructional training is available for users.
Amendment 482 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’'s own resources, whether public or private. Lack of priority, time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden.
Amendment 492 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations and the market surveillance authorities to ensure that adequate principles for the assessment of the exceptions are established in order to ensure that they are coherent.
Amendment 507 #
2015/0278(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Each Μember State shall establish a public accessible database register of non –accessible product. Consumers shall be able to consult and log information about non – accessible products. Member States shall take the necessary measures to inform consumers or other interested parties of the possibility to lodge complaints. An interactive system between the national databases shall be envisaged possibly under the responsibility of the Commission or the relevant representative organizations so that information on non- accessible products can be disseminated across the Europe.
Amendment 529 #
2015/0278(COD)
Proposal for a directive
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8a. To facilitate the exchange of information and best practices amongst the market surveillance authorities and to ensure coherence in the application of the accessibility requirements set out in this Directive or in cases deemed necessary following a request by the Commission to express an opinion on exceptions from those requirements, the Commission shall establish a working group formed by representatives of the national market surveillance authorities and the representative organisations of the relevant stakeholders, including persons with disabilities.
Amendment 554 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 12 #
2014/2237(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas, under the UN Convention on the Rights of the Child, all children should be guaranteed the right to an education, health-care services, housing, protection, participation in decisions that affect them, leisure and free time, a balanced diet, and the receipt of care in a family environment;
Amendment 22 #
2014/2237(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the factors with the greatest influence on child poverty are wealth- redistribution policies and labour policy9 a, particularly parental income levels and social rights; __________________ 9aSave the Children, ‘Child Poverty and Social Exclusion in Europe’, Brussels, 2014, p.5
Amendment 24 #
2014/2237(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A B. Whereas, although the children of parents with very low work intensity are 56.7 % more likely to be at risk of poverty or social exclusion, families with high work intensity remain at risk of child poverty today (Romania, Lithuania, Portugal, Spain, Greece, Latvia, Slovakia, Poland or Luxembourg);
Amendment 30 #
2014/2237(INI)
Motion for a resolution
Recital B
Recital B
B. Whereas the destrucdistribution of incomes has a major impact on reducing cycles of social inequality and the Member States with lowest rates of child poverty – such as Sweden and Denmark – are also those with the lowest levels of general poverty and inequality;
Amendment 32 #
2014/2237(INI)
Motion for a resolution
Recital C
Recital C
C. Whereas between 2008 and 2012, the number of children at risk of poverty or social exclusion in Europe (EU27+Norway, Iceland and Switzerland) rose by almost one million, increasing by half a million between 2011 and 2012 alone9, and, according to data from Eurostat in 2013, 26.5 million children in the EU28 are at risk of falling into poverty or social exclusion; in the EU27, the risk of poverty or social exclusion increased between 2008 and 2012 from 26.5% to 28%; in 2013, in the Member States of the EU28, 28% of the total population under 18 was at risk of poverty or social exclusion and, in the vast majority of countries, the risk of poverty and social exclusion is greater for children than for adults; __________________ 9 Save the Children, ‘Child Poverty and Social Exclusion in Europe’, Brussels, 2014, p.5
Amendment 65 #
2014/2237(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas the latest reports by the European Federation of National Organisations Working with the Homeless highlight an increase in women, young people and families with children (with migrant children over- represented) taken into homeless shelters;
Amendment 74 #
2014/2237(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas the first few years, even before compulsory education, are crucial to children’s development, given that it is during this period that they develop essential capacities and that access to a high-quality education has a significant impact on self-esteem, ability to participate in social life, better health, social inclusion and, in the future, access to better job opportunities; whereas the educational gap between children from different socioeconomic backgrounds has increased;
Amendment 84 #
2014/2237(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas, in 2012, the average school-dropout rate was 13 % for the EU and over 20 % in some countries (Portugal, Spain and Malta)9 a __________________ 9aEU-SILC (2013) EU statistics on Income and Living Conditions
Amendment 85 #
2014/2237(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. Whereas working parents who do not have access to a nursery school are often forced to leave children in the care of another child, or to recourse to paid and uncertified informal care networks, which jeopardises their children’s safety and well-being;
Amendment 91 #
2014/2237(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. Whereas children born into poverty are at greater risk of suffering chronic illnesses and having more health problems, which leads to the perpetuation of inequality;
Amendment 92 #
2014/2237(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. Whereas, even in countries where the right to health is enshrined in law, many children do not have access to appointments with a general practitioner or dentist, particularly because of a lack of available public services; whereas some children have very limited access to health-care services, which does not go beyond accident and emergency;
Amendment 93 #
2014/2237(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. Whereas the financial problems of families have been contributing to increased mental health problems in parents and to instances of family breakdown, which has undeniable repercussions on the psychological and social well-being of children;
Amendment 94 #
2014/2237(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
I d. Whereas the environment in which a child lives, including the pre-birth period, has a decisive influence on the development of the cognitive system, on communication and language, and on social and emotional skills, which will have a consequence for health, well- being, participation in communities and learning capacities9 b; __________________ 9b Drivers, 2014, ‘Universal, quality early childhood programmes that are responsive to need promote better and more equal outcomes in childhood and later life’.
