Activities of Romana TOMC
Opinions (1)
Opinion on the general budget of the European Union for the financial year 2025 - all sections
Amendments (1249)
Amendment 11 #
2023/2182(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the agencies are the most qualified at assessing the use of resources and play a crucial role in supporting the right sustainable projects in line with the European Green Deal; welcomes in this regard that almost all agencies have established corporate plans to improve energy efficiency and climate neutrality of its operations; calls on the Commission to ensure funding supporting the EU agencies in securing the social dialogue; notes that EU agencies have a crucial role in securing social dialogue with the EU institutions;
Amendment 15 #
2023/2182(DEC)
Draft opinion
Paragraph 9 – point 1 (new)
Paragraph 9 – point 1 (new)
(1) 9a. Welcomes the Commission communication entitled ‘Long-term competitiveness of the EU: looking beyond 2030’ aiming to rationalise and simplify reporting requirements by 25 % for each of the green, digital and economic thematic areas, and calls on the EU agencies to streamline their internal procedures to reduce unnecessary administrative burdens;
Amendment 10 #
2023/2167(DEC)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) 9. Commends the Foundation for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 10 #
2023/2167(DEC)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) 9. Commends the Foundation for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 8 #
2023/2166(DEC)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) 8a. Commends the Agency for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 8 #
2023/2166(DEC)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) 8a. Commends the Agency for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 8 #
2023/2163(DEC)
Draft opinion
Paragraph 6 – point 1 (new)
Paragraph 6 – point 1 (new)
(1) 6a. Commends the Foundation for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 9 #
2023/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in public procurement procedures where a contract was awarded to a tender whose financial offer exceeded the maximum budget with more than 100%; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules and financial regulations, to ensure they achieve the best possible value for money;
Amendment 9 #
2023/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in public procurement procedures where a contract was awarded to a tender whose financial offer exceeded the maximum budget with more than 100%; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules and financial regulations, to ensure they achieve the best possible value for money;
Amendment 14 #
2023/2155(DEC)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) 7a. Notes that the Authority yet has to establish a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 14 #
2023/2155(DEC)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) 7a. Notes that the Authority yet has to establish a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 9 #
2023/2143(DEC)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) 7a. Notes the Court’s observations on budgetary management and calls on Cedefop to improve its internal procedures in this regard;
Amendment 10 #
2023/2143(DEC)
Draft opinion
Paragraph 7 – point 2 (new)
Paragraph 7 – point 2 (new)
(2) 7b. Commends Cedefop for having established a corporate plan to improve energy efficiency and climate neutrality of its operations;
Amendment 2 #
2023/2129(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Is worried by the fact that by the end of 2022, total outstanding commitments reached a record level of over €450 billion; takes note, however, that the increase is mainly a result of an increased commitment of funds during the second year of NGEU implementation, as well as the start of 2021- 2027 shared management fund implementation, and that , according to the Commission, after a further increase to some €460 billion in 2023, the outstanding commitments should decrease during 2024 to 2027 to €314 billion;
Amendment 5 #
2023/2129(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 7 #
2023/2129(DEC)
4. Is greatly worried that the overall level of error, estimated by the European Court of Auditors, was material at 4.2 %, compared to 3.0 % in 2021; and is particularly worried that the level of error is mainly driven by ‘Cohesion, resilience and values’, which was the biggest contributor to this rate (2.5 %); recognises that the majority of spending in this area is deemed high-risk expenditure as mainly reimbursement-based and often subject to complex rules; notes that the most common errors under the Cohesion heading were ineligible projects and infringements of internal market rules, in particular non- compliance with public procurement and state aid rules; calls for urgent action to decrease the error rate in the future, especially for the new funding period, and calls on the Commission to assist the agencies to improve their internal procedures in order to ensure compliance with applicable public procurement and state aid rules;
Amendment 12 #
2023/2129(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to follow up and take necessary action with regards to all errors found by the Court and to requesimplement additional financial corrections, where deemed necessary;
Amendment 6 #
2023/2066(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the European Social Charter, adopted in Turin in 1961,
Amendment 42 #
2023/2066(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Council Recommendation of 22 May 2019 on High-Quality Early Childhood Education and Care Systems,
Amendment 44 #
2023/2066(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
– having regard to the Proposal for a Council Recommendation 2022/0263 of 14 September 2022 on the Revision of the Barcelona targets on early childhood education and care,
Amendment 88 #
2023/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Pillar of Social Rights Action Plan, adopted in 2021, aims to reduce the number of children at risk of poverty and social exclusion by at least 5 million by 2030; whereas even if this target were achieved around 15t least 20 million children in the EU would still be at risk of poverty and social exclusion;
Amendment 95 #
2023/2066(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas early disparities in skills, in children’s sense of curiosity, security and confidence become difficult to compensate for and have grave developmental implications over time and throughout the lifespan;
Amendment 99 #
2023/2066(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas children need the opportunity to learn, play, explore and communicate, and for that, ensuring adequate family income and housing conditions is vital;
Amendment 103 #
2023/2066(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the socio-economic status (SES) of children who are poor or at risk of poverty may lead to large developmental disparities, which precede the start of formal schooling and hinder the ability of education and learning systems to produce equal outcomes for all;
Amendment 114 #
2023/2066(INI)
Motion for a resolution
Recital C
Recital C
C. whereas childcare and pre-school education mayas well as the development of cognitive, physical and socio-emotional skills necessary for participation in school and society, are of considerable importance for all children and do play a significant role in compensating for the socio-economic status of children at risk of poverty and foster the integrin particular for children in vulnerable situations of parents, especially mothers, into the labour marketr from disadvantaged backgrounds;
Amendment 122 #
2023/2066(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas institutions with semi- inpatient and inpatient facilities, especially in times of crisis, need good, qualified staff with child-friendly staffing levels to ensure that children and their families are cared for as needed and to provide children with qualified educational opportunities in order to promote their social integration;
Amendment 124 #
2023/2066(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, particularly in times of crisis, the creation of high-quality jobs, through the expansion and promotion of companies, flexible, dynamic labor markets, the elimination of unemployment, particularly youth unemployment, combating the shortage of skilled workers through a corresponding qualification offensive and a right to training, is an important preventive measure to reduce inequalities and promote the social inclusion of children and their families;
Amendment 131 #
2023/2066(INI)
Motion for a resolution
Recital D
Recital D
D. whereas even in countries where the right to health is enshrined in law, many children and their families do not have access to adequate healthcare and some have extremely limited access to services other than emergency services, putting at risk the health of women, their relatives and their children during pregnancy and childbirth, as well as the health of babies and children;
Amendment 139 #
2023/2066(INI)
Motion for a resolution
Recital E
Recital E
E. whereas children, parents, families and foster families and carers should be protected from discrimination, such as discrimination on grounds of sex, language, sexual orientation, religion or belief, political or ideological beliefs, national, racial, ethnic or social origin, belonging to a national minority, economic situation, disability, age or any other status, and children from vulnerable population groups are at greater risk of marginalisation, poverty and social exclusion;
Amendment 162 #
2023/2066(INI)
Motion for a resolution
Recital F
Recital F
F. whereas playing gives children the opportunity to express themselves in a symbolic way and forms an essential basis of the way they think, strengthening children’s participation in society ;
Amendment 172 #
2023/2066(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the latest global estimatesit seems to be a taboo subject, there are strong indicateions that 160 million children were in child labour at the beginning of 2020, which accounts for almost 1 in 10 children worldwidechild labour remains a serious problem in Europe, interfereing with children’s schooling, affecting their results and leading to drop out of school;
Amendment 177 #
2023/2066(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas children belong in school and not in factories or fields;
Amendment 180 #
2023/2066(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the main cause for children having to work is poverty;
Amendment 182 #
2023/2066(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas child labour might be growing in the wake of the economic crisis and countries that were badly affected by austerity measures are countries at risk;
Amendment 184 #
2023/2066(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Amendment 185 #
2023/2066(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. whereas many countries have adequate legislation but fail to monitor actual practices;
Amendment 186 #
2023/2066(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. whereas the best interests of the child should be the guiding principle, as stated in the UN Convention on the Rights of the Child and the standards of the European Social Charter;
Amendment 204 #
2023/2066(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to establish policies (and practices) that empower parents to support their children outside the childcare setting throughout their childhood, and particularly during early childhood, when children are aged 0–3;
Amendment 214 #
2023/2066(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. DeplorNotes the fact that the governments of the Member States are moving away from universal policies and increasingly promoting policies based on the liberalisation of services and instruments whose availability depends on the resources of the beneficiaries; stresses for this reason, that universal and long-term policies offergive better protection against the multiple causes of poverty and social exclusion, by providing structural responses that can, if necessary, also be supplemented by immediate, one-offreinforcing necessary support measures;
Amendment 223 #
2023/2066(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to refrain from recommending reforms that lead to cuts in and the weakcommend a strengthening of public administrations and services in the Member States, aimed at in order to reduce inequalities and promotinge the relaxation of employment relationships and the privatisation of public services, which have led to the weakening and, in some cases, the undermining of the social and labour rights of children and their families; deploressocial inclusion of children and their families in times of crisis and to counteract privatisation; expresses its incomprehension with regard to the recent statements by the President of the ECB, who criticised the investments by national governments in social responses aimed at addressing the increased cost of living;
Amendment 240 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes that the lessons learned from the Corona crisis have clearly shown that tools such as home office, online teaching and social care/counseling on the computer can also have a negative impact on promoting the social inclusion of children and their families;
Amendment 243 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 247 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasizes that children in special life situations due to illness, care, disability and / or cognitive disorders need specific and targeted measures as well as special educational and care offers in order to preventively counteract inequalities in social security protection and a lack of social integration of their person and their families in times of crisis;
Amendment 250 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Emphasizes that parents deserve the utmost respect and esteem from all of us, because a strong Europe can only come from strong families; calls on the Member States to set up counseling structures tailored to the needs of all parents, particularly with regard to disadvantaged sections of society;
Amendment 252 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Member States to promote family- centered early childhood policies and intervention that pay attention to the needs and aspirations of families, especially vulnerable families as defined within their context, and that contribute to a more inclusive, future-oriented society.
Amendment 254 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
Amendment 255 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Moreover calls on Member States to pay specific attention to the problems of child labour in Europe, and to carefully evaluate the potential impact on child labour caused by budgetary cuts in the field of education and training as well in social policies and support to families;
Amendment 256 #
2023/2066(INI)
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls on Member States to more intensively fight and condemn child labour, to investigate and guarantee labour inspection agencies to be in a position to do their work adequately, to collect data and monitor child labor and to use the UN Convention on the Rights of the Child and the European Social Charter as guidance for preventive and remedial action;
Amendment 285 #
2023/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Member States ensure that all children halife-long learning involves access to formal and non-formal, public, free, inclusive and quality education at all ages, while children in particular require a needs-based design ;
Amendment 314 #
2023/2066(INI)
9. Highlights the experience of some Member States, which ensure that textbooks and teaching materials, as well as school transport and meals, are provided free oflunch-time supervision and care and after school homework supervision are provided free of charge or subject to a minimal charge; recommends extending this system to all Member States as a means of ensuring equal access to education and care and as an important means of financial support for the most vulnerable of families ;
Amendment 339 #
2023/2066(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the right to affordable comfortable housing that meets the needs of children and their families and ensures their well- being, privacy and quality of life; calls on the Member States to promote a public housing policy that tackles property speculation and guarantees this right;
Amendment 346 #
2023/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to foster programmes to monitor the prices of energy, transport and other essential goods in order to reduce the impact of the rise in the cost of living on children and their families, and in order to counteract financially if necessary;
Amendment 361 #
2023/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Condemns all forms of violence, abuse, exploitation and neglect with regard to children; calls on the Member States to develop and implement integrated prevention and protection systems for children with a view to eradicating violencein order to eliminate all shortcomings and to strengthen, increase and promote the best interests of children;
Amendment 371 #
2023/2066(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to invest in support and, follow-up, care and education for children and young asylum seekers, as well as their families, and host institutionin the accommodation/reception centres, in order to reduce inequalities and promote the social inclusion of children and their families in times of crisis;
Amendment 71 #
2023/0083(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) For this reason, this Directive seeks the highest possible level of harmonization. Only full harmonization will ensure that consumers in the EU will have the same rights everywhere concerning warranties and their rights to repair. Harmonized rules will ensure effective consumer protection through clearer information and enforcement at a European level, regardless of the place of residence.
Amendment 93 #
2023/0083(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods to which reparability requirements imposed by Union legal acts apply. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market. However, that obligation cannot persist for an unlimited amount of time, since that may limit the economic choice of a producer to no longer produce a specific product. Therefore that obligation should only be enforceable for a time period of 10 years and only if the product in question is still being produced at the time of the repair request. The economic freedom of choice to stop manufacturing a product must be guaranteed. In that case the repair becomes factually impossible.
Amendment 120 #
2023/0083(COD)
Proposal for a directive
Recital 17
Recital 17
(17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by such reparability requirements under Union legal acts. In order to ensure coherence with future reparability requirements under Union legal acts, 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 in respect of in particular adding new product groups to Annex II when new reparability requirements are adopted. 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 of 13 April 2016 on Better Law-Making18 . 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 systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 18 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 213,12.5.2016, p. 1)Commission may propose the revision of this Directive following the ordinary legislative procedure.
Amendment 144 #
2023/0083(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 240 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub- contract repair in order to fulfil its obligation to repair.
Amendment 257 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II. Producers shall ensure, that the software of their products does not restrict or impose barriers in the application of the product in the case of repair by independent repairers.
Amendment 273 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 283 #
2023/0083(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that producers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services in an easily accessible, clear and comprehensible manner free of charge, for example through the online platform referred to in Article 7.
Amendment 305 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers.
Amendment 312 #
2023/0083(COD)
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 341 #
2023/0083(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
In Article 13(2) of Directive (EU) 2019/771 the following sentence is added:paragraph is added: (X) Where, in accordance with paragraph 2 of this Article, the consumer chooses the repair option as the remedy to bring the goods into conformity , the seller shall be liable for any lack of conformity which exists at the time the consumer received the repaired goods and which becomes apparent within 6 months after that time. This shall not apply if the seller has already successfully repaired the goods in accordance with Article 10. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. This paragraph shall be without prejudice to other time limits under Article 10 and further claims of the consumer."
Amendment 343 #
2023/0083(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 351 #
2023/0083(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 10 – paragraph 3
Article 10 – paragraph 3
Article 10 paragraph 3 of the Directive (EU) 2019/771 is deleted.
Amendment 361 #
2023/0083(COD)
Proposal for a directive
Article 15
Article 15
Amendment 6 #
2023/0000(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for a strong budgetary response by the Union in 2024 to the social and economic difficulties faced by Europeans as a consequence of inflation and the cost of living crisis, in the context of the war in Ukraine and post-pandemic challenges; is concerned in particular that high energy and food prices, and continued pressure on essential services and supplied chains are exacerbating already existing social and economic inequalities, eroding the middle class, and worsening the living and working conditions and mental health of many workers and their families; stresses the importance of ensuring streamlined administrative processes to facilitate access to Union funds to the benefit of European citizens and businesses;
Amendment 10 #
2023/0000(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the budget should support policies and measures to facilitate the labour market transitions, to strengthen the competitiveness of our economies, create quality employment, further develop resilient national social systems, reduce poverty and increase upward social convergence across the Union so that no one is left behind; notes in particular that investment in lifelong learning, reskilling and upskilling is essential to address the green and digital transition; welcomes in this context the 2023 Porto Social Forum conclusions highlighting – in the framework of the European Year of Skills – how robust policies on skills, education and training can create better employment, swifter integration in the labour market and foster social inclusion, and consequently boost the resilience and competitiveness of the EU´s economy and society; calls for financial support to the creation of local strategies for skills and skills development hubs in cooperation with employment agencies of cities; insists on the importance of investing in social inclusion and measures for children and young people; recalls that the integration into the labour market of the most vulnerable groups, such as people in poverty, people with disabilities, young and elderly people, the unemployed, and people displaced as a result of the war in Ukraine, is paramount;
Amendment 21 #
2023/0000(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that a skilled workforce that keeps up with the demands of a modern labour market is essential to stimulate economic growth, competitiveness and social prosperity;
Amendment 22 #
2023/0000(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights the regulatory burden on EU employers and its possible negative impact on competitiveness, growth and quality job creation; continues to support the ‘one in, one out’ principle and calls on the Commission to develop a more ambitious Better Regulation agenda, which should lead to a reduced regulatory burden for EU employers;
Amendment 23 #
2023/0000(BUD)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Welcomes the Commission communication entitled ‘Long-term competitiveness of the EU: looking beyond 2030’ aiming to rationalise and simplify reporting requirements by 25 % for each of the green, digital and economic thematic areas, and the Commission’s presentation of a proposal for achieving this by autumn 2023; calls on the Commission to demonstrate this commitment swiftly, thereby improving the competitiveness of all undertakings in the EU, including small and medium- sized enterprises (SMEs), and enhancing the basic conditions for social justice and prosperity; recalls that SMEs are the backbone of our social cohesion;
Amendment 45 #
2023/0000(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Regrets the further decrease in the allocation for the Budget line 07 20 04 06 (Specific competences in the area of social policy, including social dialogue); highlights that strong social dialogue is a key feature of the European social model; recalls the commitment of the Union to promote the role of social partners and to facilitate social dialogue, in line with Article 152 of the Treaty on the Functioning of the European Union; stresses the need to ensure adequate support for social dialogue and to develop and improve the capacity of social partners and to increase the allocation for this budget line, as well as to guarantee adequate support for information and training measures for workers’ organisations, taking also into account the continued impact of inflation on staff expenditure in the budgets of the trade union institutes;
Amendment 49 #
2023/0000(BUD)
Draft opinion
Paragraph 12
Paragraph 12
12. Recalls that the agencies Eurofound, EU-OSHA, Cedefop, ETF and ELA play an important role in providing Union institutions and countries with specialised knowledge notably on employment and social issues and that they must receive the necessary resources to fulfil their evolving tasks; notes that the 2024 estimates for agencies are in line with the budget programming and that an additional amount ( EUR 650,000 in 2024) is planned for Eurofound for the second year in a row to help it cope with the sharp increase in the coefficient corrector in Ireland; supports ELA’s call for transforming 15 seconded national experts posts into temporary agent posts and for two additional contractual agent posts - without budget impact - with a view to be able to attract and retain the necessary staff resources to fulfil its tasks;
Amendment 53 #
2023/0000(BUD)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the proposed Mid-Term revision of the MFF 2021-2027 and underlines the need for a solid, sustainable plan to cover increased interest costs on debt repayments under the Union’s COVID-29 recovery fund; fully endorses further financial aid to Ukraine and welcomes the newly proposed Ukraine Facility;
Amendment 54 #
2023/0000(BUD)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Highlights the demographic situation in the Union with an ageing population as a demographic phenomenon which involves a decrease both in fertility and mortality rates and a higher life expectancy; insists on the need to invest in social infrastructures to address the demographic challenge; stresses the lack of European and national policy responses to the impact of demographic change;
Amendment 59 #
2023/0000(BUD)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to develop a proper strategy for the mainstreaming of social objectives in Union spending; considers that a social mainstreaming methodology in the Union budget would be necessary in order to ensure that all Union-funded policies are compliant with the social standards defined in the European Pillar of Social Rights, and that all Union spending contributes to European social objectives or at least does not work contrary to those objectives.
Amendment 62 #
2023/0000(BUD)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the role of the Support to mitigate Unemployment Risks in an Emergency (SURE) instrument as a crucial element to protect citizens and mitigate the economic and social consequences of the COVID-19 pandemic; underlines that this instrument provided EU macroeconomic stabilisation through support for national counter- cyclical fiscal policies; calls on the Commission to encourage all Member States to strengthen their national unemployment benefit schemes; calls on the Commission to build on the loan- based SURE experience for crisis situations in which national schemes temporarily lack sufficient resources, thereby limiting potential macroeconomic stabilisation; asks the Commission to take into account the observations made by the European Court of Auditors as regards the implementation and the transparency of the SURE instrument.
Amendment 5 #
2022/2119(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, the final budget of the Foundation for the financial year 2021 was the same as for the financial year 2020 and amounted to EUR 27 million; expresses its satisfaction that the Foundation’s budget for 2021 was executed by 100%;
Amendment 6 #
2022/2118(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, the final budget of the Agency for the financial year 2021 was EUR 22 million, representing an increase of 10% compared to 2020; expresses its satisfaction that the Agency’s budget for 2021 was executed by 97%.
Amendment 9 #
2022/2118(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is worried about the fact that the ECA reported on certain weaknesses in the procurement procedure, which go against the requirements of Articles 61 and 150of the Financial Regulation;
Amendment 6 #
2022/2116(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, the final budget of the Foundation for the financial year 2021 was the same as for the financial year 2020 and amounted to EUR 21 million; expresses its satisfaction that the Foundation’s budget for 2021 was executed by 99.9%;
Amendment 5 #
2022/2108(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with concern that the ECA reported that the Authority has not yet adopted a Business Continuity Plan, which constitutes a major internal weakness in its procedures;
Amendment 5 #
2022/2095(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the final budget of the Centre for the financial year 2021 was the same as for the financial year 2020 and amounted to EUR 25 million; expresses its satisfaction that the Centre’s budget for 2021 was executed by 100%;
Amendment 2 #
2022/2081(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note that by the end of 2021, total outstanding commitments totalled EUR 341.6 billion; highlights, however, that outstanding commitments from the EU budget decreased significantly from a historic high of EUR 303.2 billion at the end of 2020, mainly due to delays to the start of the implementation of shared management under the 2021-2027 MFF; notes that outstanding commitments for Heading 2a ‘Cohesion policy’ amounted to EUR 120.4 billion;
Amendment 8 #
2022/2081(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes with satisfaction that EaSI Financial Instruments (encompassing the EaSI Microfinance and Social Entrepreneurship Guarantee, the Capacity Building Investments Window and the Funded Instrument) continued in 2021 to support microenterprises and social enterprises, and that from its launch until 30 September 2021, guarantee agreements worth of EUR 401 million were signed which resulted in a total of 154 137 loans to micro- and social enterprises worth of EUR 2.5 billion; regrets, however, the late start of EaSI in 2021 as a result of the COVID-19 pandemic and other issues;
Amendment 4 #
2022/2060(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher standards, innovation and better services for the consumer; furthermore, stresses that a strong and robust competition policy is crucial for the development of a fair and level playing field for all market players,particularly SMEs, and can help to foster growth, innovation and competitiveness in the single market;
Amendment 15 #
2022/2060(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem; notes in particular high divergences in the level of energy subsidies provided by Member States in response to rising energy prices; stresses the importance of a coordinated response that avoids distortion of the EU internal energy market;
Amendment 28 #
2022/2060(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission additional staff and resources are assigned for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 34 #
2022/2060(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support net neutrality and prevent all attempts to undermine itbenefit gigabit connectivity when combined with more harmonized rules on frequency and access to fiber networks;
Amendment 48 #
2022/2060(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to continue assisting and supporting Member States in the transposition of the ECN+ Directive1ainto national law to ensure that national competition authorities cooperate and work together to enforce EU competition rules; _________________ 1a Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (OJ L 11, 14.1.2019, p. 3).
Amendment 54 #
2022/2060(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to ensure that Member States correctly apply the Temporary Crisis Framework to ensure that support for energy costs reaches those that require it such as the retail and wholesale sector, which are hit by the current crisis but not traditionally thought of as energy intensive; furthermore, calls on the Commission to closely monitor compliance with the Temporary Crisis Framework;
Amendment 67 #
2022/2060(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that services represent the largest economic sectoractivity in the European Union in terms of gross added-value and have still not yet reached their competitive potential and the level ofsingle market for services lags well behind the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established; including through the enforcement of competition rules;
Amendment 74 #
2022/2060(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market5; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field5 . for all companies operating in the single market so that non-EU subsidies can be thoroughly examined and distortions can be adequately addressed; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).
Amendment 4 #
2022/2046(INI)
Draft report
Recital D
Recital D
D. whereas, in times of increasing inflation, rapid increases in food and energy prices across the Union affect the most vulnerable, citizens rightly expect the EU budget to respond effectively to evolving needs and to support them in crises;
Amendment 7 #
2022/2046(INI)
Draft report
Recital E
Recital E
E. whereas the combined effect of multiple crises and low MFF ceilings has given rise to a ‘galaxy’ of ad hoc instruments beyond the EU budget, as well as greater use of external assigned revenue not subject to the budgetary procedure, most notably in the case of NextGenerationEU (NGEU); whereas NGEU with the Recovery and Resilience Facility (RRF) ensured an economically and socially sustainable, just, inclusive and non-discriminatory recovery; whereas, as one arm of the budgetary authority, Parliament should play a full role in this new budgetary environment in order to ensure democratic accountability and transparency; whereas the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) adopted by the Commission was a success;
Amendment 8 #
2022/2046(INI)
Draft report
Recital G a (new)
Recital G a (new)
Ga. whereas the European Pillar of Social Rights (EPSR) Action Plan set a target for the Union to reduce the number of people at risk of poverty or social exclusion by at least 15 million, including at least 5 million children, and adopted a series of proposals in order to reach that goal by 2030;
Amendment 10 #
2022/2046(INI)
Draft report
Paragraph 1
Paragraph 1
1. Underlines the central role that the EU budget plays in delivering on the Union’s political priorities, including making a success of the green and digital transitions, fostering an inclusive and social recovery, promoting growth, strategic autonomy and energy independence, providing support for small and medium-sized enterprises, fostering sustainable development that leaves no one behind and ensures cohesion and upward convergence, ensuring a more robust European Health Union in the aftermath of the COVID-19 crisis, promoting the rule of law, EU values and fundamental rights, contributing to greater opportunities for all, and ensuring a stronger Union for its people and in the world; points out that the European Social Fund Plus (ESF+) is the key driver for strengthening the social dimension of the Union and the main instrument for investing in people, promoting high employment levels, building social protection and developing a skilled and resilient workforce ready for the transition to a green and digital economy in line with the principles of the European Pillar of Social Rights;
Amendment 15 #
2022/2046(INI)
Draft report
Paragraph 3
Paragraph 3
3. Highlights that, in the short term, large-scale humanitarian aid in Ukraine and financial support to Member States receiving and helping to settle people fleeing the conflict are needed to address the impact of the war against Ukraine; welcomes the efforts made by Member States hosting persons fleeing the war in Ukraine in terms of offering infrastructure, education and work to refugees;
Amendment 17 #
2022/2046(INI)
Draft report
Paragraph 8
Paragraph 8
8. Emphasises, therefore, that the 2021-2027 MFF is already being pushed to its limits less than two years after its adoption, a situation aggravated by the unforeseeable events of 2022; points out that it is simply not equipped, in terms of size, structure or rules, to respond to a multitude of crises of this scale, nor to adequately finance new shared EU policy ambitions and the swift implementation of the requisite EU-wide solutions; recalls that ESF+ is expected to contribute to the implementation of the European Pillar of Social Rights Action Plan; is concerned about the very limited margins available under the MFF and insists for the need to enhance spending to speed up the implementation of the EPSR Action Plan;
Amendment 27 #
2022/2046(INI)
Draft report
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the demographic situation in the EU with ageing population as a demographic phenomenon which involves a decrease both in fertility and mortality rates and a higher life expectancy; welcomes the European Care Strategy and calls for its support within the MFF; insists on the need to invest in social infrastructures to address the demographic challenge; stresses the lack of policy responses to the impact of demographic change;
Amendment 28 #
2022/2046(INI)
Draft report
Paragraph 19
Paragraph 19
19. Regrets that, contrary to Parliament’s position, it was decided that the costs of EURI borrowing and the repayment of debt be included as a budget line under Heading 2b, alongside flagship programmes such as Erasmus+, EU4Health, and Citizens, Equality, Rights and Values; stresses that interest costs and debt repayment depend on market developments, are not discretionary spending, do not follow the logic of caps on spending and should never compete with programmes under the same ceiling; recalls that any activation of the Emergency Support Instrument also depends on the availability of an unallocated margin under the ceiling of this heading; insists, therefore, that the status quo presents significant risks to programme spending and that the repayment line be removed from Heading 2b and counted over and above the MFF ceilings; stresses the importance of European Year of Skills 2023 with concrete actions and policies to further develop employment and entrepreneurship measures and supported by adequate funding within the MFF;
Amendment 45 #
2022/2046(INI)
Draft report
Paragraph 28
Paragraph 28
28. Underlines that the temporary and short-term flexibility introduced into cohesion policy funds through the series of Cohesion’s Action for Refugees in Europe (CARE) proposals helped Member States to deal quickly with the impact of the war against Ukraine, following on from the model of the Coronavirus Response Investment Initiatives, CRII and CRII+, which enabled EU action at the beginning of the COVID-19 pandemic; calls for a temporary European social resilience package coordinating a set of measures and means to strengthen social welfare and social protection systems in the EU, including the continuation and refinancing of SURE as long as the socio- economic consequences of the war continue to have a negative impact on the labour market;
Amendment 117 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regardingefforts to establish appropriate recycling and composing streams, tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. __________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 155 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including composting times and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processesquality of the output, composting proper processing times and admissible levels of contamination. __________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 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 Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 158 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation, design and differentiation functionality, they should not be part ofthe main performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aund protected under the EU geographical indication protection schemeer or otherwise protected by the Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication that have been given distinctive recognition by the Union, as part of the Union’s objective to protect Intellectual property rights, cultural heritage and traditional know-how. Traditional packaging associated with products that have been granted distinctive recognition or that are subject to geographical indication of origin protection shall, however, seek to reduce packaging weight to the smallest amount possible while protecting the shape of the packaging in accordance with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 163 #
2022/0396(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the food safety of the products.
Amendment 164 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises food safety of the products. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. In light of the significant amount of water needed to implement a re-use system, especially for food and beverages and at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.
Amendment 168 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises
Amendment 179 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 188 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 194 #
2022/0396(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 2008/98/EC, when its holder discards it, intends to discard it or is obligated to discard it. Reusable packaging in a reconditioning process is normally not considered to be waste.
Amendment 344 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaginge delegated act referred to in paragraph 5, information to facilitate consumer sorting shall be marked on the packaging or shall be available through digital means according to Article 11(4). This obligation does not apply to transport packaging, to packaging mentioned in Article 7(3), retail packaging subject to final packaging, as in the case of over the counter food sales, and to reusable gas receptacles. However, it applies to e- commerce packaging.
Amendment 360 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 364 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation],e implementing act referred to in paragraph 5, reusable packaging shall bear a label on packaging reusability andor shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. The marketing authorization holder is permitted to transmit the package leaflet's information via digital data carrier for medicinal products as defined in Article 1, point (2) of Directive 2001/83/EC and as required by Articles 59 and 52 of that same directive.
Amendment 376 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content, that label from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 391 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it. In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 400 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 404 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1packaging materials by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 410 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please inset the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 418 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonized symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 424 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging produced or imported prior the deadlines referred to in paragraphs 1, 2 and 3, may be put into the market until 36 months after the entry into force of this Regulation.
Amendment 453 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of the Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of the Directive 2001/83/EC.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used use in industrial and healthcare environments.
Amendment 606 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Amendment 607 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.
Amendment 609 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has made availableplaced on the market throughout the Union.
Amendment 611 #
2022/0396(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process
Amendment 98 #
2022/0302(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health, that is to say an adverse effect on the victim’s psychological integrity of such gravity or intensity that it affects the victim’s general state of health and that it cannot be resolved without medical treatment.
Amendment 110 #
2022/0302(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to protect consumers, damage to any property owned by a natural person should be compensated. Since property is increasingly used for both private and professional purposes, it is appropriate to provide for the compensation of damage to such mixed- use property. In light of this Directive’s aim to protect consumers, property used exclusively for professional purposes should be excluded from its scopeProperty used exclusively for professional purposes by small and micro enterprises should be covered by this Directive unless bilateral arrangements are specified in a separated contract between stakeholders.
Amendment 124 #
2022/0302(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that injured persons have an enforceable claim for compensation where a manufacturer is established outside the Union, it should be possible to hold the importer of the product and the authorised representative of the manufacturer liable. The authorized representative should be verifiable and have access to personnel with sufficient and relevant knowledge and experience to have a meaningful impact. Practical experience of market surveillance has shown that supply chains sometimes involve economic operators whose novel form means that they do not fit easily into the traditional supply chains under the existing legal framework. Such is the case, in particular, with fulfilment service providers, which perform many of the same functions as importers but which might not always correspond to the traditional definition of importer in Union law. In light of the role of fulfilment service providers as economic operators in the product safety and market surveillance framework, in particular in Regulation (EU) 2019/1020 of the European Parliament and of the Council46, it should be possible to hold them liable, but given the subsidiary nature of that role, they should be liable only where no importer or authorised representative is based in the Union. In the interests of channelling liability in an effective manner towards manufacturers, importers, authorised representatives and fulfilment service providers, it should be possible to hold distributors liable only where they fail to promptly identify a relevant economic operator based in the Union. _________________ 46 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 132 #
2022/0302(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In the transition from a linear to a circular economy, products are designed to be more durable, reusable, reparable and upgradable. The Union is also promoting innovative and sustainable ways of production and consumption that prolong the functionality of products and components, such as remanufacturing, refurbishment and repair.47. In addition, products allow for modifications through changes to software, including upgrades. When a product is modified substantially outside the control of the original manufacturer, it is considered to be a new product and it should be possible to hold the person that made the substantial modification liable as a manufacturer of the modified product, since under relevant Union legislation they are responsible for the product’s compliance with safety requirements. Whether a modification is substantial is determined according to criteria set out in relevant Union and national safety legislation, such as modifications that change the original intended functions or affect the product’s compliance with applicable safety requirements. In the interests of a fair apportionment of risks in the circular economy, an economic operator that makes a substantial modification should be exempted from liability if it can prove that the damage is related to a part of the product not affected by the modification. Economic operators that carry out repairs or other operations that do not involve substantial modifications should not be subject to liability under this Directive. _________________ 47 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A new Circular Economy Action Plan for a cleaner and more competitive Europe, COM/2020/98 final.
Amendment 178 #
2022/0302(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down common rules on the liability of economic operators for damage suffered by natural persons caused by defective products. This Directive shall also cover the liability of economic operators that are small and micro enterprises for damage suffered by legal persons if this liability was not specified in a separated contract between the parties.
Amendment 199 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘product’ means all movables, even if integrated into another movable or into an immovable. ‘Product’ includes electricity, digital manufacturing files and software; For the purpose of this directive, “software” excludes free and open-source software developed or supplied outside the course of a commercial activity;
Amendment 224 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, including medically recognised harm to psychological health;
Amendment 229 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point b – point iii
Article 4 – paragraph 1 – point 6 – point b – point iii
(iii) property used exclusively for professional purposes, unless among small and micro enterprises, when covered by business to business contractual agreements;
Amendment 231 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point c
Article 4 – paragraph 1 – point 6 – point c
(c) loss or corruption of data that is not used exclusively for professional purposes; unless for small and micro enterprises that are not covered by business to business contractual agreements;
Amendment 238 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 7 a (new)
Article 4 – paragraph 1 – point 7 a (new)
(7a) 'medically recognised harm to psychological health' means adverse psychological effects that are supported by expert evidence and amount to a diagnosed illness according to WHO criteria and that cannot be resolved without medical treatment, excluding stress and anxiety;
Amendment 244 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘manufacturer’ means any natural or legal person who develops, deploys, manufactures or produces a product or has a product designed or manufactured, orand who markets that product under its name or trademark or who develops, manufactures or produces a product for its own use;
Amendment 254 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
Article 4 – paragraph 1 – point 17 a (new)
(17a) 'Authorised representative' means any natural or legal person established within the Union who has received and accepted a written mandate from a manufacturer, to act on the manufacturer’s behalf in relation to specified tasks with regard to the latter’s obligations under this directive;
Amendment 258 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
Article 4 – paragraph 1 – point 17 b (new)
Amendment 262 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 17 c (new)
Article 4 – paragraph 1 – point 17 c (new)
(17c) ‘obvious malfunction’ means the undisputable failure of a product to operate normally during its designated use.
Amendment 263 #
2022/0302(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that any natural person or legal person as specified in Article 1, who suffers damage caused by a defective product (‘the injured person’) is entitled to compensation in accordance with the provisions set out in this Directive.
Amendment 323 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Any natural or legal person that modifies a product that has already been placed on the market or put into service shall be considered a manufacturer of the product for the purposes of paragraph 1, where the modification is considered substantial under relevant Union or national rules on product safety and is undertaken outside the original manufacturer’s control.
Amendment 339 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that national courts are empowered, within the framework of the applicable procedural law of the Member States and the Directive (EU) 2016/943 of the European Parliament and of the Council, upon request of an injured person claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation, to order the defendant to disclose relevant evidence that is at its disposal.
Amendment 387 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) it isfactual evidence suggests that it is highly likely that the product was defective or that its defectiveness is an such a way that is a highly likely cause of the damage, or both.
Amendment 421 #
2022/0302(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that the liability of an economic operator pursuant to this Directive is not, in relation to the injured person, limited or excluded by a contractual provision or by national law. This does not affect the ability of economic entities that are small and micro enterprises to commercially agree on distribution of liability as between themselves.
Amendment 436 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. A software update or upgrade which does not amount to a substantial modification according to Article 7(4) shall not trigger or restart the limitation period referred to in paragraph 2.
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 263 #
2022/0269(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 334 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of personsbusiness with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 505 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 508 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;
Amendment 512 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 594 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 598 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 645 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 692 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 747 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;
Amendment 750 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 806 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 811 #
2022/0269(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 827 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 11 #
2021/2141(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Expresses concern about the long and non-transparent procedure of appointing the new Executive director of the agency;
Amendment 4 #
2021/2119(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the objective of public procurement rules is to ensure fair competition between tenderers and to procure goods and services at the best price, respecting the principles of transparency, proportionality, equal treatment and non-discrimination; regrets that the contracts signed by Cedefop and audited by ECA were affected by public procurement shortcomings;
Amendment 9 #
2021/2119(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Reminds that, similarly to 2019, the method for calculating contributions set out in the Statement on Cedefop-EFTA cooperation was not applied correctly in the 2020 financial year, as the ECA identified three calculation errors and as an overall impact, Norway's and Iceland's contributions to the Cedefop 2020 were €20 272 higher than they should have been, and the Union contribution was €20 272 lower than it should have been;
Amendment 3 #
2021/2106(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that Commission activated business continuity plans in good time to ensure the continuation of key governance processes and the well- being of staff during the COVID-19 pandemic; expresses satisfaction that Commission rapidly adapted its work to the pandemic through accelerated digitalisation measures, collaborated better, and improved the way they exchanged information to remain operational;
Amendment 9 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
Amendment 21 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
Amendment 29 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
Amendment 42 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
Amendment 47 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that arppear to be too high to ensure the protection of children; calls on the Commission to urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility toconduct an impact assessment in order to analyse if the derogateion from the rules on the presence of CMRs in parts of the toy that are inaccessibleinaccessibility of CMRs to the child should be deleted;
Amendment 52 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit valueconduct an exhaustive impact assessment before its revision of the TSD analysing, if the limit value needs to be adapted to the strictest value in force at national level in a revision of the TSD;
Amendment 57 #
2021/2040(INI)
10. Calls on the Commission to proposeanalyse within its impact assessment in the framework of the revision of the TSD if a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO), and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identifi should be proposed and if endocrine disruptors should be banned, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
Amendment 67 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated thatcalls on the Commission, therefore, to analyse this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in itssue within the impact assessment to the revision of the TSD;
Amendment 74 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 80 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
Amendment 90 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
Amendment 98 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
Amendment 104 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
Amendment 107 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 108 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
Amendment 113 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
Amendment 117 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
Amendment 118 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Is concerned that consumers respond poorly to recalls, and that unsafe toys continue to be used by children even though they have been recalled; asks therefore the Commission to publish guidelines on recall procedures, including a check list with concrete requirements and asks the online marketplaces to establish effective mechanisms to make sure they can reach their users, buyers and sellers in order to inform them as quickly as possible when recalls are necessary and to increase the number of consumers reached by the recalls;
Amendment 122 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce benefits the consumers but also poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned by the high number of dangerous toys sold online;
Amendment 130 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps tocan play a tremendous role in limiting the circulation of unsafe toys and therefore they should be obliged to take more responsibility in ensureing the safety and compliance of toys sold on their platforms by consulting the Safety Gate (RAPEX) system before placing a toy on their platform, removing toys identified as unsafe by the Safety Gate (RAPEX) immediately, taking measures to stop them from reappearing and cooperating effectively with the market surveillance authorities; insists in the strongest terms, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces, under the principle ‘what is illegal offline is illegal online’;
Amendment 137 #
2021/2040(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges the Commission to require online marketplaces to introduce a link to the Safety Gate (RAPEX) on their websites so as to raise awareness about this platform and to modernise the Safety Gate (RAPEX) system in order to also allow better and quicker identification of unsafe toys by the online marketplaces;
Amendment 144 #
2021/2040(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that a regulation would be more effective, as it would be applicable at the same time in all Member States; calls on the Commission, since the TSD acts as a de facalls on the Commission to analyse in its revision of the TSD if the directive should be converted into a regulation, to take the chance offered by its revision to convert it into a regulation in order to enhance its effectiveness and efficiency;
Amendment 146 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments in the future revision, includinghat the Commission effects a solid impact assessment to analyse if and how mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs could be inserted in the future revision of the TSD;
Amendment 152 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onHighlights that the guidance documents from the Commission are helpful to clarify if the definition of ‘grey zone’ productproduct is a toy or not, but that there are still products within the ‘grey zone’ and therefore calls on the Commission to solve this problem within the definition of toys in the future revision of the TSD;
Amendment 159 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repairanalyse whether the durability and reparability of toys can influence their safety;
Amendment 167 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
Amendment 215 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility create employment, increase choice, provide additional income, and lower barriers to entering the organisation of working timelabour market, especially for vulnerable groups. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 218 #
2021/0414(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Platform work may facilitate flexibility and optimisation of resources, and provide opportunities for both people working in or through digital labour platforms and clients, and the matching of demand for and supply of services.