Amendment 104 #
2014/2237(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. Whereas child poverty has a high economic cost for societies, particularly as regards increased spending on social support;
Amendment 106 #
2014/2237(INI)
Motion for a resolution
Recital K
Recital K
K. Whereas families living at risk of poverty are more likely to live in unsanitary and unsafe areas, and that 17% of children in the EU28 still live in these conditions, with 15 countries above average11; the price of energy means that many children live in homes without heating, which increases the number of respiratory and cardiovascular diseases; the increasing number of evictions due to the inability to pay housing costs has pushed children into shelters; __________________ 11 EU-SILC (2013) Statistics on Income and Living Conditions
Amendment 114 #
2014/2237(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. Whereas migrant children are over- represented in the group at risk of poverty and there is more discrimination against them because of language barriers, with this situation worse for illegal immigrant children; whereas, today, with the intensification of migratory flows, there are a growing number of cases in which the children of emigrants remain in the country of their birth under the care of other family members or third parties, negatively influencing the children’s development, particularly at the emotional level;
Amendment 116 #
2014/2237(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. Whereas there should be financial reinforcement of food-aid programmes aimed at disadvantaged families, since a growing number of children only have access to food at school; whereas these programmes are important, but cannot be seen as a long-term solution;
Amendment 136 #
2014/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recommends that Member States increase the quantity, amounts, scope and effectiveness of the social support specifically directed to children, but also to parents (such as unemployment benefits) and to promote labour laws that guarantee social rights and security to families and fight precarious employment while promoting work with rights;
Amendment 184 #
2014/2237(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States actually to realise the right to housing, by guaranteeing citizens and families an appropriate home that meets their needs and ensures their well-being, privacy and quality of life, thereby contributing to the achievement of social justice and cohesion and the combating of social exclusion and poverty;
Amendment 204 #
2014/2237(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends that Member States’ national budgets contain visible and transparent provisions for appropriations and costs to combat child poverty and to fulfil their duty to protect children;
Amendment 206 #
2014/2237(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that the Commission and Member States set targets for reducing child poverty and social exclusion;
Amendment 226 #
2014/2237(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that Member States develop proactive social policies that prevent poverty and the departureremoval of children from their family environment, ensuring that it is not through poverty that children are institutionalised; calls on the Member States to use the EU Structural Funds and the European Fund for Strategic Investments to support the transfer of institutionalised children to host families and community-based services;
Amendment 244 #
2014/2237(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that Member States guarantee all children access to free, quality public education at all ages, including early childhood, and establish appropriate teacher-student ratios, in order to safeguard the safety and well-being of children;
Amendment 266 #
2014/2237(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges Member States to guarantee universal, public, free and quality health care with regard to prevention and primary care, access to diagnosis, treatment and rehabilitation, guaranteeing women the right to sexual and reproductive health by ensuring health care for babies, maternity care in the pre- and post-natal care period, particularly in the case of premature birth, access to family doctors, dentists and mental health specialists for all children and their families, and integrate these aspects into national and the EU public health strategies;
Amendment 285 #
2014/2237(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States, particularly those where social inequalities are greater, to strengthen social rights that the state must guarantee, increasing the number of employees and technicianprofessionals in the social security services working with and for children and their families, and increasing the medical, psychological and social care of children;
Amendment 291 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Member States and the Commission to participate actively in combating the trafficking of children for any form of exploitation, including work, forced marriage, illegal adoption, illegal activities and sexual exploitation;