Amendment 220 #
2021/0414(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Innovation in digital tools is a precondition for platform work and can contribute to growth in times of crisis and recovery.
Amendment 221 #
2021/0414(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) Platform work can offer advantages for students and those who wish to combine study and work at the same time, as well as creating access to employment for young people not in education, employment or training (NEETs), and people with lower skill levels;
Amendment 234 #
2021/0414(COD)
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) No definition of 'worker’ at European level exists, to resolve the above mentioned uncertainties, and the case law of the CJEU has established criteria for determining the status of a worker and a self employed person, while leaving most of the competences to the Member States;
Amendment 323 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis, as a result of collective bargaining, based on the Code of Conduct agreed among the relevant stakeholders, or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 324 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis, as a result of collective bargaining or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 357 #
2021/0414(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Code of Conduct based on the agreement among relevant stakeholders as a form of self-regulation focused on improving working conditions of genuine self-employed persons performing platform work including their social protection should be encouraged by the Commission and Member States. Improving working conditions of genuine self-employed persons performing platform work by the platforms involved in the Code of Conduct shall not be considered as fulfilling the criteria as outlined by Article 4 paragraph 2.
Amendment 358 #
2021/0414(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Collective bargaining agreements between representatives of platform workers and digital labour platforms focusing on the working conditions of platform workers are encouraged and the competent authorities in Member States shall not consider any of the criteria in Article 4 paragraph 2 met where they are included in collective bargaining negotiations.
Amendment 475 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 499 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘platform work’ means any work essentially organised through a digital labour platform and performed in the Union by an individual on the basis of a direct contractual relationship between the digital labour platform and the individual, irrespective of whether an case no contractual relationship exists between the individual and the recipient of the service;
Amendment 504 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘person performingengaged in platform work’' means any individual performing platform work, irrespective of the contractual designation of the relationship between that individual and the digital labour platform by the parties involved;
Amendment 525 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Amendment 555 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, by the individual in question on a case by case basis irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on facts, the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.
Amendment 605 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
Amendment 616 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
Amendment 627 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
Amendment 640 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
Amendment 649 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 657 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
Amendment 726 #
2021/0414(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned or based on the Code of Conduct – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 745 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
Amendment 770 #
2021/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 842 #
2021/0414(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Unless otherwise provided in this Directive or in the national law to which the platform operator is subject, in particular legislation concerning access to information, the platform operator shall not be obliged to disclose information which they have designated as confidential.
Amendment 904 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, onMember States shall ensure that Directive 2002/14/EC is applied to decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article.
Amendment 910 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 913 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 934 #
2021/0414(COD)
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
Member States shall ensure full portability of all health and social security contributions, made through platforms, irrespective of the employment classification, and non-discriminatory treatment of persons, engaged in platform work vis-a-vis any other self-employed person or worker.
Amendment 935 #
2021/0414(COD)
Proposal for a directive
Article 11 – paragraph 1 d (new)
Article 11 – paragraph 1 d (new)
Member States shall ensure that platform workers enjoy the right to data portability, including reputational data, (and the right not to transport those data), the right to rectification, erasure and to be forgotten in accordance with Regulation (EU) 2016/679;
Amendment 984 #
2021/0414(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms createfacilitate the establishment of the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communicationswhile complying with the obligations under Regulation (EU) 2016/679.
Amendment 124 #
2021/0171(COD)
Proposal for a directive
Recital 15
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, andwhere an obligation to purchase the object of the agreement is laid down either by the agreement itself or by any separate agreement, credit agreements in the form of an overdraft facility or overrunning and where the credit has to be repaid within one month but also credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
Amendment 126 #
2021/0171(COD)
(15 a) Member States economic contexts vary substantially, within and without the euro area, so national authorities should be allowed to include credit agreements involving a total amount of credit of up to EUR 150 000 in the scope of this Directive if necessary to achieve the objectives of this Directive, including consumer protection.
Amendment 133 #
2021/0171(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. However, nothing in this Directive should be construed to oblige a creditor, credit intermediary or provider of crowdfunding credit services to provide services in Member States in which they do not conduct the business.
Amendment 135 #
2021/0171(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) As there are limited financial products available on the market that encourage digital and green transition, this Directive should create an incentive to develop and offer such financial products on the market.
Amendment 136 #
2021/0171(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 148 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one daywithin a reasonable time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 156 #
2021/0171(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, a Standard European Consumer Credit Overview form summarising the key element of the creditrelevant information should be provided in addition toat the beginning of the Standard European Consumer Credit Information form, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. ISuch information should be separated from the rest of pre-contractual information provided on the same form. Furthermore, all information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 159 #
2021/0171(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the fullest possible transparency and comparability of offers, pre-contractual information should, in particular, include the annual percentage rate of charge applicable to the credit, determined in the same way throughout the Union. As the annual percentage rate of charge can at this stage be indicated only through an example, such example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement or crowdfunding credit services under consideration and, if applicable, to the goods purchased. When determining the representative example, the frequency of certain types of credit agreement or crowdfunding credit services in a specific market should also be taken into account. As regards the borrowing rate, the frequency of instalments and the capitalisation of interest, creditors should use their usual method of calculation for the consumer credit concerned. In case pre-contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should remind consumers, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
Amendment 164 #
2021/0171(COD)
Proposal for a directive
Recital 40
Recital 40
(40) As highlighted in the Commission Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)31 , artificial intelligence (AI) systems can be easily deployed in multiple sectors of the economy and society, including cross border, and can circulate throughout the Union. In this context, creditors, credit intermediaries and providers of crowdfunding credit services should be allowed to personalise the price of their offers for specific consumers or specific categories of consumer based on automated decision-making and profiling of consumer behaviour allowing them to assess the consumer’s purchasing power. Consumers should therefore be clearly informed wheninform consumers in clear and unambiguous manner if the price presented to them is personalised on the basis of automated processing, so that they can take into account the potential risks in their purchasing decision. Furthermore, taking into account the most vulnerable groups of consumers, personalized advertisement that encourage over- indebtedness should not be allowed. _________________ 31 COM/2021/206 final.
Amendment 168 #
2021/0171(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, harmful unsolicited sale of credit, including non- requested pre-approved credit cards sent to the consumers, or the unilateral increase of a consumers’ overdraft, overrunning or credit card limit, should be prohibited.
Amendment 171 #
2021/0171(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Member States should take appropriate measures to promote responsible practices during all phases of the credit relationship, taking into account the specific features of their credit market. Those measures mayshould include, for instance, the provision of information to, and the education of, consumers, including warnings about the risks attaching to default on payment and to over- indebtedness. In the expanding credit market, in particular, it is important that creditors should not engage in irresponsible lending or give out credit without prior assessment of creditworthiness. Member States should carry out the necessary supervision to avoid such behaviour of creditors and should determine the necessary means to sanction such behaviour. Without prejudice to the provisions on credit risk of Directive 2013/36/EU of the European Parliament and of the Council32 , creditors or providers of crowdfunding credit services should bear the responsibility of checking individually the creditworthiness of the consumer. To that end, creditors or providers of crowdfunding credit services should be allowed to use information provided by the consumer not only during the preparation of the credit agreement or of the agreement for the provision of crowdfunding credit services in question, but also during a long standing commercial relationship. Consumers should also act with prudence and respect their contractual obligations. _________________ 32 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 180 #
2021/0171(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, the creditor or the provider of crowdfunding credit services should be obliged to warn the consumer that due to a negative assessment of creditworthiness the consumer may be exposed to difficulties with repayment of the credit, which can lead to over-indebtedness. Furthermore when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met.
Amendment 183 #
2021/0171(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Taking into account the principle of proportionality, this Directive should lay down special rules for assessing the creditworthiness of consumers for ‘small value credit’ as defined in the definition norms. In this regard, data other than those specified in the Directive should not be consulted when assessing creditworthiness.
Amendment 184 #
2021/0171(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) As a result of their illness, cancer survivors often suffer from obstacles to their access to financial services, such as credits, owing to the frequent obligation to disclose full medical history when applying to them. This financial discrimination worsens the socioeconomic burden placed on cancer survivors and hampers their reintegration into society. Therefore, this Directive should recognise fully the right for cancer survivors not to inform the creditor or the provider of crowdfunding credit services of their past diagnosis and treatment (The Right to Be Forgotten).
Amendment 189 #
2021/0171(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. The consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functiondata and data sources used and weighting ofin the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and theof personal data. Furthermore, the consumer should have the right to request a review of such a decision.
Amendment 192 #
2021/0171(COD)
Proposal for a directive
Recital 49
Recital 49
(49) To assess the credit status of a consumer, the creditor or the provider of crowdfunding credit services should also consult credit databases. The legal and actual circumstances may require that such consultations vary in scope. To prevent any distortion of competition among creditors or providers of crowdfunding credit services, they should have access to private or public credit databases concerning consumers in a Member State where they are not established under non- discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that Member State. Member States should facilitatensure the cross-border access to private or public databases, inbut only to those who fully compliancey with the Regulation (EU) 2016/679 of the European Parliament and of the Council33 . To enhance reciprocity, credit databases should as a minimum hold information on consumers’ arrears in payment, in accordance with Union and national law. _________________ 33 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 196 #
2021/0171(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54 a) Overdraft facilities and overrunning are increasingly common forms of consumer credit. Therefore, there is a need to regulate these financial products in order to increase the level of consumer protection and avoid their over- indebtedness. There is a danger that consumers will be put in an extremely difficult position if the creditor decides to request an immediate refund. Therefore, consumer rights in respect of overdraft facilities and overrunning should be laid down in this Directive.
Amendment 199 #
2021/0171(COD)
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55 a) In implementing this Directive, and for the purposes of Article 25 of this Directive, each Member State should determine the amount of the significant overrunning.
Amendment 200 #
2021/0171(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Consumers should have a right of withdrawal without penalty and with no obligation to provide justification. However, the right of withdrawal should not be used in bad faith that is why this Directive also sets an objective deadline for exercising the right of withdrawal.
Amendment 207 #
2021/0171(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of Justice of the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposed on the consumer. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
Amendment 213 #
2021/0171(COD)
Proposal for a directive
Recital 65 a (new)
Recital 65 a (new)
(65 a) To off-set the impact on economic operator of lack of harmonization of legal regimes across the Union, the Commission should make available, in a concise and clear form, the legal frameworks of Member States, including fixed caps.
Amendment 216 #
2021/0171(COD)
(70) Given the significant consequences for creditors, consumers and potentially financial stability of enforcement proceedings, it is appropriate to encourage creditors to deal proactively with emerging credit risk at an early stage and to put in place necessary measures to ensure that creditors exercise reasonable forbearance and make reasonable attempts to resolve the situation through other means before enforcement proceedings are initiated. Where possible, solutions should be found which take account, among other elements, of the individual circumstances of the consumer, the consumer’s interests and rights, his or her ability to repay the credit and reasonable need for living expenses, and limit costs for consumers in case of default. Member States should not prevent the parties to a credit agreement from expressly agreeing that the transfer to the creditor of goods covered by a linked credit agreement or proceeds from the sale of such goods is sufficient to repay the credit. In order to exchange best practices, it is therefore necessary to provide that the European Commission should monitor and report on the implementation of debt advisory services in the Member States.
Amendment 217 #
2021/0171(COD)
Proposal for a directive
Recital 71
Recital 71
(71) Forbearance measures may include a total or partial refinancing of a credit agreement or a modification of the previous terms and conditions of a credit agreement. Such modification may include, among others: extending the term of the credit agreement; changing the type of the credit agreement; deferring payment of all or part of the instalment repayment for a period; changreducing the interest rate; offering a payment holiday; partial repayments; currency conversion; and partial forgiveness and debt consolidation.
Amendment 221 #
2021/0171(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Consumers should have access to adequate, promptly and effective alternative dispute resolution procedures for the settlement of disputes arising out of rights and obligations established under this Directive, using existing entities where appropriate. Such access is already ensured by Directive 2013/11/EU of the European Parliament and of the Council35 in so far as relevant contractual disputes are concerned. However, consumers should also have access to alternative dispute resolution procedures in the event of pre- contractual disputes concerning rights and obligations established by this Directive, for example, in relation to pre-contractual information requirements, advisory services and creditworthiness assessment and also in relation to the information given by credit intermediaries which are remunerated by creditors and therefore have no direct contractual relationship with consumers. Such alternative dispute resolution procedures and the entities offering them should comply with the quality requirements established by Directive 2013/11/EU. _________________ 35 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. 63).
Amendment 223 #
2021/0171(COD)
Proposal for a directive
Recital 80
Recital 80
(80) Member States should lay down rules on penalties to address infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. While the choice of penalties remains within the discretion of the Member States, the penalties provided for should be effective, proportionate and dissuasive in order to achieve its full purpose. However, in addition to behavioral sanctions, the possibility of imposing systematic sanctions as an ultima ratio measure should be envisaged if repeated non-compliance would disruptively affect the consumer credit market, creating unfair business conditions in the market.
Amendment 226 #
2021/0171(COD)
Proposal for a directive
Recital 81
Recital 81
(81) Current national rules on penalties differ significantly across the Union. In particular, not all Member States ensure that effective, proportionate and dissuasive fines can be imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension. To ensure that Member States’ authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/2394 of the European Parliament and of the Council36 , fines should be introduced as an element of penalties for such infringements. In order to ensure that the fines have a deterrent effect, Member States should set in their national law the maximum fine for such infringements at a level that is at least 46 % of the creditor, credit intermediary or provider of crowdfunding credit services’ annual turnover in the Member State or Member States concerned. In certain cases, those traders can also be a group of companies. _________________ 36 Regulation (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, p. 1).
Amendment 228 #
2021/0171(COD)
Proposal for a directive
Recital 86 a (new)
Recital 86 a (new)
(86 a) When transposing the Directive, Member States should ensure that the cost of implementing this Directive is neither borne by consumers nor passed on to them.
Amendment 229 #
2021/0171(COD)
Proposal for a directive
Recital 86 b (new)
Recital 86 b (new)
(86 b) Due to the ubiquitous trend of digitalisation and the emergence of new service providers in the consumer credit market, the European Commission should actively monitor the situation on the market and propose review of the Directive if new forms of actors appear whose business is not currently covered by this Directive.
Amendment 235 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) credit agreements which are secured either by a mortgage, or by another comparable security commonly used in a Member State on residential immovable property such as lien or secured by a right related to residential immovable property;
Amendment 236 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) credit agreements the purpose of which is to acquire or retain property rights in land or in an existing or projected building if such credit agreements are secured either by a mortgage, or by another comparable security commonly used in a Member State on residential immovable property such as lien or secured by a right related to residential immovable property ;
Amendment 240 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) credit agreements which are the outcome of a settlement reached in court or before another statutory authority or which are the outcome of alternative dispute resolution;;
Amendment 241 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) credit agreements where the credit is granted free of interest and without any other charges other than late payment fees;
Amendment 243 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f b (new)
Article 2 – paragraph 2 – point f b (new)
(f b) leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
Amendment 244 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) credit agreements which relate to the deferred payment, free of interests and without any other charges, of an existing debt;
Amendment 247 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) credit agreements which relate to loans granted to a restricted public under a statutory or legal provision with a general interest purpose, and at lower interest rates than those prevailing on the market or free of interest or on other terms which are more favourable to the consumer than those prevailing on the market.
Amendment 262 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. Notwithstanding paragraph 2, point (c), Member States may provide that the provisions of this Directive also apply to credit agreements involving a total amount of credit of up to EUR 150 000.
Amendment 264 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. In the case of credit agreements in the form of overrunning, only Articles 1, 2 and 3, Article 25, 3, 25, 29, 35, 36, 39, 40, and Articles 41 to 50 shall apply.
Amendment 272 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘consumer’ means a natural person who acts for purposes which are outside his or her professional activity, trade, or business or profession;
Amendment 273 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘creditor’ means a natural or legal person who grants or promises to grant credit in the course of his or her professional activity, trade, or business or profession;
Amendment 279 #
2021/0171(COD)
(3 a) 'small value credit’ means a credit agreement involving a total amount of credit of up to EUR 200;
Amendment 281 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
(3 b) ‘ancillary service’ means a service offered to the consumer in conjunction with the credit agreement;
Amendment 288 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘durable medium’ means any interoperable instrument which enables the consumer to store information addressed personally to him or her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
Amendment 291 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘pre-contractual information’ means the information that the consumer needs to be able to compare different credit offers, understand them and take an informed decision on whether to conclude the credit agreement or the agreement for the provision of crowdfunding credit services;
Amendment 295 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘early repayment’ means the full or partial discharge of the consumer’s obligations under a credit agreement or crowdfunding credit services, before the date for the final payment agreed in the credit agreement;
Amendment 309 #
2021/0171(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall require that, when information is provided to consumers in accordance with this Directive, such information is provided timely and without charge to the consumer.
Amendment 310 #
2021/0171(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Exceptionally, if the information cannot be provided to the consumer electronically or involves the sending of information by post, Member States may provide that creditors or, where applicable, credit intermediaries or providers of crowdfunding credit services, may require the consumer to reimburse the actual cost of sending the requested information.
Amendment 314 #
2021/0171(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Refusal to provide services in a Member State where the creditor or, where applicable, credit intermediaries or providers of crowdfunding credit services do not conduct business shall not be considered discrimination.
Amendment 316 #
2021/0171(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Digital, green and sustainable financial products Member States shall encourage creditors or, where applicable, credit intermediaries or providers of crowdfunding credit services to develop and offer financial products that support digital, green and sustainable transition.
Amendment 319 #
2021/0171(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Without prejudice to Directive 2005/29/EC, Member States shall require that any advertising and marketing communications concerning credit agreements or crowdfunding credit services are fair, clear and not misleading. Wording in such advertising and marketing communications that may create false expectations for a consumer regarding the availability or the cost of a credit or where applicable, the total amount payable by the consumer shall be prohibited.
Amendment 326 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall require that advertising concerning credit agreements or crowdfunding credit services which indicates an interest rate or any figures relating to the cost of the credit to the consumer include standard information in accordance with this Article.
Amendment 328 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 332 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(f a) a general warning concerning possible consequences of non-compliance with the commitments linked to the credit agreement or crowdfunding credit services.
Amendment 334 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – point f b (new)
Article 8 – paragraph 2 – point f b (new)
(f b) After consulting the European Central Bank, the European Commission is empowered to adopt a delegated act concerning further specification of the content of the warning contained in point (fa) of the first subparagraph.
Amendment 340 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Without prejudice to (Digital Services Act Regulation) and Regulation 2016/679 (GDPR), if online advertisement concerning credit agreements covered by this regulation are based on personalized data they must clearly and unambiguously inform the consumer of this.
Amendment 343 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3 b. Member States shall ensure that consumer is provided with the possibility to exclude personalized credit offers. The possibility to be excluded from such personalized credit offers must be clearly identified in the advertisement.
Amendment 344 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 3 c (new)
Article 8 – paragraph 3 c (new)
3 c. In any case, Member States shall prohibit advertisements based on personalized data for consumer credit products which incites over-indebted consumers to seek credit.
Amendment 345 #
2021/0171(COD)
Amendment 359 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one day within a reasonable time before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
Amendment 364 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 374 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided on paper, electronically or on another durable medium by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information.
Amendment 399 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point n
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missing or late paymentslegal and financial consequences that non- compliance with specific contractual obligations may lead to;
Amendment 423 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. At the same time as the Standard European Consumer Credit Information form ishall provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following with the following pre- contractual information at the beginning of the form, which information will be noticeably separated from the rest of the pre-contractual information provided on the same form:
Amendment 432 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f
Article 10 – paragraph 4 – point f
(f) a warning regarding the consequences of missing or late payments including costs in the case of late payments;
Amendment 435 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f a (new)
Article 10 – paragraph 4 – point f a (new)
(f a) information about early repayment in accordance to Article 29;
Amendment 437 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f b (new)
Article 10 – paragraph 4 – point f b (new)
(f b) the existence of a right of withdrawal.
Amendment 444 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – introductory part
Article 10 – paragraph 5 – introductory part
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels taking into account interoperability.
Amendment 450 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 453 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 459 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 461 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer. If not regulated otherwise by national law, the provision of the credit offer shall oblige the creditor to maintain its terms and conditions for a minimum of 14 days from the date of receipt by the consumer.
Amendment 470 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For credit agreements referred to in Article 2(5) or (6), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from paragraph 2 of that Article, be provided on paper, electronically or on another durable medium by means of the European Consumer Credit Information form set out in Annex III. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the European Consumer Credit Information.
Amendment 472 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 473 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 474 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 2 – point e
Article 11 – paragraph 2 – point e
Amendment 475 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 2 – point i
Article 11 – paragraph 2 – point i
Amendment 476 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 2 – point o a (new)
Article 11 – paragraph 2 – point o a (new)
(o a) a warning regarding the legal and financial consequences that non- compliance with specific contractual obligations may lead to;
Amendment 478 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 480 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 (new)
Article 11 – paragraph 3 – subparagraph 1 (new)
Standard European Consumer Credit Information form shall provide the consumer with the following pre- contractual information at the beginning of the form, which information will be noticeably separated from the rest of the pre-contractual information provided on the same form: (a) the total amount of credit; (b) the duration of the credit agreement; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) a warning regarding the consequences of missing or late payments including costs in the case of late payments; (g) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined.
Amendment 483 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Information displayed in the European Consumer Credit Information form and in the Standard Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels taking into account interoperability.
Amendment 484 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
Amendment 489 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
Amendment 495 #
2021/0171(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the information referred to in Article 10, 11 and 38 with particular emphasis on explaining the legal and financial consequences that may result from improper performance of contractual obligations;
Amendment 496 #
2021/0171(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Creditors and, where applicable, credit intermediaries and providers of crowdfunding credit services are required to provide, free of charge, adequate explanations before conclusion of contract with consumer.
Amendment 503 #
2021/0171(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers in clear and unambiguous manner when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.
Amendment 522 #
2021/0171(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The agreement of the consumer to the purchase of ancillary services presented through boxes shall be given by aunambiguous and clear affirmative act establishing a freely given, specific, informed and unambiguous indication of his or her approval to the content and substance associated to the boxes.
Amendment 523 #
2021/0171(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
Silence or inactivity in no case imply consent to constitute agreement within meaning of this Article.
Amendment 525 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 526 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall requiensure that the creditor, and where applicable the credit intermediary and the provider of crowdfunding credit services, before the provision of advisory services or the conclusion of a contract for the provision of such services, provide the consumer with the following information on paper or another durable medium:
Amendment 538 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 1 – point c
Article 16 – paragraph 6 – subparagraph 1 – point c
(c) the advisory services are provided in the context of management of existing debt by public or voluntary debt advisory services providers which do not operate on a commercial basis but which meet the professional criteria to provide advisory services set by the Member State;
Amendment 545 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 (new)
Article 17 – paragraph 1 – subparagraph 1 (new)
This provision shall not apply to credit agreements concluded at point of sale to finance the purchase of a good or a service.
Amendment 546 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
In particular, Member States shall prohibit the introduction of a new overdraft facility or overrunning agreement or the raising of the limit of an existing overdraft facility or overrunning agreement, without the consumer’s prior request or explicit agreement.
Amendment 554 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thoroughcomprehensive assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.
Amendment 560 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19.
Amendment 569 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph, where possible and necessary, shall be appropriately verified, where necessary through reference to independently verifiable documentation.
Amendment 571 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and data collected from social networks shall not be processed or used to perform creditworthiness assessments.
Amendment 575 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that the implementation of this Directive guarantees the ‘Right to Be Forgotten’.
Amendment 577 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 c (new)
Article 18 – paragraph 2 c (new)
2 c. Member States shall ensure that creditors or providers of crowdfunding services are held liable and are subject to appropriate sanctions in case of a breach of the above-mentioned provision.
Amendment 578 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 d (new)
Article 18 – paragraph 2 d (new)
2 d. The creditor or, where applicable, the provider of crowdfunding credit services may perform assessment of creditworthiness for 'small value credits' consulting only: (a) recent payment account data; (b) income and benefit data; (c) information on financial assets and liabilities. Without prejudice to paragraph 2 a, only in exceptional cases where the creditor or, where applicable, the provider of crowdfunding credit services considers that the information contained in this paragraph are insufficient to assess creditworthiness, the assessment may also be made on the basis of other information.
Amendment 584 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. If the credit application is submitted jointly by more than one consumer, the creditor or, where applicable, the provider of crowdfunding credit services shall perform the creditworthiness assessment on the basis of the joint repayment capacity of the consumers.
Amendment 589 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely towill be met in the manner required under that agreement.
Amendment 595 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Notwithstanding the first subparagraphs, where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services arewill not likely to be meet in the manner required under that agreement, the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances that include cases of loans that fund exceptional healthcare expenses, students loans or loans for consumers with disabilities.
Amendment 596 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1 a (new)
Article 18 – paragraph 4 – subparagraph 1 a (new)
If the creditor or the provider of crowdfunding credit services make credit available to the consumer in accordance with subparagraph 1, the creditor or the provider of crowdfunding credit services shall warn the consumer in writing, on paper or on another durable medium, of a negative credit assessment that may lead to over-indebtedness. Such information must be communicated to the consumer before the conclusion of the credit agreement.
Amendment 599 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Member States shall ensure that where a creditor or a provider of crowdfunding credit services concludes a credit agreement or an agreement for the provision of crowdfunding credit services with a consumer, the creditor or provider of crowdfunding credit services shall not subsequently cancel or alter the credit agreement or the agreement for the provision of crowdfunding credit services to the detriment of the consumer on the grounds that the assessment of creditworthiness was incorrectly conducted. This paragraph shall not apply where it is demonstrated that the consumer has not acted in good faith and especially if the consumer knowingly withheld or falsified the information provided to the creditor or the provider of crowdfunding credit services referred to in paragraph 2.
Amendment 606 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point a
Article 18 – paragraph 6 – point a
(a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision, in case of a negative decision;
Amendment 612 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involveddata and data sources used and the weighing in the automated processing of personal data as well as its significance and effects on the decision;
Amendment 616 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decisionrequest a review and new decision on the granting of the credit by the creditor or the provider of crowdfunding credit services.
Amendment 622 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated or semi-automated processing of data.
Amendment 624 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Where the parties agree to change the total amount of credit after the conclusion of the credit agreement, or the agreement for the provision of crowdfunding credit services, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to reassess the consumer’s creditworthiness on the basis of updated information before any significant increase in the total amount of credit is granted.
Amendment 631 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
9 a. This article shall apply without prejudice to Regulation (EU) n°2016/679 (GDPR).
Amendment 633 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Each Member State shall in the case of cross-border credit ensure access for creditors and providers of crowdfunding credit services from other Member States to accurate and up-to-date databases used in that Member State for assessing the creditworthiness of consumers. The conditions for access to such databases shall be non-discriminatory.
Amendment 634 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1 (new)
Article 19 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that only those creditors and providers of crowdfunding credit services who are under the supervision of the competent national authority and who fully comply with Regulation (EU) n°2016/679 (GDPR) have access to the database.
Amendment 637 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. ThState or private databases referred to in paragraph 1 shall hold at least information on consumers’ arrears in payment and shall not hold personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation nor data collected from digital social networks.
Amendment 639 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1 (new)
Article 19 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that consumers are notified within thirty days of the registration of any negative credit data in a database, informing them of the possibility of exercising their right of access, rectification, erasure and opposition, in line with Regulation (EU) n°2016/679 (GDPR).
Amendment 645 #
2021/0171(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
Any modification of credit agreements or agreements for the provision of crowdfunding credit services shall be done only in writing on paper or on another durable medium.
Amendment 647 #
2021/0171(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. Member States may introduce more lenient rules on agreements of 'small value credit'.
Amendment 650 #
2021/0171(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 a (new)
Article 21 – paragraph 1 – subparagraph 1 a (new)
The legal effects of the absence in the credit agreement or the agreement for the provision of crowdfunding credit services of information referred to in the first subparagraph shall be assessed in accordance with the national general rules on the law of obligations.
Amendment 652 #
2021/0171(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Without prejudice to other obligations foreseen in this Directive, Member States shall ensure that prior to modifying the terms and conditions of the credit agreement, or of the agreement for the provision of crowdfunding credit services, the creditor or the provider of crowdfunding credit services communicate in writing on paper or on another durable medium the following information to the consumer:
Amendment 655 #
2021/0171(COD)
Proposal for a directive
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) the new reference rate is made publicly available in a timely manner and by appropriate means;
Amendment 658 #
2021/0171(COD)
Proposal for a directive
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) the information concerning the new reference rate is also available at the premises of the creditor or of the provider of crowdfunding credit services and online.
Amendment 660 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor, throughout the duration of the credit agreement, keeps the consumer regularly informedinformed at least once per month by means of statements of account, on paper or on another durable medium, containing the following elements:
Amendment 663 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the consumer, on paper or another durable medium, of increases in the borrowing rate or in any charges payable, at least 15 days before the change in question enters into force.
Amendment 666 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Member States shall require the creditor or where applicable credit intermediaries or the provider of crowdfunding credit services to notify the consumer in an agreed manner of each reduction or cancellation of the current account overdraft facility at the least 30 days prior to the day when the actual reduction or cancellation of the overdraft facility takes effect.
Amendment 667 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2 b. The creditor or where applicable credit intermediaries or the provider of crowdfunding credit services shall enable the consumer, against whom no forced collection proceedings have been initiated by the creditor or where applicable by credit intermediaries or the provider of crowdfunding credit services, without obligation of previous request on the part of the consumer and with no additional costs, to repay the amount by which the previous overdraft facility was reduced or the amount of the cancelled previous overdraft facility, in 12 equal monthly instalments at the interest rate applicable to the current account overdraft facility. If the consumer has not been offered to repay the amount by which the overdraft facility has been reduced or the amount of the cancelled previous overdraft facility, he shall not be obligated to accept the reduction or the cancellation of the current account overdraft facility.
Amendment 672 #
2021/0171(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
Amendment 673 #
2021/0171(COD)
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3 b. The creditor or where applicable credit intermediaries or the provider of crowdfunding credit services shall enable the consumer, against whom no forced collection proceedings have been initiated by the creditor or where applicable by credit intermediaries or the provider of crowdfunding credit services, without obligation of previous request on the part of the consumer and with no additional costs, to repay the amount by which the previous overrunning was reduced or the amount of the cancelled previous overrunning, in 12 equal monthly instalments at the interest rate applicable to the current account overrunning. If the consumer has not been offered to repay the amount by which the overrunning has been reduced or the amount of the cancelled previous overrunning, he shall not be obligated to accept the reduction or the cancellation of the current account overrunning.
Amendment 676 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
Amendment 687 #
2021/0171(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
Member States shall ensure that the creditor or the provider of crowdfunding credit services, where agreed in the credit agreement or in the agreement for the provision of crowdfunding credit services, may effect standard termination of an open-end credit agreement or agreement for the provision of crowdfunding credit services by giving the consumer at least twohree months' notice on paper or on another durable medium.
Amendment 694 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. The calculation of the compensation due to the creditor shall be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement
Amendment 695 #
2021/0171(COD)
(b) the credit is granted in the form of an overdraft facility or overrunning;
Amendment 701 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 4 – point b
Article 29 – paragraph 4 – point b
(b) the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. However, this compensation should not exceed the amount of interest that the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement.
Amendment 723 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2 a. The European Commission shall make publicly available the caps introduced by Member States.
Amendment 727 #
2021/0171(COD)
Proposal for a directive
Article 32 – paragraph 1 – point e a (new)
Article 32 – paragraph 1 – point e a (new)
(e a) advertising credit products.
Amendment 735 #
2021/0171(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that creditors, credit intermediaries and providers of crowdfunding credit services require their staff to possess and keep up- to-date an appropriate level of knowledge and competence in relation to the manufacturing, the offering, the advertising and the granting of credit agreements or crowdfunding credit services, the carrying out of credit intermediation activities, the provision of advisory services or crowdfunding credit services. Where the conclusion of a credit agreement or an agreement for the provision of crowdfunding credit services includes an ancillary service, appropriate knowledge and competence in relation to that ancillary service shall be required.
Amendment 740 #
2021/0171(COD)
Proposal for a directive
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. Member States shall promote measures that support the education of consumers in relation to responsible borrowing and debt management, in particular in relation to consumer credit agreements. Clear and general information on the credit granting process shall be provided to consumers in order to guide them, in particular those who take out a consumer credit for the first time, and especially on digital tools. In creating and promoting these measures, Member States closely cooperate with consumer organisations.
Amendment 748 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 1 – point b – point iv
Article 35 – paragraph 1 – point b – point iv
(iv) changreducing the interest rate;
Amendment 751 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 755 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers free of charge.
Amendment 756 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
The European Commission shall within two years of implementation of this Directive, present a report providing an overview of the availability of debt-advice services across Member States and identify best practices for the further developments of such services.
Amendment 758 #
2021/0171(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36 a Debt collection Member States shall determine the practices which are in any case considered impermissible in the collection of debts. Such practices shall include, in particular, intimidation of consumers, the presentation of false legal information and the making of excessive calls or messages.
Amendment 763 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall ensure that any creditors, credit intermediaries and providers of crowdfunding credit services that are not credit institutions as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 are subject to an adequate admission process and to registration and supervision arrangements set up by an independent competent authority.
Amendment 774 #
2021/0171(COD)
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Member States shall require that the original creditor or the provider of crowdfunding credit services inform the consumer of the assignment referred to in paragraph 1, except where the original creditor or the provider of crowdfunding credit services, by agreement with the assignee, continues to service the credit vis-à-vis the consumer.
Amendment 775 #
2021/0171(COD)
Proposal for a directive
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2 a. The European Commission is empowered to adopt and, where necessary amend, regulatory technical standards to stipulate the format of the notification that creditor or the provider of crowdfunding credit services is obliged to provide to consumer in case of assignment of rights to a third party.
Amendment 777 #
2021/0171(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that consumers have access to adequate, promptly and effective out-of-court dispute resolution procedures for the settlement of disputes between consumers and creditors, credit intermediaries or providers of crowdfunding credit services concerning rights and obligations established under this Directive, using existing entities where appropriate. Such out-of-court dispute resolution procedures and the entities offering them shall comply with the quality requirements laid down by Directive 2013/11/EU.
Amendment 782 #
2021/0171(COD)
2. Where a Member State makes use of the regulatory choices provided for in Article 2(3), 2(5) and 2(6), Article 8(12)(c), Article 820(2)(c, Article 26(2), Article 20(29(4), Article 26(243(3a) and Article 29(444(2), it shall inform the Commission thereof as well as of any subsequent changes. Member States shall also take the appropriate measures to diffuse that information amongst national creditors, credit intermediaries, providers of crowdfunding credit services and consumers.
Amendment 783 #
2021/0171(COD)
Proposal for a directive
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. Nothing in this Directive shall prevent Member States from providing in their national law higher level of consumer protection regarding Article 24 and Article 25 of this Directive.
Amendment 784 #
Amendment 789 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 46% of the creditor, the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all Member States concerned by the coordinated enforcement action.
Amendment 790 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. In the case of systematic and repeated infringements of the provisions of this Directive by the creditor, the credit intermediary or the provider of crowdfunding credit services, where it is clear that the imposition of penalties in accordance to paragraf (2) of this Article cannot ensure the purpose of the penalty, and breaches of the provisions have a disruptive effect on the market, Member States may, as a last resort, provide for the imposition of structural remedies.
Amendment 794 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1 (new)
Article 46 – paragraph 1 – subparagraph 1 (new)
In the evaluation referred to in the paragraph (1), the European Commission will include an assessment of new forms of service providers participating in the consumer credit market with a special focus on digital trends and will propose the necessary amendment to the Directive accordingly.
Amendment 803 #
2021/0171(COD)
Proposal for a directive
Annex II
Annex II
Amendment 229 #
2021/0050(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sizedmid-cap enterprises.
Amendment 239 #
2021/0050(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 10 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 4 of Directive 2006/54/EC provides that there shall be no direct or indirect discrimination on grounds of sex, notably in relation to pay. Gender- based pay discrimination where a victim’s sex plays a crucial role can take many different forms in practice. It may involve an intersection of various axes of discrimination or inequality where the worker is a member of one or several groups protected against discrimination on the basis of sex, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant and disabled women are among groups who face such multiple forms of discrimination. This directive should therefore clarify that, in the context of gender-based pay discrimination, such a combination should be taken into account, thus removing any doubt that may exist in this regard under the existing legal framework. This should ensure that the courts or other competent authorities take due account of any situation of disadvantage arising from intersectional discrimination, in particular for substantive and procedural purposes, including to recognise the existence of discrimination, to decide on the appropriate comparator, to assess the proportionality, and to determine, where relevant, the level of compensation awarded or penalties imposed. This directive should also ensure that the specific obstacles and needs of disabled women are taken into account, in compliance with the UN Convention on the Rights of Persons with Disabilities.
Amendment 382 #
2021/0050(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Workers should have the necessary procedures at their disposal to facilitate the exercise of their right to access justice. National legislation making use of conciliation or the intervention of an equality body compulsory or subject to incentives or penalties should not prevent parties from exercising their right of access to court. Member States should ensure that disabled women, including those under substituted decision-making mechanisms, have access to justice and remedy on an equal basis with others.
Amendment 453 #
2021/0050(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act, on small and medium-sized enterprisesmid-cap companies, excluding micro, small and medium-sized enterprises (SMEs) from any legislation concerning gender pay transparency or minimum wages, in order to ensure that they are not disproportionately affected. Moreover, giving specific attention to micro- enterprises, to alleviate the administrative burden, and to and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be publish with the results of suchan assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.
Amendment 468 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors with more than 200 employees. A presumption of appropriateness shall apply to companies that are bound by or apply collective bargaining agreements.
Amendment 470 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness.
Amendment 573 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 590 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Remuneration provisions enshrined in collective agreements that are binding upon the employer shall be subject to a presumption of appropriateness. Activities that are assigned to different remuneration brackets, based on these provisions, shall be seen as not being equal work or work of equal value, as long as the provisions are not in breach of paragraph 5 of this Article.
Amendment 614 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers 'representatives, including trade unions(workers’ representatives), a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral, including all elements of pay that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. These criteria shall be gender-neutral and in line with the criteria laid down in Article 4..
Amendment 630 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers in companies with more than 200 employees shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.
Amendment 635 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of employers who are bound by collective wage agreements, a reference to the applicable collective wage agreement shall suffice as information.
Amendment 652 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 within a reasonable period of timetwo months upon a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.
Amendment 670 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Employers may require that any wWorkers having obtained information pursuant to this Article shall notmay use that information for any other purpose than toincluding that of defending their right to equal pay for the sameequal work or work of equal value and not disseminate the information otherwise. Workers may share the obtained information with their workers 'representatives.
Amendment 699 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the pay gap between non-disabled female and male workers and disabled female and male workers when they have communicated their disability to the employers;
Amendment 726 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) information on the criteria used to determine pay.
Amendment 734 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. In the case of employers who are bound by collective wage agreements, a reference to the relevant collective wage agreement shall suffice.
Amendment 746 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6. In the case of employers who are bound by collective wage agreements, the obligations in this paragraph shall apply only every five years.
Amendment 761 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 784 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.
Amendment 803 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 821 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness. They are excluded from the obligations in this Article.
Amendment 1036 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish this data in a user-friendly manner and in an accessible manner for disabled persons in accordance with EU harmonised accessibility legislation;
Amendment 1065 #
2021/0050(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis.
Amendment 1085 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sizedmid-cap enterprises and a reference to where such assessment is published.