Amendment 294 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls on the Member States to support, through their municipalities, local centres for supporting children and their families, particularly in the communities and/or areas most affected by the issue of child poverty, which provide not just for legal aid and/or advice, parental advice and school support, but also for education and guidance on a healthy lifestyle and on safe Internet use, amongst other things;
Amendment 296 #
2014/2237(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Recommends that the Member States guarantee refugee citizens, particularly children and young people, the same rights of access to education, health care, work and housing as other citizens of the Member State in question;
Amendment 305 #
2014/2237(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recommends that the Commission and Member States develop statistical methods that integrate multidimensional indicators in measuring poverty to take into account the limitations of relative poverty measurements and the work of the UNDP, UNICEF and the OECD, going beyond the AROPE(parents’ income, access to high-quality public services, participation in social and cultural activities, access to adequate formal and informal education services, exposure to physical risk, safety, stable family environment, and level of life satisfaction) and to take into account the limitations of relative poverty measurements and the work of the UNDP, UNICEF and the OECD, which take these multidimensional indicators into account in their statistics; recommends that these indicators be cross-referenced with indicators of socioeconomic classification (parents’ income and literacy level, country of origin, gender, disability, geographical location, etc.), going beyond the AROPE (at risk of poverty and/or exclusion) indicators;
Amendment 5 #
2014/2217(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to the proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Board Directive),
Amendment 6 #
2014/2217(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- having regard to the UN Convention on the UN Convention on the Rights of Persons with Disabilities, in particular Article 6, Women with disabilities,
Amendment 7 #
2014/2217(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
- having regard to its resolution of 25 February 2014 on sexual exploitation and prostitution and its impact on gender equality (2013/2103(INI)),
Amendment 17 #
2014/2217(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Europe 2020 strategy for a smart, sustainable, and inclusive economy entails ambitious targets, for example the 75% employment rate and reducing the number of persons suffering, or threatened with, poverty and social exclusion by at least 20 million by 2020, which will be impossible to meet unless Member States implement innovative policies to promote gender equality in the true senseausterity policies and cuts to public services, among other things, are abandoned and encouragement is given to the creation of decent jobs, instead of destroying or downgrading them;
Amendment 29 #
2014/2217(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas poverty has a structural and deeper impact on women the effects of which are worsening due to austerity measures which are set up in an attempt to solve the current economic, financial and social crisis;
Amendment 33 #
2014/2217(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas it is crucial to take into account the multiple and intersecting forms of discrimination experienced by many women and girls in Europe (disability, migrant background, ethnic origin, age, sexual orientation, gender identity, pregnancy, housing status, etc.);
Amendment 55 #
2014/2217(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas rates of unemployment among young women are overtaking those of the population as a whole, and young women continue to be discriminated against by employers following maternity leave, a factor which affects their work and life prospects;
Amendment 79 #
2014/2217(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas women are still a minority at every level of decision making and only 37% of Members of the new European Parliament and 9 out of 28 new Commissioners are women;
Amendment 115 #
2014/2217(INI)
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
Amendment 117 #
2014/2217(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Proposes that austerity measures be withdrawn immediately as these do not just affect the public services women are more likely to use on account of their current economic vulnerability, but also cuts in the budgets for policies to prevent violence against women;
Amendment 138 #
2014/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to implement a multi-layered approach that focuses on equality in paid and unpaid work to enable both women and men to become equal earners and equal carers throughout their lives and policies that address women's economic independence on an equal footing with men.
Amendment 150 #
2014/2217(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU to put an end to policies establishing dependency between family members in the framework of family reunion, and calls on the EU and its member states to grant migrant women an autonomous residence status, especially in cases of domestic violence.