Amendment 5 #
2020/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance, for a properlywell- functioning and competitive internal market, of effective better law- making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation, particularly for consumers and SMEs;
Amendment 38 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the elements of subsidiarity and proportionality have to be taken into account as important preconditions when designing possible future EU legislation; once and if the EU added value is established, it should consistently reflect market integration and cross-border ambition, the need to reduce regulatory and administrative barriers, the necessity to be future-proof; recalls that one harmonised rule at European level reduces administrative burdens in all Member States as it replaces 27 diverging rules reducing the internal market fragmentation;
Amendment 44 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reminds that digital innovation develops fast and that entrepreneurs are driving the digital agenda; therefore it is of key importance to provide future proof rules that are digital by default and that keep the pace of digital innovation; calls on the Commission to always take into account futureproof digital elements when assessing subsidiarity and proportionality in internal market legislation and in the related impact assessments;
Amendment 51 #
2020/2262(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 52 #
2020/2262(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Underlines that according to the three Commission’s reports 2017, 2018 and 2019 on the application of the principle of subsidiarity and proportionality, there is the need to improve the quality of the impact assessments when it comes to both elements; subsidiarity and proportionality are important preconditions for an effective and balanced EU legislation that can be beneficial for a well-functioning internal market;
Amendment 55 #
2020/2262(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Points out that all EU regulatory measures should always be accompanied by universal impact assessments that take into account in an effective and thorough way the principles of subsidiarity and proportionality; stresses that only regulatory measures that are based on improved impact assessments can be beneficial for both consumers and businesses within the internal market and can trigger innovation, encourage investments, reinforcing European competitiveness and ultimately being instrumental in strengthening consumer protection; stresses furthermore that improved impact assessments should clearly strengthen the SMEs fitness check element;
Amendment 56 #
2020/2262(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Stresses that all impact assessments, evaluations and fitness checks should carry out an analysis on subsidiarity and proportionality; on subsidiarity it is crucial to assess whether action at national, regional or local level would be sufficient to achieve the objectives pursued and whether action at EU level would provide added value compared to action at national level; on proportionality that the content and form of EU action must not exceed what is necessary to meet the pursued objectives ensuring that the approach chosen and the intensity of the regulatory action are necessary to achieve its objectives; calls on the Commission to take further steps in the direction of proper independent impact assessments and of improving the quality of the above analysis in order to make the EU internal market legislation more effective;
Amendment 7 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU and includes the production, transport, distribution, marketing and consumption of food;
Amendment 18 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, and production systems and internal trade, which should be supported by harmonised front-of-pack nutritional labelling framework in order to avoid market fragmentation and better enforcement of internal market rules; considers, however, that the 'Farm to Fork' Strategy should be based primarily on a scientific approach, and therefore calls on the European Commission to make a further impact assessment of the effects of the objectives set out in the Strategy;
Amendment 31 #
2020/2260(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the 'Farm to Fork' Strategy is specific in relation to the objectives it seeks to achieve but lacks in relation to the thorough scientific data that should complement the objectives set;
Amendment 32 #
2020/2260(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers, in particular, that the ambitious targets set by the Strategy must not result in a reduction or shortage of food production in the European Union; stresses the importance of European self- sufficiency in the production of healthy and affordable food;
Amendment 42 #
2020/2260(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that many Member States have a long tradition in the meat industry; notes that the goal of moving towards a more plant-based diet with less red and processed meat must not negatively affect supply and consumer’s choice; considers that informed consumer choice is key for transition to a sustainable food system;
Amendment 48 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CStresses that food industry has to be supported in order to increase the availability and affordability of healthy and sustainable food options; calls on the Commission also to step up its support for regional food systems and short supply chains, which act as a source of fresh, and sustainable and better quality products for consumers; takes the view that legislation on European public food procurement should be revised in order to fostersupport healthy and sustainable diets, including organic products, as well as local, high- quality food supply systems;
Amendment 62 #
2020/2260(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to promote alternativesustainable production methods and circular business models, such as consumer-friendly cooperative schemes, in food processing and retail, including specifically for small and medium-sized enterprises;
Amendment 78 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. SupportsConsiders that the concept of the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health needs to be further clarified by the European Commission so that food producers and food retail businesses can be aware of the importance of sustainability and health; calls on the Commission to clarify also if the codes of conduct will focus and to which extent on marketing campaigns undertaken by businesses on advertising food products;
Amendment 111 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasizes that the primary purpose of food labelling is to provide clear and accurate information to consumers so that they can make informed purchasing decisions;
Amendment 114 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes consumers' views that the existing regulatory framework does not fully allow for clear and easily understandable information on the nutritional value and therefore welcomes the European Commission's intention to explore and propose new ways to improve food nutritional labelling;
Amendment 115 #
2020/2260(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that the ‘Farm to Fork’ Strategy, including mandatory front of pack nutrition labelling, provides for other labels that include animal welfare, sustainability and places of origin for certain products categories; considers that in no case should over-labelling confuse customers and therefore stresses the importance of customers education;
Amendment 116 #
2020/2260(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Underlines that using different labels in different Member States might lead to market fragmentation and confuse consumers;
Amendment 128 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essentialimportant, further, to keep consumers better informed by considering the introducingtion of mandatory origin labelling of foodcertain food products, which wcould be broadened to cover animal welfare, sustainability and pesticide residue levels;
Amendment 136 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need for clearer rules on information on the origin of honey and in the case of honey originating from more than one EU Member State or third country, which, together with better consumer information, would contribute to an even better position for European beekeepers and honey producers;
Amendment 147 #
2020/2260(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 157 #
2020/2260(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes note of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16;
Amendment 163 #
2020/2260(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to clarify the current legislation on launch a systematic campaign to explain to European consumers the use-by dates concept, and in particular the difference between the dates printed on product packaging: 'use- by dates,' and 'best before' in order to reduce food waste and increase consumption safety of food products;
Amendment 174 #
2020/2260(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that a study carried out by the European Commission's Joint Research Centre did not identify a precise geographical pattern of dual quality of products; points out, however, that the above-mentioned research has shown the presence of dual quality of certain products in the European single market and therefore considers that the implementation of the ‘Farm to Fork’ Strategy must ensure that products which are not identical should be presented in a different way;
Amendment 181 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In order to protect the competitiveness of European businesses, especially small and medium-sized enterprises, and to protect the integrity of the single market, calls on the European Commission to ensure, through a proactive trade and customs policy, that food products imported into the single market comply with strict European food safety regulations;
Amendment 184 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the ‘Farm to Fork’ Strategy must take a stronger regional approach, taking into account the specificities of production in those Member States where there is a risk of food production moving to third countries due to the their proximity; calls on the Commission, therefore, to monitor situation closely in this regard in order to avoid relocating of production to third countries;
Amendment 191 #
2020/2260(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that water is source of strategic importance for the European consumers, and that delivering a Green deal, which includes ‘Farm to Fork’ Strategy, is impossible without prudent water management; further emphasizes that water suppliers are key to achieving sustainability, but notes the insufficiently ambitious approach to water resources in the Strategy;
Amendment 193 #
2020/2260(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that a resistant, secure and reliable food supply chain is the core for ensuring sufficient amount of food products in the cases of pandemics, earthquakes, droughts, flood sand other crisis situations; welcomes, in particular, the European Commission's plan to develop a contingency plan for ensuring food supply and food security in times of crisis; further calls on the European Commission to examine the level of self- sufficiency of the Member States and the European Union as a whole in food production and to report to the European Parliament without delay;
Amendment 196 #
2020/2260(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Points out that over-packaging of food is an important issue that needs EU attention and action as it has consequences for consumers, affects shipping costs, and also has an adverse impact on the environment; reiterates its call on the European Commission to clarify the concept of unnecessary packaging and over-packaging.
Amendment 38 #
2020/2244(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the youth unemployment rate has increased due to COVID-19 crisis, reaching 17.1 % in September 2020; whereas 11.6 % of young people aged between 15 and 24 are not in employment or in education (NEETs)15 ; whereas the COVID-19 crisis impacted the access to education for disadvantaged social groups such as single-parent, low income and large families, who struggle to afford digital education equipment for their children; whereas increasing inequalities between generations affect the sustainability of our welfare system as well as our democratic health; _________________ 15 JER 2021.
Amendment 46 #
2020/2244(INI)
Motion for a resolution
Recital G
Recital G
G. whereas women are particularly vulnerable to labour market changes owing to social care duties, discrimination on grounds of pregnancy and motherhood, occupational segregation and their more precarious employment; whereas an intersectional evaluation shows that women in vulnerable groups, such as young women with children, persons with disabilities or those of a migrant origin, are more likely to be in a worse position;
Amendment 53 #
2020/2244(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the gender employment gap (11.4 %) , gender pay gap (14 %) and gender pension gap (30 %) remain unacceptably high; whereas improving employment opportunities for women, ensuring equal pay, recognition of unpaid care work and facilitating a good work-life balance, including for men, are vital to sustainable economic growth and development, productivity, and long-term fiscal sustainability in the EU;
Amendment 74 #
2020/2244(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the pandemic has exacerbated health and social inequalities17 in wide ranging groups including children in low-income families and older people and whereas the poverty rate is predicted to increase as one of the effects of the COVID-19: whereas Eurofound suggests complementing the Social Scoreboard accompanying the EPSR with additional indicators covering job quality, social justice and equal opportunities, robust social welfare systems and fair mobility; _________________ 17EuroHealthNet (2020), Recovering from the COVID-19 pandemic and ensuring health equity. The role of the European Semester.
Amendment 89 #
2020/2244(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the demographic challenge requires a comprehensive approach based on a mix of policy solutions in the fields of pensions, social security, family policies, care services, housing, early childhood schools, long- term care, health systems, social inclusion, integration of migrants and work-life balance, gender equality, high levels of employment and wages;
Amendment 92 #
2020/2244(INI)
Motion for a resolution
Recital N
Recital N
Amendment 99 #
2020/2244(INI)
Motion for a resolution
Recital O
Recital O
O. whereas, contrary to the crowding- out hypothesis that has prevailed in economic thinking for the last three decades, public investment and its crowding-in effects should play a central role in this new economic paradigm; whereas investments and reforms should also focus on digital skills and educational and vocational training for all in order to have a positive impact on social cohesion, which is a pre-condition for economic growth, job creation and employment;
Amendment 103 #
2020/2244(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas cohesion policy, as the EU’s main investment policy for social, economic and territorial development, has demonstrated its effectiveness in reducing inequalities and regional differences, in particular regarding the poorest regions;
Amendment 104 #
2020/2244(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
O b. whereas social protection systems and labour market policies are deeply rooted in national traditions and there is great variation between the Member States, which should be maintained when working towards common social goals through the European Semester; whereas issues lacking a transnational dimension are dealt with at national level in line with TFEU146(2), 147(1), 151 and the principle of subsidiarity;
Amendment 105 #
2020/2244(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
O c. whereas the green transition and the digitalisation of the economy will involve substantial economic diversification and transformation of business models and policymaking; whereas that will create new opportunities as well as significant socio-economic challenges in many regions and industrial sectors; whereas the EU needs a common strategy to accompany workers and businesses concerned in order to ensure that no one is left behind;
Amendment 109 #
2020/2244(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the inclusion of the EPSR in the Annual Sustainable Growth Strategy (ASGS) 2021; calls for fairness and social rights to be given the same importance in the new economic model as macro-economic stability; emphasises the central role of the Social Scoreboard in the European Semester18 ; _________________ 18Social Score of Indicators. Eurostat 2020 https://ec.europa.eu/eurostat/web/european -pillar-of-social-rights/indicators/social- scoreboard-indicators
Amendment 115 #
2020/2244(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 129 #
2020/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to reform the financial legal framework and the European Semester process in order to strengthen democratic accountability and the involvement of the European Parliament; stresses that the social progress objectives regarding social welfare systems and quality employment must be shielded from the application of macroeconomic conditionality;
Amendment 166 #
2020/2244(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that fiscal flexibility to support investment in social rights is vitalimportant, as is the mainstreaming, effectively and at all stages, of all principles enshrined in the EPSR; demands that any proposed fiscal measures be ex-ante assessed and monitored against the provisions of Article 9 of the TFEU to evaluate their social impact, and that they only be considered when they will be beneficial for upward social convergence and increasing wellbeing standards in Member States;
Amendment 178 #
2020/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that the way data is presented in the joint employment report is not clear and that the data is often inconclusive or difficult to compare, regarding the evolution of wages, productivity, capital gains and profits, subsidies and tax breaks for corporations, or the tax wedge for labour and capital; warns that multifactor productivity is not being measured; calls on the Member States to include the Gender Equality Index as one of the European Semester’s tools and to analyse the structural reforms from a gender perspective;
Amendment 183 #
2020/2244(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to develop a quality employment package, including legislative initiatives aimed at improving wages and protecting decent working conditions for all, with a particular focus on telework, the right to disconnect, family-work balance, mental well-being at work, occupational health and safety, the rights of platform workerparental and care- related leave, the rights of platform workers, a common and synchronised weekly day of rest for all EU citizens, ensuring quality jobs for essential workers, and strengthening democracy at work and the role of the social partners and collective bargaining;
Amendment 186 #
2020/2244(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to develop a quality employment package, including legislative initiativesinitiatives contributing and supporting Member States actions in the field taking into account diverse forms of national practices and the role of social partners and collective bargaining aimed at improving wages and protecting decent working conditions for all, with a particular focus on telework, the right to disconnect, mental well-being at work, occupational health and safety, the rights of platform workers, ensuring quality jobs for essential workers, and strengthening democracy at work and the role of the social partners and collective bargaining;
Amendment 190 #
2020/2244(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that Members States should also focus on innovation and investments for improved connectivity and artificial intelligence methods and systematic deployment of 5G and Gigabit infrastructure along urban and rural households and large-scale transport corridors in line with EU’s 2025 5G and Gigabit connectivity objectives;
Amendment 200 #
2020/2244(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a quality employment package and notes that macroeconomic policies that guarantee high levels of employment, as well as fair taxation especially for families, are essential for the sustainability of our national pension systems in a demographic context of ageing European populations;
Amendment 201 #
2020/2244(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a quality employment package and notes that macroeconomic policies that guarantee high levels of employment, as well as fair taxation, are essential for the sustainability of our national pension systems in a demographic context of ageing European populations;
Amendment 211 #
2020/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure access to high-quality healthcare and long-term care and to refocus health systems on preventive care, especially regarding the issue of social isolation of the elderly notably by implementing relevant country-specific recommendations;
Amendment 218 #
2020/2244(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that implementing the EU skills agenda equitably is critical for promoting health systems and tackling skills shortages for people in new fields of work; warns, however, that a skills agenda is not enough to tackle the increasing precariousness and in-work poverty in the EU labour market; calls on the Commission and the Member States to maximise their efforts to invest in affordable, accessible, inclusive and high- quality vocational education and training, to reinforce upskilling and reskilling measures, including digital and transferable skills, and to promote lifelong learning to prepare workers for the needs of the labour market affected by the green and digital transformations; takes the view that the mutual recognition of qualifications will be beneficial for overcoming skills shortages and skills mismatches;
Amendment 231 #
2020/2244(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for better coordination between economic and social policies and between the different recovery funds and structural funds, in order to improve synergies and boost social investment resources; in particular toward first respondents to the crisis such as essential workers and families, embedding the principle of leaving no one behind;
Amendment 240 #
2020/2244(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to analyse brain drains in certain regions and sectors, and to support mobile workers by ensuring fair mobility and strengthening the portability of rights and entitlements; underlines that the digitalisation of public services can help to facilitate fair labour mobility, particularly with regard to the coordination of social security systems;
Amendment 245 #
2020/2244(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and the Member States to ensure a growth- friendly investment climate and to support SMEs and their employees in the transition to a more digital and greener economy, and to give adequate consideration to the interests of SMEs in the policy making process by analysing the possible effects of policies on SMEs; highlights the importance of improving access for SMEs to public and private funding, including microcredits and crowdfunding, and reducing unnecessary regulatory burdens;
Amendment 246 #
2020/2244(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that fairness conditions must be establishshould be considered for companies that wish to access public funds and support in order to avoid such support going to companies based in tax havens, to those without significanta jurisdiction referred to in Annex I to Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes1a, should not subvert collective bargaining, workers’ participation in company matters or codetermination, or those without a ban on bonuses to limit CEO and top executive remuneration;or codetermination in company decision-making processes in accordance with national law and practice, and should be conditional on maintaining the same level of working and employment conditions and rights, including protection against dismissals and reductions in wages, no bonuses to managers or dividends to shareholders; _________________ 1a OJ C 64, 27.2.1010, p. 8
Amendment 6 #
2020/2243(INI)
Draft opinion
Citation 2 a (new)
Citation 2 a (new)
— having regard to the UN Convention on the Rights of the Child (CRC),
Amendment 9 #
2020/2243(INI)
Draft opinion
Citation 2 b (new)
Citation 2 b (new)
— having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD),
Amendment 25 #
2020/2243(INI)
Draft opinion
Recital A
Recital A
A. whereas everyone of any age group and socio-economic background has the right to inclusive and quality education, training, up-skilling, re-skilling and lifelong learning in order to acquire and maintain the skills that will enable them to develop their professiersonal and persrofessional potential to the fullest extent;
Amendment 29 #
2020/2243(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Amendment 34 #
2020/2243(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas the Covid-19 pandemic has disclosed a wide gap between digital skills of people and labour market demands; whereas the focus on the digital skills will remain prominent also after the pandemic; whereas on average two in five Europeans aged 16-74 are lacking these skills1b; _________________ 1bEurostat: Do young people in the EU have digital skills? https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/EDN-20200715-1
Amendment 35 #
2020/2243(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas the Covid-19 pandemic has had a severe impact on the labour market; whereas the unfavourable economy prospect influences the unemployment rate that rose from 6.5% to 7.5% over the course of the year 2020 and mainly young people entering the workforce at the time of the pandemic have had difficulties to secure their first jobs1c;whereas young parents had to support their children’s education and care in addition to their own work which created additional difficulties for their equal participation to the labour market; _________________ 1cEurostat: Society and work, https://ec.europa.eu/eurostat/web/covid- 19/society-work
Amendment 38 #
2020/2243(INI)
Draft opinion
Recital B
Recital B
B. whereas a qualified mobile workforce is key for a globally competitive economy that provides quality jobs; whereas the strengthened cooperation between universities and other education institutions as well as the recognition of qualifications, learning and leartraining periods including those gained by informal learning and volunteering is a crucial prerequisite for the free movement of learners, educators and the workforce within the EU;
Amendment 59 #
2020/2243(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas in addition to crucial basic skills, it is also important to focus on mastering language skills as well as cross- cuttings kills such as critical thinking, entrepreneurship, creativity, intercultural and interreligious competences, team work or media literacy;
Amendment 66 #
2020/2243(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas development of specific targets and benchmarks as well as the system of monitoring of their implementation is crucial for achieving the European Education Area by 2025;
Amendment 70 #
2020/2243(INI)
C c. whereas the Covid-19 pandemic and the lockdown measures have restricted spaces in which children can interact and develop their social skills in school, peer, and extended family networks;
Amendment 74 #
2020/2243(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
C d. whereas training and education should aim primarily to achieve formation of learners and value the integral development and growth of every person, with a special attention to all facets of the individual and without restricting the objectives of education solely to employability;
Amendment 76 #
2020/2243(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
C e. whereas, besides a strong focus on STEM subjects in up-skilling and re- skilling programmes, similar attention should be given to humanities and social sciences, since they can, among others, contribute to the social dimension of the green and digital twin transition and lead to a human-centred approach to the digital and scientific areas;
Amendment 79 #
2020/2243(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication of 30 September 2020 entitled ‘Achieving the European Education Area by 2025’ (COM(2020)0625) which encompasses six dimensions – quality, inclusion and gender equality, the green and digital transitions, teachers and trainers, higher education and the geopolitical dimension – and a set of targets with the aim of improving outcomes and ensuring resilient and future- looking education systems; Reminds that the creation of the European Education Area by 2025 is a way to harness the full potential of education and culture as drivers for economic growth and job creation as well as improved social cohesion;
Amendment 87 #
2020/2243(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that in order to harness the full potential of the European Education Area, the key areas in which the European Union can support and complement the effort of the Member States in line with the principle of subsidiarity need to be clearly identified and implemented in compliance with the targets and benchmarks developed in cooperation with the Member States, academic institutions and other relevant stakeholders, including families and family associations;
Amendment 93 #
2020/2243(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that the successful transition towards the European Education Area requires a comprehensive ecosystem of support for all relevant parties including education institutions, employers, expert communities, non- governmental sector and charitable organisations;
Amendment 99 #
2020/2243(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of ensuring inclusive and quality education, and promoting re-skilling, up-skilling and lifelong learning, including vocational education and training (VET), for all across the Union, to ensure equal opportunities in the labour market; welcomes, in this context, the development of a European approach to micro- credentials and individual learning accounts; Recalls that inclusive education needs to be accessible for all as for the geographical and financial accessibility but also for the physical accessibility of education institutions for learners with disabilities;
Amendment 106 #
2020/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to encourage the Member States to thoroughly evaluate the learning curricula so they are up-to-date, future- proof and able to prepare the learners to match their skills with demands of the labour market, reflecting the plurality of societies and at the same time provide space in which the learners can shape their learning process adapted to individual needs of the learners, mainly those with disabilities and special needs or from disadvantaged background;
Amendment 112 #
2020/2243(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Commission to encourage the Member States to put forward long-term strategic plans encompassing visions for the education system that is resilient to future challenges and potential crises and flexible also in terms of the fast technological changes and development of AI;
Amendment 113 #
2020/2243(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the Commission to encourage the Member States to engage in dialogue with civil society organisations, among others family associations, students’ organisations, academia, enterprises and all stakeholders working in the areas of education and training, up-skilling and re-skilling, to address the educational and training challenges faced by EU societies and the consequences of the Covid-19 pandemic on education systems, by formulating comprehensive and structured processes of cooperation and co-creation on such matters;
Amendment 116 #
2020/2243(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that basic and cross- cutting skills, up- and re-skilling and lifelong learning are vital for sustainable growth, productivity, adaptation to the transformations of the labour market, investment and innovation, and are therefore key factors for the competitiveness of businesses, especially small and medium-sized enterprises (SMEs); Highlights the opportunities brought by the informal ways of learning for example by volunteering or providing informal help and care in families as the formal recognition of these skills could help people to gain more opportunities on the labour market;
Amendment 120 #
2020/2243(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 132 #
2020/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to facilitate and promote transparent mobility for all including persons with disabilities and special needs and persons from disadvantaged background through the full implementation of the Professional Qualifications Directive1 , and better use of tools such as the European Employment Services (EURES) job mobility portal, the Europass online platform and the European Skills, Competences, Qualifications and Occupations (ESCO) classification system or Erasmus + with the special focus on VET learners and staff; highlights, in this context, the need to improve the recognition of third-country nationals’ competences on the Union’s labour market; _________________ 1Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22.knowledge, skills and competences gained during the qualifications, learning and training periods abroad including those gained by informal learning and volunteering as well as the recognition of third-country nationals’ competences on the Union’s labour market; Underlines the importance of promoting language skills in order to enable learners to fully use the opportunities given by enhanced mobility;
Amendment 150 #
2020/2243(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the opportunities created by digital work to achieve the inclusion of all in the labour market; highlights, in this regard, the need to provide access to the development of digital skills, as well as competences in science, technology, engineering and mathematics (STEM), social skills, language skills and cross- cutting soft skills such as critical thinking, creativity and, entrepreneurship, team work and media literacy to everyone; underlines that special attention must be paid to the inclusion of disadvantaged groups in this context, in particular persons with disabilities; Recalls, in this regard, the need to invest in innovative ways of teaching enabled by the digital development but not forgetting that face- to-face learning must remain the key as it teaches also valuable social skills;
Amendment 154 #
2020/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that education systems should not only embrace the knowledge and skills but should also enhance the well-being and physical health of the learners; calls therefore for the close attention to be paid to the overal health and physical condition of the learners, with the special focus on the growing problem of civilization diseases, increasing number of children with disabilities and special needs, problems connected to stress, psychological problems or addictions;
Amendment 160 #
2020/2243(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Regrets that the Covid-19 crisis has deepened the youth unemployment in the European Union; Stresses the need to step up in the efforts to improve the employment rate of recent graduates and to prevent the youth unemployment i.a. through the reinforced Youth Guarantee; Recalls the need for a special attention to be paid to the employment perspectives of young people with disabilities, young people from disadvantaged background but also to young parents, especially mothers who suffer disproportionate marginalisation on the labour market, specifically upon returning to work from maternity or parental leave;
Amendment 171 #
2020/2243(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the persistent gender employment and pay gap as well as the consequent gender pension gap; highlights, in this regard, the need to tackle gender stereotypesmotivate girls and women and to increase women’s representation in education, training and employment in STEM subjects and occupations. as well as in other fields of knowledge and employment;
Amendment 7 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes in particular that competition and consumer policies complement each other as they both aim to protect consumers and to ensure the normal functioning of the single market; recalls that the New Consumer Agenda presented by the European Commission as one of its objectives envisages the continuation of the fight against consumer scams, unfair marketing practices and fraud;
Amendment 12 #
2020/2223(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that the Charter of Fundamental Rights of the European Union states that Union policies shall ensure a high level of consumer protection;
Amendment 13 #
2020/2223(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that competition rules protect the integrity of the single market and help create a level playing field for businesses, while also undoubtedly helping to better protect consumer rights and promote innovations;
Amendment 20 #
2020/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern the growing interest of external actors in strengthening and consolidating their influence in European companies in the context of the crisis caused by the pandemic; calls on the European Commission to closely monitor such trends, and in particular foreign direct investments, in order to ensure and preserve the integrity of the single market;
Amendment 23 #
2020/2223(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that 73% of the European Union's GDP is generated by services and that the single market for services is less developed than the single market for goods; considers that competition mechanisms can help strengthen the single market for services; emphasizes further that regulatory obligations must be proportionate and must in no way aim to create unjustified administrative barriers that prevent the further strengthening of the single market and fair competition;
Amendment 24 #
2020/2223(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the concept of non- economic services of general interest is not defined by European legislation; calls on the European Commission, therefore, to consider how important it would be for the development of competition rules to define the concept of non-economic services of general interest by secondary European legislation;
Amendment 25 #
2020/2223(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Agrees that competition policy also plays a significant role in the EU’s modern industrial policy, with the aim of rendering European companies more innovative and therefore competitive internationally; stresses, however, that European self-sufficiency in the production of critical equipment such as personal protective equipment is crucial for consumer protection;
Amendment 28 #
2020/2223(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that regulating digital markets constitutes a core responsibility of the Committee on Internal Market and Consumer Protection; in this context, highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory intervention willaims to address the gaps in ex post competition law enforcement; __________________ 1 OJ L 186, 11.7.2019, p. 57.
Amendment 31 #
2020/2223(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the existing competition rules do not sufficiently meet the needs of a functioning single market and therefore welcomes the European Commission's intention to correct irregularities in the digital market through competition policy, inter alia through an ex ante regulatory instrument;
Amendment 33 #
2020/2223(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes the two legislative initiatives recently proposed by the European Commission: the Digital Services Act (DSA) and the Digital Markets Act (DMA); stresses their important role in complementing and strengthening the competition law enforcement; notes that proposed harmonised rules, better oversight and ex ante obligations will ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants;
Amendment 36 #
2020/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of a few online operators acting as gatekeepers to the digital economy, including access to e- commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; in this regard particularly emphasizes that out of the 10 000 internet platforms participating in the EU digital market, the seven largest generate as much as 69% of the sector's total revenues; underlines, therefore, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in, without limiting the EU's ability to intervene ex-post via the enforthcoming Digital Markets Act proposalcement of existing EU competition rules;
Amendment 53 #
2020/2223(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the EU level; underlines that the compliance of provisions must be reinforced with effective and, proportionate and dissuasive penalties;
Amendment 62 #
2020/2223(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure fair and secure access to data for all market participants without prejudice to the rules laid down by the General Data Protection Regulation; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on both, European values and European way of life as well as on fair competition.
Amendment 66 #
2020/2223(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that some digital platforms, despite penalties, have repeatedly violated competition rules; stresses that sanctions for infringers must be effective, proportionate and dissuasive; calls, therefore, on the European Commission to examine whether the sanctions currently imposed on the various forms of infringement of competition rules are sufficiently appropriate and dissuasive and whether they meet general and special prevention; furthermore, calls on the Commission to report to the European Parliament in particular on the effectiveness of the application of structural remedies in EU Competition Law.
Amendment 2 #
2020/2194(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the important role that Union agencies play in helping Union institutions to design and implement policies, especially by carrying out specific technical, scientific and managerial tasks; expresses its satisfaction with the high quality work performed by the agencies working in the area of employment, social affairs and inclusion (Cedefop, Eurofound, EU-OSHA, ETF and ELA);
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes and encourages the cooperation among the agencies within and beyond the framework of the EU Agencies Network (EUAN), which constitutes an important inter-agency cooperation platform to ensure efficient communication between the agencies and relevant stakeholders; appreciates and further encourages the close cooperation among the agencies under the remit of the EMPL Committee in order to improve synergies, ensure further complementarity and the sharing of resources;
Amendment 12 #
2020/2194(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Court’s finding in its report on the 'Future of EU Agencies' that agencies measure performance through key performance indicators (KPIs) and that the Commission in 2015 issued guidelines for directors of agencies on KPIs; notes with regret that the indicators used in practice mainly relate to the implementation of an agency’s annual work programme, budget and its human resources management, and that they do not usually allow for than Agency's overall performance assessment of results or of the agency’s efficiency and effectiveness in discharging its mandate; calls on the agencies to work together to improve the use of KPIs with the aim of ensuring a stronger focus on performance in the discharge procedure, in addition to compliance; calls on the agencies to continue developing indicators, which will measure their contribution to the policy implementation of Union policies; urges the agencies to regularly review and update those indicators;
Amendment 14 #
2020/2194(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the Common Approach states that every Union Agency should be evaluated every five years and that the Commission should be responsible for organising evaluation and for every second evaluation the sunset clause should be applied; notes with regret that the founding regulations of several agencies have not yet been aligned with the Common Approach; notes the Court’s finding in its report on the Future of EU agencies that the founding regulations of 13 agencies were recast between 2015 and 2019, but only five proposals were accompanied by an impact assessment; calls on the Commission to regularly conduct independent evaluation of the performance of the agencies to identify synergies and possible changes, including mergers;
Amendment 18 #
2020/2194(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that, similarly to previous years, most of the observations the Court has made in its Annual report on EU agencies for the financial year 2019 concern shortcomings in public procurement procedures, mostly concerning sound financial management and regularity; encourages the Union agencies to further improve their public procurement procedures, ensuring full compliance with the applicable rules and best value for money procurements;
Amendment 23 #
2020/2194(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the very high level of carry-overs in some agencies, which could indicate various weaknesses, including weak budgetary planning, which is in contradiction to the budgetary principle of annuality;
Amendment 60 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Recalls that agencies were created for specific needs and that significant numbers of agencies were set up as reflection to certain crisis; agrees with the Court’s position in its report 'Future of EU Agencies' that the role of an agency needs to be reassessed at different stages of its operational period in order to verify whether an agency is still relevant and whether its actions are coherent with other agencies and their partner DGs;
Amendment 64 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Believes that the set-up, functioning and especially potential winding-up of agencies should be flexible to help implement Union policy and to enhance European cooperation; acknowledges in this regard the Court’s consideration in its report 'Future of EU Agencies' that there is not sufficient flexibility in the set-up and operation of agencies and that the potential for them to cooperate for common policy objectives in the interest of citizens could be further exploited;
Amendment 65 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Recalls general unawareness of the European citizens about the existence of the agencies, even within the country where the agencies are located, and also that citizens receive little information about the benefits of the agencies; calls in this regard on the agencies to continue developing their communication strategies and to increase their media and social media presence in order to raise awareness about their work, research and activities in the general public;
Amendment 2 #
2020/2155(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds the Agency to regularly review and update its performance measurement system and KPIs to ensure Agency’s efficient contribution and expertise at Union level; encourages the Agency to carefully analyse the outcomes and use them to improve their strategy and activity planning;
Amendment 5 #
2020/2155(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the Agency collaborates closely with other agencies on topics of common interest in the operational area and shared procurement services, and has joined inter-institutional calls for procurement tenders with other agencies; notes that in 2019, the Agency started cooperation with European Union Intellectual Property Office in order to implement a Disaster Recovery Plan; encourages the Agency to continue exploring possible synergies and effectively exchange information with other agencies in order to align activities and avoid overlaps;
Amendment 9 #
2020/2155(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret from the Court’s report that the Agency exceeded the contractual ceiling with regard to the Third European Survey of Enterprises on New and Emerging Risks (ESENER-3) by 2,4 % without any amendment of the contract; notes from the Agency’s reply that it received confirmation from the Commission only once the procurement was completed and the award decision was signed which led to the non-inclusion in the initial documents of the budget for inclusion of additional countries;
Amendment 11 #
2020/2155(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes Agency’s communication and social media activities, which help to raise awareness about the Agency; notes that the Agency developed new data-visualisation tools and updated web publication section to make the information more appealing and accessible; encourages the Agency to continue promoting their work, research and activities to increase its public visibility;
Amendment 12 #
2020/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the remaining high level of committed appropriations carried forward from 2019 to 2020, which stood at 22 %; recalls that such high carry-overs were also reported for the financial years 2016, 2017 and 2018, and calls on the Agency to analyse the underlying reasons and to improve the budget planning accordingly; notes the Agency’s reply specifying that part of the carry forwards are planned in order to ensure economy and in order to guarantee logistical arrangements;
Amendment 13 #
2020/2155(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes with regret from the Court’s report that under a contract for the provision of training and coaching services, the Agency did not base its reimbursements on actual figures shown in supporting documents as provided in the contract, thus incurring the risk of reimbursing higher sums than the costs actually made; notes from the Agency’s reply that it acknowledges that supporting documents/invoices were missing;
Amendment 5 #
2020/2151(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates the Foundation’s work to enhance and disseminate knowledge, and to provide evidence and expertise to support policies concerning the improvement of living and working conditions in the Union; highlights the importance of collaborating with various highly qualified external experts;
Amendment 13 #
2020/2151(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret from the Court’s report that with regard to a framework contract for a maximum amount of EUR 170 000 for the supply of electricity, the Foundation incorrectly used a negotiated procedure with a single candidate, which resulted in irregular related contracts and associated payments; notes from the Foundation’s reply that it accepts the Court’s observation and consequently has planned the new tender for early 2021 to be of a competitive nature;
Amendment 16 #
2020/2151(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with regret from the Court’s report that with regard to another framework contract, the Foundation should have used an open procedure instead of a negotiated procedure justified by the Foundation on the basis of a budget which was underestimated; notes from the Foundation’s reply that it did a screening of the local market, based the budget on professional advice, publicly advertised the contract and published a contract award notice in the Official Journal;
Amendment 17 #
2020/2151(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the fact that the Foundation has completed the corrective actions in relation to the Court’s observations from previous years; notes that the Foundation is in the process of implementing actions in response to the recommendations from the Commission made on the basis of the external cross- agency evaluation covering the period 2012 to 2016, and awaits the Foundation’s related reporting in its 2020 Annual activity report;
Amendment 2 #
2020/2150(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the introduction of more qualitative indicators in 2018-2019, which aimed to provide a more balanced view on the Centre’s performance; reminds the Centre to regularly review and update its performance measurement system and KPIs to ensure Centre’s efficient contribution and expertise at EU level; encourages the Centre to carefully analyse the outcomes and use them to improve their strategy and activity planning;
Amendment 3 #
2020/2150(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the external evaluation, to which the Centre was subject in 2017 as required by the financial rules, has assessed the Centre’s work positively; welcomes the actions planned to address the issued recommendations and calls on the Centre to continue to pursue further cooperation with other agencies; encourages the Centre to continue to implement its performance measurement indicators and to align the performance indicator methodologies with other agencies in order to present the implemented policies in a more detailed manner; welcomes the introduction of an environmental indicator;
Amendment 10 #
2020/2150(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Centre’s collaboration with other Union agencies, in particular with Eurofound, with the purpose of seeking to ensure synergies; expresses its satisfaction that the Centre collaborates with the EU Agencies Network to ensure efficiency gains in administrative matters, such as joint procurement procedures and exchange of knowledge and expertise on IT system, cybersecurity or HR practices;
Amendment 14 #
2020/2150(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regret that the Court identified weaknesses in one procurement procedure for cleaning services for which the Centre accepted a change in the execution of the contract following its signature, without properly documenting the change or incorporating the change into the framework contract; notes from the Centre’s reply that the Centre intends to formalise its guidelines on contract management to complement the training given to contract managers, the work flow and the controls in place;
Amendment 14 #
2020/2150(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with regret that, as a result of the Judgment of the General Court in case T-187/18, the Centre has an obligation to pay EUR 40000 compensation, and draws attention to the importance of complying with existing labour legislation in order to avoid such cases in the future;
Amendment 16 #
2020/2150(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes the Court’s observation regarding incorrect application of the method for calculating contribution set out in the Statement on Cedefop-EFTA cooperation; notes, from the Centre’s reply, the Centre’s declaration that no incorrect application has taken place and that it has been consistently applying the ‘proportionality factor’ in this regard;
Amendment 16 #
2020/2150(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with concern that, according to the Court’s report, mistakes in procurement and contract management were made, that the Centre accepted the change in the execution of a contract without properly documenting whether the alternative proposed by the contractor was at least equivalent to the solution proposed in the tender and that the Centre did not amend the framework contract concluded with that contractor in order to include such change; Notes that the Centre formalised its guidelines on contract management to complement the training given to contract managers, the workflow and the controls in place;
Amendment 20 #
2020/2150(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the Centre’s communications campaigns, focus on social media presence, interactive online tools and visualisations; encourages the Centre to continue promoting their work, research and activities to increase its public visibility;
Amendment 3 #
2020/2140(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes note that by the end of 2019, outstanding commitments continued to rise, reaching EUR 298.0 billion; highlights that this increase was due to the fact that commitment appropriations systematically exceeded payment appropriations and that payment needs were being postponed to the next MFF, basically owing to delays in the implementation of the European Structural and Investment (ESI) funds; points out that there was a significant increase in payment claims of the ESI funds while the use or ‘absorption’ of these funds by Member States has remained slower than planned, which contributed to a worrying increase in the outstanding commitments for the ESI funds;
Amendment 12 #
2020/2140(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with concern that the estimated overall level of error in the policy area ‘Economic, social and territorial cohesion’ in 2019 stood at 4.4 % (2018: 5.0 %); underlines that despite the slight decrease in comparison with the previous year, this figure is still largely above the 2 % materiality threshold and the estimated level of error in expenditure for the Union budget as a whole (2.7 %); points out, furthermore, that the number and the impact of detected errors indicate that there is a high inherent risk of error in this area and that managing authorities’ checks are still often ineffective for preventing or detecting irregularities in the expenditure declared by beneficiaries;
Amendment 15 #
2020/2140(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the fact that also for 2019 financial year, the Court of Auditors (the ‘Court’) concludes that the weaknesses detected in some audit authorities’ sampling methods have affected representativeness, and that shortcomings remain in the way audit authorities perform and document their work; notes with concern that despite many irregularities which national audit authorities have already reported for the projects the Court examines, many errors still go undetected or uncorrected by all internal control instances at an earlier stage; welcomes, in this context the joint initiative of the Commission and audit authorities to improve the documentation of audit authorities’ work; recommends, on the basis of the Court’s findings and conclusions for 2019, that the Commission analyses the main sources of undetected errors and develops the necessary measures together with the audit authorities to improve the reliability of reported residual rates;
Amendment 17 #
2020/2140(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that EU spending in this policy area is characterised by cost reimbursements, which involve more complex rules than in some other policy areas, and that this results in that relatively high estimated level of error in this policy area; in this respect, notes that in 2019, errors are mainly due to ineligible projects (55 %) and infringement of internal market rules (24 %, of which 15 % serious non-compliance with public procurement rules), followed by ineligible expenditure (12 %) and absence of essential supporting documents (4 %);
Amendment 18 #
2020/2140(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes note that in its Annual activity report for 2019, DG EMPL reported a KPI (1.7 % residual total error rate) below the 2 % materiality threshold and that it also reported ‘a maximum rate’ (up to 2.4 %) which would allow to take into account possible further errors in expenditure on operations that were not included in the Commission’s audits; furthermore takes note that the Court considers the ‘maximum rate’ to be more suitable, because it takes account of the potential impact of ongoing audit work;