Amendment 155 #
2014/2217(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. calls on the EC to request a report of each MS about the implementation of the EU directive on sexual harassment at work;
Amendment 203 #
2014/2217(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Renews its call on the Commission to submit a proposal under Article 84 TFEU for an act establishing measures to promote and support the action of Member States in the field of preventing violence against women and girls, by supporting a directive on the prevention of violence and teaching on equality, and by introducing penalties for discriminatory or violent behaviour towards women, the products of a patriarchal system;
Amendment 208 #
2014/2217(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Observes that increasing poverty and marginalisation, owing to so-called austerity policies, have led to an increase in female trafficking, sexual exploitation and prostitution and that there are signs that male domestic violence is on the rise, as social tensions within families also increase, and that women now find themselves more economically dependent on their aggressors;
Amendment 209 #
2014/2217(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission and the Member States to sign as soon as possible the Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), this being the best way of combating and eradicating all forms of violence against women;
Amendment 212 #
2014/2217(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recommends that the Member States strengthen their free public health services in order to support all women subjected to violence, including refugees, among other measures by increasing their capacity, with specialised assistance to women of different nationalities and to women with disabilities;
Amendment 8 #
2014/2215(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to 1951 Geneva UN Convention relating to the Status of Refugees and the 1967 New York Protocol relating to the Status of Refugees
Amendment 10 #
2014/2215(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (hereinafter the Frontex regulation) requires that the Agency ensures full respect for fundamental rights and for the rights of migrants, refugees and asylum seekers;
Amendment 11 #
2014/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;
Amendment 17 #
2014/2215(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas LGBTi and women migrants are particularly exposed to verbal, physical, and sexual violence, together with other human right violations, during their travels and at the borders, also by Frontex staff and Member State officials;
Amendment 23 #
2014/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the draft recommendations of the European Ombudsman, which were ignored by the relevant authorities, include implementing an individual complaints mechanism;
Amendment 28 #
2014/2215(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas there are no objective grounds to militarize the surveillance of the external or internal borders of the EU;
Amendment 49 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Stresses that to have a border policy which fully respects fundamental rights Frontex should be dismantled;
Amendment 51 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’s efforts in taking on board the Ombudsman’s recommendations; acknowledges Frontex’s current fundamental rights safeguards in the form of, but not limited to, the setting-up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Officecondemns the fact that none of the recommendations have been implemented;
Amendment 55 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the recommendation by the European Ombudsman that Frontex should deal with complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up the complaints mechanismproposes for the Frontex administrative support mechanism to follow the European Ombudsman suggestions for good governance and transparency, especially when it comes to selection of personnel for the unit that deals with the complaints; calls on Frontex to set up this independently functioning complaints mechanism, staffed by specialized and well-trained personnel;
Amendment 60 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its oper created by the EU's agressive border policies based on their militarizations, thus becoming a first-instance body for complaintsFrontex should be dismantled;
Amendment 72 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that under the Frontex regulation there are no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-compliant with the principle of good administration and undermines the effective implementation of the Agency’s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’s role under EU law, in particular its participation in Migration Management Support Teams working in ‘hotspot’ areas, which has, up to date, not been effective;
Amendment 83 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States shouldmust not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 89 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structure within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughlyfollow up in a way which makes the complaints public and the follow-up accountable for relevant NGOs, MEPs, and all European citizens without compromising the privacy of those making the complaint;
Amendment 91 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structureindependently functioning mechanism within Frontex for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; believes that representatives of related international organizations, such as the UN High Commission for Refugees, as well as NGOs, should have an active participatory and advisory role in Frontex Fundamental Rights Office processing individuals complaints;
Amendment 95 #
2014/2215(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; eEmphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness and, transparency, democratic control and accountability;
Amendment 96 #
2014/2215(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; stresses the need for the Frontex staff and guest officers dealing with the complaints to be experts specialized and well trained in human rights, refugee rights and migration policies; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; emphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness and transparency;
Amendment 116 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to ensure that third parties are present during the whole process, independently from the person or people making the complaint, urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 131 #
2014/2215(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note that Member States handle complaints against guest officers in very different ways; is concerned that alleged fundamental rights violations might not be followed up effectively by some Member States; calls on Frontex and the Member States toto ensure the proper follow-up of complaints against guest officers, and report to the coomperate closely in order to ensure the proper follow-up of complaints against guest officerstent authorities in the cases in which the fundamental rights violations are not being effectively followed up; stresses that this information must be made public;
Amendment 135 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so; stresses the need to make the information about the breach of fundamental rights public;
Amendment 144 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a public letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; recalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 146 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that aStresses the need that a public justification should be provided to the complainant should no follow-up procedure be initiated by Frontex;
Amendment 149 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure mayust also apply to seconded guest officers and seconded national experts if the relevant Member State agrees; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 152 #
2014/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Frontex Executive Director to consider the exclusion ofexclude any officer who has been found to be in breach of fundamental rights from participating in any Frontex operation or pilot project;
Amendment 157 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisagoperations where fundamental rights violations have been found must be immediately terminated;
Amendment 162 #
2014/2215(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 166 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’ right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check;
Amendment 182 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, and the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsmanregrets Frontex and the competent political authorities' lack of will to make Frontex accountable and transparent;
Amendment 184 #
2014/2215(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 189 #
2014/2215(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 194 #
2014/2215(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusiondismantling of pFrovisionsntex in view onf the individual complaints mechanism in the forthcoming review of the Frontex Regupersistent violation of fundamental rights; stresses that the mechanism proposed is not enough to end these violations;
Amendment 74 #
2014/0124(COD)
Proposal for a decision
Title 1
Title 1
on establishing a European Platform to enhance cooperation in the prevention, control and deterrence of undeclared work
Amendment 87 #
2014/0124(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to fighttackle undeclared work27 endangering the financial sustainability of the European social model and leading to unfair competition which distorts the market. __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20 13/2112(INI)
Amendment 98 #
2014/0124(COD)
Proposal for a decision
Recital 5
Recital 5
(5) At European level undeclared work is actually defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28 , thus excluding all illegal activities; this definition though dating from 1998 28 a has to be adequately adjusted as to follow all latest developments and evolutions in the labour markets. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:52007DC0628:EN:HTML 28 aCOM(1998)219 Communication from the Commission on undeclared work
Amendment 120 #
2014/0124(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) the exact time of working hours, the full salary or remuneration corresponding to the working hours as well as the true nature of work are often not declared; these cases of falsely or partly declared work should equally come under the scope of the Platform.