Amendment 20 #
2020/2140(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that in 2019, the risk at payment for ESF is in the range of 1.7 %- 2.4 %; furthermore, takes note of the fact that due to the processing of first payments for a number of operational programmes in Member States in 2018 and 2019, the auditors had the possibility to examine the full process for a higher number of programmes and a higher number of payments, which subsequently resulted in an increased number of errors found, as well as a higher error rate;
Amendment 22 #
2020/2140(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes with concern that the most common error affecting ESF expenditure is the absence of essential supporting documentation; notes, furthermore, that in 2019 the Court identified one ESF project that infringed the EU's state aid rules;
Amendment 23 #
2020/2140(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the fact that in the framework of the preventive measures applied by the Commission, DG EMPL continues to apply a strict policy of interruption and suspension of payments to preserve the EU’s financial interests; in this context, notes that for the ESF / Youth Employment Initiative (YEI) and the FEAD, 12 interruption decisions and one suspension decision were adopted in 2019, and that, in addition, 16 warning letters and five pre-suspension letters were sent to the Member States concerned;
Amendment 26 #
2020/2140(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes with satisfaction that, following the adoption of the new Commission Anti-Fraud Strategy on 29 April 2019, DG EMPL has performed a fraud-risk-analysis and reviewed and updated jointly with DG REGIO and DG MARE the ‘Joint Anti-Fraud Strategy’ as well as its direct management anti-fraud strategy; takes note that DG EMPL has continued to contribute to the development of the risk scoring tool ARACHNE helping the national authorities, among others, to identify the risk of fraud;
Amendment 27 #
2020/2140(DEC)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the total number of on- going OLAF investigations concerning EMPL’s fields of activity and all programming periods put together amounts to 20 cases related to the ESF, 1 case regarding FEAD and 2 cases related to direct expenditure at the end of 2019, the main areas of (potential) fraud in these cases being non-compliance with the principles of sound financial management, overpricing and non-respect of procurement rules and procedures;
Amendment 28 #
2020/2140(DEC)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the fact that in 2019, the follow-up to 10 OLAF reports was completed whereby through various means and forms the EU budget was protected with the recovery of almost EUR 55.3 million;
Amendment 29 #
2020/2140(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that most spending on the programmes under the MFF subheading 1a is directly managed by the Commission and takes the form of grants to public or private beneficiaries participating in projects (the Commission providing advances to beneficiaries upon signature of a grant agreement or financing decision);
Amendment 31 #
2020/2140(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Expresses its concern that the estimated level of error in spending on ‘Competitiveness for growth and jobs’ (MFF subheading 1a) for 2019 as a whole is material and stands at 4.0 %; - which represents a substantial increase compared to 2.0 in 2018 (2017: 4.2 % and 2016: 4.1 %) and notes that the level of error is persistently high for research and innovation expenditure, being the main source of error, while it is much lower for the rest of this subheading;
Amendment 33 #
2020/2140(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that EaSI financed 44 projects through five calls for proposals for EUR 29.3 million under its 2019 work programme; takes note of the fact that in October 2019, DG EMPL signed the first share subscription in the EaSI Funded Instrument, representing a EUR 200 million loan fund to support lending to micro-enterprises and social enterprises;
Amendment 36 #
2020/2140(DEC)
Draft opinion
Paragraph 13
Paragraph 13
13. Recognises that the five decentralised agencies under the remit of DG EMPL provide significant contribution and have important added value to the achievement of the specific objectives of DG EMPL’s policy areas; notes that the revised Founding Regulations of the three tripartite agencies (Cedefop, EU-OSHA and Eurofound) were adopted on 16 January 2019 and entered into force on 20 February 2019; welcomes the establishment of the European Labour Authority on 31 July 2019, and reiterates its call that the Authority is provided with sufficient financial resources;
Amendment 40 #
2020/2140(DEC)
Draft opinion
Paragraph 14
Paragraph 14
14. Notes from DG EMPL’s Annual activity report for 2019 that DG EMPL had reasonable assurance and concluded that the management and control systems of the operational programmes worked as intended in 2019 with the exception of 29 ESF/YEI and 1 FEAD programmes which presented material deficiencies of some key elements of the systems;
Amendment 41 #
2020/2140(DEC)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes with satisfaction, from DG EMPL’s Annual activity report 2019, that DG EMPL has undertaken the necessary follow-up actions in relation to all Statement of Assurance 2015-2018 recommendations reported by the Court, and that by the end of March 2020, there were no open Court’s recommendations;
Amendment 43 #
2020/2140(DEC)
Draft opinion
Paragraph 15
Paragraph 15
15. Calls on the Commission to follow up all errors found by the Court and to request additional financial corrections, where deemed necessary; furthermore calls the Commission to make an analysis of the underlying reasons together with the audit authorities and to undertake adequate measures in this regard;
Amendment 1 #
2020/2131(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. Whereas SMEs are the backbone of the European economy and represent 99% of EU companies;
Amendment 2 #
2020/2131(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
1b. Whereas European SMEs are currently experiencing unprecedented challenges because of the COVID-19 crisis that threatens their very existence;
Amendment 3 #
2020/2131(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
1c. Whereas only 17% of SMEs have so far successfully integrated digital technology into their businesses and digitalisation is crucial for a strong economic growth and creation of jobs within the internal market;
Amendment 4 #
2020/2131(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
1d. Whereas 78% of SMEs see administrative costs as one of the main barriers for their future growth;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WStrongly welcomes the SME strategy and shares the Commission’s view that SMEs, are essential to the European economy the backbone of the European economy and absolutely essential for economic growth and job creation as well as for a strong and well- functioning internal market; encourages the Commission to swiftly take further initiatives to properly support EU SMEs with the aim to address both the short- term consequences of the crisis and the long-term challenges such as the digitalisation and the transition to a more sustainable internal market;
Amendment 13 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the implementation of the SME strategy should focus primarily on supporting SMEs to help them maintain their existence and by aiming at their full recovery and growth, as the COVID-19 crisis has delivered a shock to many SMEs and their crucial role in the everyday life of Europeans; underlines that action should also be taken to support SMEs scaling-up and to enhance their cross- border activities in order to benefit the most from the internal market; recalls that further action should be taken to safeguard SMEs from unfair competition from third countries global players;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that improved access to finance and liquidity are necessary to support SMEs and that EU funds together with national measures are necessary to allow companies to bridge liquidity gaps caused by the crisis; highlights that SMEs need support to compensate for loss in revenues, to finance fixed costs and avoid bankruptcies; calls for supporting possible access to diverse financial resources for SMEs in order for them not to be dependant only on banking system but also to consider the use of other means including private equity and crowdfunding;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the synchronisation of all financial tools aimed at supporting SMEs within the internal market; insists that programmes crucial for SMEs competitiveness, development and resilience to the crisis, must be included in the next Multiannual Financial Framework and guaranteeing a necessary level of funding that supports them; COVID-19 support schemes should be tailor-made to address challenges of the different sectors affected and to coordinate EU funding with national and regional initiatives; recovery funding also needs to address additional costs that SMEs in particular have to face when complying with additional safety rules during and after the crisis; the European Investment Bank must also continue to support SMEs in particular as part of the sustainable finance approach;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the decisive contribution of SMEs to innovation, job creation and an inclusive labour market in the European Union; is extremely concerned about the rising unemployment rates in the EU and the risk of millions of people losing their jobs as a result of the COVID-19 crisis; recognises that at present SMEs are faced with severe liquidity problems and, in this context, highlights the need for sustainable finance to bridge the current investment gap and to reinforce SMEs’ ability to innovate and move towards more sustainable, resource- efficient, circular and climate-neutral solutions, ensuring the successful implementation of the European Green Deal and the related just transition;
Amendment 22 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that SMEs should not be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions by making use of all available tools and bodies, such as the SMEs Envoy and the Regulatory Scrutiny Board, in order to create a level playing field in cross-border business in the internal market;
Amendment 31 #
2020/2131(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a roadmap towards achieving a major reduction in administrative burden and bureaucracy affecting SMEs in the internal market, to boost SMEs potential for investments and speed up EU economic recovery; this should include the following elements: - supporting SMEs to operate cross- border thus fully reaping the benefits of the internal market; - encouraging scale-up; - strengthening and mainstreaming the SMEs dimension in all impact assessments through a binding SME test performed at an early stage of the impact assessment to analyse the economic impact of legislative proposals, including the compliance costs; - applying of the one-in-one-out rule in such a way that for any additional compliance cost introduced by new legislation, the corresponding amount of compliance cost is reduced; - reducing the regulatory burden through concrete targets at EU and national level (such as a reduction by 30% or cut 1000 outdated rules and regulations), in order to make a real benefit for SMEs to grow and prosper within the EU internal market;
Amendment 37 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; underlines that SMEs must be given a fair share of the added value of the data they generate and highlights that interoperability and non-discriminatory access to data, including platforms’ data, are key to ensure a digital level playing field within the internal market and to successfully deal with challenges and opportunities emerging from data sharing, data security and cybersecurity issues across the whole internal market;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that there is the need to facilitate the SMEs’ uptake of Artificial Intelligence by promoting the creation of SME cross-border Alliances for AI in strategic value chains within the internal market, as well promoting investment in the next generation of standards, tools and infrastructures to store and process data; points out that it is important to ensure SMEs’ access to and awareness of ICT standards to innovate and provide more tailored digital solutions;
Amendment 46 #
2020/2131(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that start-ups represent the SMEs with the higher potential to grow in new digital sectors such as AI, IOT and robotics; stresses that also microenterprises and micro-companies, that do not dispose of sufficient resources or infrastructure for digital transformation, must have access to sufficient financial resources and be adequately supported; recalls that also traditional SMEs focused on the sustainable development of the society are threatened heavily by the crisis in several sectors and should be adequately supported;
Amendment 46 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that SME-related actions should be at the core of the EU’s industrial and green recovery plans and initiatives and should go hand in hand with measures to protect workers; considers the strengthening ofat EU rules on coordination of social security systems asre essential for labour mobility and protecting workers, in particular those in precarious situations, and calls, therefore, on all stakeholders to adopt legislation in this area as soon as possible;
Amendment 50 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities as well as with the other Member States and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources;
Amendment 63 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s newCommission’s new guidance within the EU’s public procurement framework and to enhance opportunities for SMEs in the internal market by using digital tools and platforms to expand cross-border procurement; stresses that greensustainable public procurement can make an important contribution to building a sustainable economythe transition to a more sustainable economy and that SMEs need the right support to bring forward this transition;
Amendment 64 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to increase the SMEs’ share of government contracts, enhancing their access to public procurement and combating tendering criteria that set requirements beyond the fundamental elements of the service or goods purchased, such as price, quality and sustainability;
Amendment 69 #
2020/2131(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the fact that late payments account for a quarter of all SME bankruptcies in the EU; urges the Commission to swiftly equip the Late Payment Directive1 with strong monitoring and enforcement tools so as to ensure and promote prompt payments as a norm across the single market, including through an active use of infringement procedures in cases where the Directive is not properly implemented; to that aim, encourages Member States to appoint an independent enforcement authority in charge of monitoring the proper application of the late payment rules and empowered to impose penalties in case of delays in payment times. __________________________ 1 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, OJ L 48, 23.2.2011, p. 1.
Amendment 74 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 80 #
2020/2131(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that midcap companies that exceed the criteria of the SME definition contribute significantly to growth and job creation with in the internal market, but receive too little support; calls on the Commission to consider a revision of the current SMEs definition and propose an additional separate midcap definition ensuring that small midcaps with 250 to 499 employees in particular can be better relieved and promoted, while making sure that SMEs funding is not reduced for those SMEs meeting the current criteria.
Amendment 91 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the EU to support the digital and green transitions by investing in artificial intelligence and in reskilling and upskilling initiatives to foster digital literacy, the uptake of advanced digital skills and the new skills for new occupations and sectors that will emerge from the transition to a sustainable, carbon- neutral economy; highlights the need to adopt a forward-looking approach tomodernise the system of vocational education and, training and skills, in particular digital skills; stresses, as a matter of priority, the need to address the mismatch between skills/qualifications and the needs of the labour market.
Amendment 24 #
2020/2079(INI)
Motion for a resolution
Citation 69 a (new)
Citation 69 a (new)
- having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis2, ______________________________ 2 Text adopted, P9_TA(2020)0176.
Amendment 158 #
2020/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that in the current crisis, the Stability and Growth Pact has proven to be inadequate, not allowing Member States the fiscal spac Member States remain fully committed to the Stability and Growth Pact and welcomes their decision to make use of the general escape clause to ensure they need to absorb imbalances and mitigate the social consequences, which maded flexibility to take all necessary measures to support the the activation of the escape clause necessary; demands that social and ecological objectives be given the same legal enforceability as fiscal consolidation and financial stabilityalth of the European citizens and civil protections systems and to stabilise the European social market economy; asks for better integration and strengthening of the role of the social and ecological objectives;
Amendment 185 #
2020/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Next Generation EU, the EU’s recovery plan; calls on the Member States to make use of the general escape clause and invest in people and social welfare systems, without endeavouring fiscal sustainability and remaining committed to respect the Stability and Growth Pact; calls for specific social progress plans to ensure more effective and stronger welfare states;
Amendment 214 #
2020/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and Member States to ensure that financial assistance is only provided to undertakings not registered in tax havens;he countries listed in the Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes; 1a __________________ 1aCouncil conclusions (6129/20) on the revised EU list of non-cooperative jurisdictions for tax purposes of 18 February 2020
Amendment 223 #
2020/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to improve the scoreboard by integrating further indicators and clear targets reflecting all 20 principles of the EPSR, and to develop mandatory social targetsbuild upon existing indicators and reinforce the scoreboard by reflecting all 20 principles of the EPSR;
Amendment 237 #
2020/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the increased rate of unemployment, which will especially affect youth and workers in low- skilled positions and precarious employment; calls on the Commission to elaborate on the possibility of proposeing a permanent EU unemployment reinsurance scheme and a more effective and inclusive Youth Guarantee with high-quality offers of work, training and education; calls on the Member States to adequately invest in effective active labour market policies to prevent long-term unemployment;
Amendment 254 #
2020/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the successful implementation of the EU Recovery Plan requires a proper social dialogue at all levels and effective involvement of the social partners; calls on the Commission and Member States to support capacity building of the social partners in order to strengthen social dialogue and collective bargaining;
Amendment 284 #
2020/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to propose legal instruments to ensure decent working conditions for all workers, strengthen collective bargaining coverage, ban zero- hour contracts, end bogus self- employment, set strict limits on subcontracting practices, and improve social protection standards; calls on the Commission to present a European directive on decent working conditions for platform workers and, non-standard workers and workers in precarious forms of employment;
Amendment 289 #
2020/2079(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is concerned about the working and living conditions of seasonal workers and other cross-border workers in the low-wage sector; calls for an EU-wide subcontractor liability in certain sectors like agriculture and meat industry, especially in the case of on-site work contracts, and clear rules on subcontracting practices in general;
Amendment 303 #
2020/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an EU teleworking agenda, including a legislative proposalframework to ensure decent working conditions including respect for working hours, leave and the right to disconnect;
Amendment 306 #
2020/2079(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Pays attention to the fact that flexible working arrangements and tele- working also play an important role in preserving jobs and production and are one of the key factors in supporting better work-life balance;
Amendment 313 #
2020/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the Commission to put forward a proposal for a digital EU Social Security Number to facilitate fair labour mobility;
Amendment 316 #
2020/2079(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned about limited intergenerational social mobility and increasing income inequality; stresses that national tax and benefit systems must be designed in a way that reduces inequalities, promotes fairness and provides incentives for labour market participation; Therefore, taxation should be shifted away from labour towards other sources where it will have a less harmful effect on inclusive growth and at the same time ensure the full alignment with the United Nations Sustainable Development Goals and the climate and environmental objectives as defined in the European Green Deal;
Amendment 331 #
2020/2079(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to present an EU child guarantee in 2020, a rights- based,as soon as possible, a comprehensive and integrated anti- poverty strategy, an EU framework on national homelessness strategies, to conduct a comparative study on the different minimum income schemes in the Member States, and to highlight best practice cases with a view to presenting a framework in this regard;
Amendment 379 #
2020/2079(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to update the Skills Agenda for Europe in order to meet the skills requirements of the EU labour market and of the ecological and digital transition; underlines that supporting adequate skills with emphasis on digital skills will improve the productivity and resilience of the labour force easing the ecological and digital transition towards a greener and smarter economy;
Amendment 403 #
2020/2079(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to actively promote the development of the circular and social economy, foster social innovation, social enterprises and strengthen their sustainability, and encourage those forms of work which create quality job opportunities;
Amendment 73 #
2020/2020(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. OCalls on the Commission and the Member States to adhere consistently to the European Treaties in planning and implementing labour legislation; opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights;
Amendment 4 #
2020/2019(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas Regulation (EU) 2017/23941a has a pivotal role in enhancing cooperation amongst national authorities in the field of consumer protection; __________________ 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, p. 1).
Amendment 7 #
2020/2019(INL)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. Whereas Regulation (EU) 2016/6791a (GDPR) establishes the rules on the processing of personal data and on the protection of personal data; __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 9 #
2020/2019(INL)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. Whereas Directive 2002/58/EC1a ensures that all communications over public networks maintain respect for a high level of data protection and privacy; __________________ 1aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 10 #
2020/2019(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the “CPC Common Position COVID-19”3 issued by the Commission and the Consumer Protection Cooperation (CPC) authorities of the Member States on the most recent reported scams and unfair practices in relation to the COVID-19 outbreak; stresses the necessity to better protect consumers by providing reliable and transparent information on malpractices, such as misleading claims and scams for products in high demand; calls on all platforms to cooperate with the Commission and the competent authorities of the CPC network and members of the European Consumer Centres (ECC) to better identify illegal practices, take down scams and asks the Commission to constantly review the common guidelines for the placement and/or sale of items and services of a false, misleading or otherwise abusive content for consumers; believes such guidelines should not only seek to apply Union and national consumer law, but to proactively seek to put in place the means to react to the crisis in the market rapidly; __________________ 3European Commission / Consumer Protection Cooperation (CPC) Network, Common Position of CPC Authorities, “Stopping scams and tackling unfair business practices on online platforms in the context of the Coronavirus outbreak in the EU”.
Amendment 32 #
2020/2019(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisementsproducts they sell, in order to allow for consumer redress in the case of false or misleading advertisements;
Amendment 39 #
2020/2019(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites, stresses the importance of common understanding order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsoredn what constitutes false or misleading advertisement; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 54 #
2020/2019(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. While recalling earlier efforts, asks the Commission to further review the practice of End User Licensing Agreements (EULAs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs are often accepted by users without reading themso far the consumer has no choice but to agree with the terms of EULAs; moreover notes that when a EULA does allow for users to opt-out of clauses, platforms may require users to do so at each use; asks the Commission to introduce guidance for platforms on how to better inform consumers about the terms of EULAs, such as a pop-up message comprising key information thereof;
Amendment 62 #
2020/2019(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that EULAs should always make the sharing of all data with third parties optional unless vital to the functioning of the services, under the terms of EULAs, consumers should be free to give consent for sharing some or all of their data with third parties, unless there are legal grounds for the lawfulness of sharing of data; asks the Commission to ensure that consumers can still use a connected device for all its primary functions, even if a consumers do not give or withdraws their consent to share non- operational data with the device manufacturer or third parties;
Amendment 74 #
2020/2019(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should, that need to be clarified and ifprovide guidance should be giventhereabout, in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union; that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU4 ; and that they"smart contracts" are not subject to national barriers to application, such as notarisation requiremen when it comes to their validity requirements as consumer contracts; __________________ 4 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 79 #
2020/2019(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that any future legislative proposals should seek to remove current and prevent potentially new unjustified barriers in the supply of digital services by online platforms, as well as foster an online environment free of illegal content that would be detrimental to Union consumers and the economy of the Union; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of Union legislation by Member States.
Amendment 51 #
2020/2018(INL)
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants; including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;
Amendment 61 #
2020/2018(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, consisting of a directive amending the E-Commerce Directive and a proposal for a Regulation on ex-ante rules on large platforms with a gatekeeper role, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
Amendment 80 #
2020/2018(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
(a) Stresses the importance to address the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competition. For example, settling the costs of cross-border disputes, suppliers’ restrictions to selling cross- border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures, as well as ensuring that no new barriers are created;
Amendment 87 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;
Amendment 103 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 133 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;
Amendment 169 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms andincluding social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.