Amendment 122 #
2014/0124(COD)
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) Domestic and cross-border undeclared work are two distinctive forms of undeclared work, and cross-border undeclared work can contribute to the phenomena of social dumping, salary reductions in the member states where the services are offered, deregulation of labour relations and individualism in the labour market.
Amendment 136 #
2014/0124(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The implemented fiscal consolidation dictated by the EU through both the European Semester and the Troika aggravates the problem of undeclared work. Undeclared work is not a worker’s choice but very often his/her only alternative to receive income
Amendment 137 #
2014/0124(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The financial crisis leading to poor labour market and social conditions: increase of unemployment, reduced salaries, risk of poverty, cuts in social spending, is driving the practice of undeclared work.
Amendment 153 #
2014/0124(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) Despite the different policy approaches introduced to tackle undeclared work the problem is only fragmentarily treated.
Amendment 171 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of active cooperation along with effective controls based on mutual assistance, transparency and confidentiality among Member States at EU level isare necessary to help Member States to prevent, control and deter undeclared work more efficiently and effectively.
Amendment 179 #
2014/0124(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) National labour inspection systems need to be organised in an efficient manner, have sufficient qualified staff at their disposal and carry out systematic and frequent controls.
Amendment 184 #
2014/0124(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Platform willshould contribute to eliminating the abuse of the free movement of workers through undeclared work, to which end it should aim to facilitate and improve the exchange of experience and best practices and information, provide a framework at EU level to develop expertise and analysis, introduce effective control mechanisms and improve operational coordination of actions between the different national enforcement authorities of the Member States.
Amendment 191 #
2014/0124(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification, analysis and solving of practical problems related to the enforcement of Union legislation on working conditions and social protection at work fall mainly within the competence of national labour inspection systems, for which reason they require close and effective cooperation and common principles and practices at Union level.
Amendment 250 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) A European Platform to enhance EU cooperation in the prevention, control and deterrence of undeclared work, and in the reinafter referred to agularisation of jobs (‘the Platform’), is hereby established.
Amendment 264 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) the European Parliament.
Amendment 295 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The Platform should be able to follow the latest trends in the evolvement of undeclared work in all its forms in order to effectively control it. The overriding objective of the Platform shall be to provide value-added input at Union level to Member States’ and Union institutions’ efforts, together with the social partners, effectively control and to successfully tackle the complex problem of undeclared work and the regularisation of jobs, and their manifold implications and consequences. The Platform, as set out in Article 1 (1), shall to that end contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 302 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) improving cooperation between Member States’ different enforcement authorities at EU level to prevent, control and deter more efficiently and effectively undeclared work, including bogus self- employment, more efficiently and effectively falsely or partly declared work -in terms of working hours, salaries and the true nature of work- ,
Amendment 320 #
2014/0124(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) Develop expertise and analysis, to introduce effective control mechanisms.
Amendment 333 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) Define new forms of undeclared work in the light of the given latest developments in the labour market in order to tackle it in all its forms,
Amendment 342 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) Examine the relation between the financial situation of the member-states and its effects to undeclared work.
Amendment 363 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of systematic inspections to tackle undeclared work,