Amendment 182 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce protection of fundamental rights online;
Amendment 207 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be establishfraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;
Amendment 230 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and the identity of the business partners with whom they have a contractual commercial relationship,; business partners should be the ones in charge of notifying the service provider about any change in their business activity (for example, cessation of business activity) and to ensure that the information they provide is accurate and up-to-date;
Amendment 249 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 260 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannotshould be addressed by, among others, by clear transparency obligations and left to consumer choice aloneinformation requirements; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 276 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and when possible unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 285 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 296 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the importance of the use of data by digital platforms and that the accumulation of vast amounts of data by large technological enterprises creates imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market;
Amendment 344 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 373 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; stresses however, that the liability regime necessitates further clarification regarding active and passive hosting in the situation when intermediaries have control over data by selecting, using and modifying it in order to optimise or promote it;
Amendment 392 #
2020/2018(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; underlines that if one of the services provided by a platform can be considered a marketplace ("hybrid platforms"), the rules should fully apply to that part of the business; and asks the online marketplaces to enhance their cooperation by exchanging information on the seller of these products with the market surveillance and the custom authorities;
Amendment 454 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs, entrepreneurs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 461 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Believes that the ex-ante regulatory instrument should ensure fair trading conditions on all platforms, including possible additional requirements – for example, a list of obligations /prohibitions – for those that play a gatekeeper role;
Amendment 471 #
2020/2018(INL)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
(a) Believes that the root cause of the remaining unjustified obstacles in the digital single market stem from different regulatory choices at Union and at national level, imperfect or inadequate transposition, implementation and enforcement of Union legislation, insufficient administrative capacity and practices in Member States, as well as from protectionist measures carried out by Member States; calls on the Commission to address those causes in close cooperation with Member States;
Amendment 480 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with strong investigation and enforcement powers; stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement;
Amendment 507 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, includingand the improvement of users’ safety online;
Amendment 509 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1 a (new)
Annex I – part I – paragraph 1 a (new)
The Digital Services Act should contribute to the removal of the existing unjustified obstacles to the digital single market, which many times arise from protectionist measures by Member States, as well as ensuring that no new barriers are created;
Amendment 524 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – introductory part
Annex I – part I – paragraph 6 – indent 1 – introductory part
- a comprehensive revision of the E- Commerce Directive, in the form of a Directive, based on Articles 53(1), 62 and 114 TFEU, consisting of:;
Amendment 543 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument in the form of a Regulation, based on Article 114 TFEU, imposing ex-ante obligations on large platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.
Amendment 572 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “"new digital services”", such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, comparison tools, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 579 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 3
Annex I – part III – paragraph 1 – indent 3
Amendment 583 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content”", definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content; it is also necessary to clarify what falls under "harmful content" and "disinformation";
Amendment 590 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “"systemic operator”" by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a “"gatekeeper”" role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, accumulation of data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 618 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships, and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymo the possibility orf being an unidentified useronymous on the internet; the new general information requirements should review and further enhance Articles 5 and 10 of the E- Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 619 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.
Amendment 645 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; these transparency requirements should also empower advertisers vis-a-vis advertising services, when it comes to where and when ads are placed; more efforts are needed to make sure that illegal activities cannot be funded via advertising services;
Amendment 649 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;
Amendment 651 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;
Amendment 686 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.;
Amendment 741 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
Amendment 745 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
Amendment 751 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 763 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 1
Annex I – part V – subheading 2 – indent 1
- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider, where identifiable, should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.
Amendment 808 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act should propose specific rules for online market places for the online sale of products and provision of services to consumers.
Amendment 811 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 849 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;
Amendment 856 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an asymmetric ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “"systemic platforms”" in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies with a significant market position in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 862 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “"systemic platforms”", from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; data envelopment used to expand dominant position in adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 866 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
Annex I – part VII – paragraph 2 – indent 2 a (new)
- explore other ex-ante remedies that prevent the creation of new systemic platforms. In addition to reactive ex-ante mechanism, the Digital Services Act should envisage preventive mechanisms that prevent the creation of digital gatekeepers;
Amendment 873 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedimeasures should be impoaddressed ton all ”"systemic platforms”" without the need for a decision by a regulatory authority, such as prohibition for “"systemic platforms”" to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;
Amendment 875 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures and to impose finpenalties on “"systemic platforms”" that fail to respect the different regulatory obligations imposed on them;
Amendment 878 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 5 a (new)
Annex I – part VII – paragraph 2 – indent 5 a (new)
- ensure that users of "systemic platforms" will be able to effectively control results of algorithms suggesting them specific content; users should be properly informed of all the reasons why specific content is suggested to them;
Amendment 883 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- imposensure high levels of interoperability measures requiring “"systemic platforms”" to share appropriate tools, non-rivalrous data, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems and to empower users in deciding what kind of content they want to see. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.
Amendment 892 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 1 a (new)
Annex I – part VIII – paragraph 1 a (new)
However, additional efforts with clear actions are necessary in order to address remaining obstacles in the digital single market and protectionist practices, such as: settling the costs of cross-border disputes, suppliers’ restrictions to selling cross-border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures.
Amendment 6 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;
Amendment 7 #
2020/2016(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;
Amendment 15 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being, human capabilities and safety;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 34 #
2020/2016(INI)
Motion for a resolution
Recital C
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non-discriminatory, safe and transparent, and respect human autonomy and fundamental rightsnon-discriminatory, safe and transparent, and respect human autonomy and fundamental rights in order to be trustworthy, as described in the Ethics Guidelines of the High-Level Expert Group on Artificial Intelligence;
Amendment 39 #
2020/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union together with the Member States bear a critical responsibility for ensuring that policy choicedecisions surrounding the development, deployment and uslife-cycle of AI applications in the field of the judiciary and law enforcement are made in a transparent manner, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 48 #
2020/2016(INI)
Motion for a resolution
Recital F
Recital F
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;
Amendment 61 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;
Amendment 64 #
2020/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;
Amendment 74 #
2020/2016(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially even morery significant, and can result in exponentially greater levels of harm to both individuals and groups;
Amendment 83 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 112 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and of banning applications that would result in it; applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 137 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 141 #
2020/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UTakes note of the risks related to data leaks, data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by AI systems; underlines that security and safety aspects of AI systems used in law enforcement need to be carefully considered, and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on AI systems;
Amendment 148 #
2020/2016(INI)
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 157 #
2020/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that in judicial and law enforcement contexts, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and includeTakes the view that law enforcement and judicial authorities that make use of AI systems need to uphold high legal standards, in particular when analysing data; underlines the need to ensure human intervention and accountability throughout the different stages of decision-making, to assess both the quality of the data and the appropriateness of each decision taken on the basis of that information; considers that persons subject to these systems should be given the possibility of a recourse for a remedy;
Amendment 163 #
2020/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for algorithmic explainability and transparency as a necessary part of oversight in order to ensure that the development, deployment and use of AI systems for judiciary and law enforcement comply with fundamental rights, and are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion;
Amendment 167 #
2020/2016(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for traceability of AI systems that defines the capabilitiethe decision making process of AI systems within law enforcement and the judiciary which outlines the functions and limitations of the systems, and keeps track of where the defining attributes for a decision originate, for instance through compulsory documentation obligations;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 174 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 176 #
2020/2016(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluatean adequate institutional framework, including proper regulatory and supervisory oversight, to ensure proper implementation; calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context, purpose, accuracy, performance, and scale of algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 181 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology; shares the view that the use of remote biometric identification should always be considered “high risk” and therefore be subject to additional requirements;
Amendment 182 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratoriumStrongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the deployment of facial recognition systems for law enforcement, until the technical standardapplicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fully fundamental rights compliant, and that results derived are non-discriminatory, and there is public trust ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;
Amendment 190 #
2020/2016(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that predictive policing is among the AI applications used in the area of law enforcement; acknowledges that this can allow law enforcement to work more effectively and proactively, but warns that while predictive policing can analyse the necessary data sets for the identification of patterns and correlations, it cannot answer the question of causality and therefore cannot constitute the sole basis for an intervention;
Amendment 194 #
2020/2016(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater overall transparency from Member States, and for a comprehensive understanregarding of the use of AI applications in the Union, broken down by Member State law enforcement and judicial authority, the type of tool in use, the types of crime they are applied to, and the companies whose tools are being used; requests Member States to provide an overview of the tools used by their law enforcement and judicial authorities, the purposes for which they are used, and the names of the companies or organizations which have developed those tools;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 52 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need to thoroughly assess the effects or implications of AI applications in companies and in public administration in relation to workers, jobs and work flows; considers it indispensable as part of this assessment that workers and their representatives are consulted and, as part of the social dialogue, receive sufficient information before AI applications are put to use;
Amendment 75 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that it should be mandatory for users and consumers to receive all relevant information on the ethical aspects of AI applications so that they may make informed decisions; draws attention to breaches of privacy generated by AI for the purpose of discrimination;
Amendment 94 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need to ensure that productivity gains due to the development and use of AI and robotics do not only benefit company owners and shareholders, but also society at large, particularly older people, especially where such gains come at the expense of jobs;
Amendment 115 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for aStresses that data does not stop at national borders, and calls, therefore, for a European legislative framework on the ethical aspects of AI applications in the workplace, especially with regard to workers’ rights and working conditions;
Amendment 2 #
2020/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Professional Qualifications Directive facilitates the intra-EU labour mobility and the Services Directive realises the free movement of services, but the full potential of the single market for services and professionals can still be further improved and developed and the barriers for the free movement of services and professionals removed;
Amendment 8 #
2020/2007(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the COVID-19 crisis has caused an unprecedented economic crisis, and unlocking the full potential of the single market as well as enhancing the free movement of workers and services by making full use of the mutual recognition of professional qualifications and freedom to provide services under the Services Directive can facilitate the recovery process and put the economy back on track after the crisis;
Amendment 11 #
2020/2007(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas different regulatory choices at both the European and national level, imperfect and inadequate transposition of relevant directives, excessive requirements, lack of clear rules and fragmentation create the obstacles to fully benefit from the free movement of workers and services;
Amendment 13 #
2020/2007(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas in March 2020 the Commission has issued the Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak, which sets out the principles for an integrated approach to effective internal borders management to protect public health while preserving the integrity of the internal market;
Amendment 15 #
2020/2007(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the Council has adopted a recommendation on a coordinated approach to the restrictions of free movement in response to the COVID-19 pandemic, which aims at increasing the transparency and predictability of free movement across the EU for both citizens and enterprises;
Amendment 18 #
2020/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD; recalls that the aim of PQD is to facilitate the professionals to provide their services across Europe whilst guaranteeing an improved level of protection for consumers and citizens, which is particularly important during the pandemic crisis,
Amendment 21 #
2020/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. underlines the great importance of free movement of workers and services in overcoming the recession and increased unemployment rates caused by the COVID-19 pandemic, reiterates that further removal of the existing barriers within the single market is essential in order to fully benefit from its potential; regrets that the Recovery Plan proposed by the Commission lacks ambition when it comes to the movement of workers and services and fails to fully recognise its importance as a tool for economic recovery;
Amendment 41 #
2020/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; calls on the Commission to provide structured assistance and issue guidance to Member States on how to conduct ex-ante proportionality assessments of new national regulation of services according to the Proportionality Test Directive;
Amendment 45 #
2020/2007(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to reduce bureaucratic obstacles, and, as quickly as possible, make it possible to obtain electronically the documents needed for the cross-border provision of services as well as facilitate the cross- border activities of workers in regulated professions;
Amendment 48 #
2020/2007(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Takes into consideration that the harmonisation inspired by the Professional Qualifications Directive gained success within several professions; further proclaims that Member States should reconsider and coordinate rules governing entry and exercise requirements in relation to specific activities or professions;
Amendment 51 #
2020/2007(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses, that, according to the Single Market Scoreboard 2020, further improvements are needed to ensure the free movement of professionals, especially in the field of recognising professional qualifications;
Amendment 66 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the Commission to fully and effectively enforce existing rules; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
Amendment 68 #
2020/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages Member States to work together in order to guarantee the continuity of work of cross-border workers during the pandemic crisis, taking into account their specific situation and in order to preserve the free movement of services and workers in regulated professions within the internal market;
Amendment 71 #
2020/2007(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates that Member States should follow the Council Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic, adopted on 13th October 2020 in order to avoid any disruption in the internal market and free movement of workers and services;
Amendment 73 #
2020/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway where appropriate, to provide guidelines to help Member States streamline procedures, in particular for SMEs; calls and on the Member States to use such tools to provide workers, consumers and businesses with prompt, accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.
Amendment 78 #
2020/2007(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that cross-border health care services fall within the ambit of freedom to provide services as stated by the Court of Justice of the EU; notes that Cross-border Health Care Directive was adopted also on basis of Article 114 TFEU; regrets that Cross-border Health Care Directive creates additional obstacles to provision of cross-border health care services when compared to the case-law of the Court of Justice applying the Treaty provisions on free movement of services; underlines the necessity that these additional obstacles are removed, underlines that a better coordination and promotion of best practices between Member States and cross-border mobility of health professionals are beneficial and particularly important during the COVID- 19 pandemic;
Amendment 31 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the recovery efforts should boost jobs and growth, the resilience of our societies and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hardest hit by the crisis, particularly potentially vulnerable and disadvantaged groups, whose inclusion in the labour market must be supported and fostered; stresses that older people are among the most vulnerable groups, and that programmes to relieve their hardship should be given financial support;
Amendment 107 #
2020/0365(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Due to the increased cross-sectoral and cross-border interdependencies between critical infrastructures, an incident in one Member State can seriously affect activities in another Member State. In order to achieve a high level of resilience of critical infrastructures across the Union, essential services or essential infrastructure should be equally strongly protected and resilient in all Member States. National measures alone are therefore insufficient in addressing risks and situations of disruption of essential services or essential infrastructure.
Amendment 108 #
2020/0365(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Differences between national rules relating to the designation and oversight of critical infrastructures as well as differences in requirements may cause distortions of competition within the internal market. A European framework should therefore also have the effect of levelling the playing field for critical entities across the Union.
Amendment 109 #
2020/0365(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since it is not practical to expect full and continuous critical infrastructure protection , the aim of this Directive should be to make critical infrastructures resilient thereby furthering their capacity to ensure continuous provision of essential services or essential infrastructure or at least to swiftly restore performance after an incident has taken place. Operators of critical infrastructures delivering essential services across the internal market in various sectors necessary for vital societal functions and economic activities, should become resilient against a range of natural and man-made, intentional or unintentional, current and anticipated future risks. It is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities.
Amendment 128 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Without prejudice to Article 346 TFEU, information that is confidential pursuant to Union and national rules, such as rules on business confidentiality, shall be exchanged with the Commission and other relevant authorities only where that exchange is necessary for the application of this Directive. The information exchanged shall be limited to that which is relevant and proportionate to the purpose of that exchange. The exchange of information shall preserve the confidentiality of that information and protect the security and commercial interests of criticalthe entities concerned.
Amendment 146 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The European Commission may issue recommendations to Member States to identify specific essential services, infrastructures and the entities providing them and include them in their list of critical entities.
Amendment 163 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouringother Member States, on European level, and in third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 176 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The information provided has to be treated swiftly by the competent authorities in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 182 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
In so doing, the competent authorities and single points of contact shall, in accordance with Union law or national legislation that complies with Union law, treat the information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 129 #
2020/0353(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT,telecommunications and consumer equipment, such as mobile phones and tablets, printers and laptops, as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment.
Amendment 283 #
2020/0353(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end- users.
Amendment 7 #
2020/0322(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Health provisions of the Treaties are still largely under-used in terms of the purposes they could be used to achieve. The aim is therefore to ensure that this Regulation makes the best possible use of the legal bases on health set out in the Treaty, in order to manifest the European Union’s strong health policy while preserving the normal functioning of the single market during serious cross-border threats to health.
Amendment 13 #
2020/0322(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In light of the lessons learnt during the ongoing COVID-19 pandemic and in order to facilitate adequate Union-wide preparedness and response to all cross- border threats to health, the legal framework for epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, as set out in Decision No 1082/2013/EU, needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators, and cooperation by Member States with the European Centre for Disease Prevention and Control (ECDC). Moreover, in order to ensure effective Union response to novel cross- border threats to health, the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of EU reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. The capacity for contact tracing should be strengthened via the creation of an automated system, using modern technologies without prejudice to the protection of personal data.
Amendment 14 #
2020/0322(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply without prejudice to other binding measures concerning specific activities or quality and safety standards for certain goods, which provide for special obligations and tools for monitoring, early warning and combatting specific threats of a cross-border nature. Those measures include, in particular, relevant Union legislation in the area of common safety concerns in public health matters, covering goods such as pharmaceutical products, medical devices, personal protective equipment (PPE) and foodstuffs, substances of human origin (blood, tissues and cells, organs), and exposure to ionising radiation.
Amendment 22 #
2020/0322(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To this end, Member States should provide the Commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. Information provided by the Member States should include the elements that Member States are obliged to report to the World Health Organization (WHO) in the context of the International Health Regulations (IHR)15 . In turn, the Commission should report to the European Parliament and to the Council on the state of play and progress with preparedness, response planning and implementation at Union level, including on corrective actions, every 2 years to ensure that national preparedness and response plans are adequate. In order to support the assessment of these plans, EU audits in Member States should be conducted, in coordination with the ECDC and Union agencies. Such planning should include in particular adequate preparedness of critical sectors of society, such as energy, transport, communication or civil protection, which rely, in a crisis situation, on well-prepared gender-sensitive public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. In the event of a serious cross-border threat to health originating from a zoonotic infection, it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning. __________________ 15World Health Organization. International Health Regulation (IHR, 2005) https://www.who.int/ihr/publications/9789 241596664/en/
Amendment 33 #
2020/0322(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . The European Commission shall pay special attention to ensure that joint procurement of medical countermeasures within the meaning of Article 12, also includes procurement of orphan drugs. __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 37 #
2020/0322(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to achieve transparency, the Commission shall provide to the European Parliament complete, timely and accurate information on the ongoing negotiations and give an access to the tender documents for the purposes of carrying out the procedure referred to in Article 12 of this Regulation.
Amendment 57 #
2020/0322(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) This Regulation ensures coordinated action at European Union’s level, in order to avoid the closure of internal borders and the paralysis of the internal market, which could threaten the circulation of basic supplies, including medicines, medical products and personal protective equipment (PPE). It is therefore necessary to ensure the correct implementation of European law in the field of export restrictions through a permanent notification mechanism.
Amendment 59 #
2020/0322(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The European Commission shall ensure that, at the time of the declaration of a state of emergency, the number of accommodation facilities in hospitals in the Member States as well as the number of available accommodation units in intensive care units in the Member States are known, for the purpose of cross- border movement of patients.
Amendment 61 #
2020/0322(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Inconsistent communication with the public and stakeholders such as healthcare professionals can have a negative impact on the effectiveness of the response from a public health perspective as well as on, encourage the dissemination of false information but also negatively affect economic operators. The coordination of the response within the HSC, assisted by relevant subgroups, should, therefore, encompass rapid information exchange concerning communication messages and strategies and addressing communication challenges with a view to coordinating risk and crisis communication, based on robust and independent evaluation of public health risks, to be adapted to national needs and circumstances. Such exchanges of information are intended to facilitate the monitoring of the clarity and coherence of messages to the public and to healthcare professionals. Given the cross-sectoral nature of this type of crises, coordination should also be ensured with other relevant constituencies, such as the Union Civil Protection Mechanism established by Decision (EU) 2019/420 of the European Parliament and of the Council17 . __________________ 17Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (OJ L 77I , 20.3.2019, p. 1).
Amendment 66 #
2020/0322(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The occurrence of an event that corresponds to serious cross-border threats to health and is likely to have Union-wide consequences should require the Member States concerned to take particular control or contact-tracing measures in a coordinated manner in order to identify people already contaminated and those persons exposed to risk. The Commission shall ensure the secure processing of such data and shall ensure that they are treated in accordance with the personal data protection. Such cooperation could require the exchange of personal data through the system, including sensitive information related to health and information about confirmed or suspected human cases of the disease, between those Member States directly involved in the contact-tracing measures. The exchange of personal data concerning health by the Member States has to comply with Article 9(2)(i) of Regulation (EU) 2016/679 of the European Parliament and of the Council18 . __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 81 #
2020/0322(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘medical countermeasure’ means medicinal products for human use and medical devices as defined in Directive 2001/83/EC of the European Parliament and of the Council23 and in Regulation (EU) 2017/745 of the European Parliament and of the Council24 or other goods or services for the for the purpose of preparedness and response to a serious cross-border threat to health among which especially drugs for the treatment of orphan diseases. __________________ 23 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 24Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Amendment 82 #
2020/0322(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘green lines’ means passable and safe passage transit corridors that in case of declared public health emergency at Union level allows Member States to preserve the free circulation of essential goods and medical countermeasures.
Amendment 83 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Health Security Committee (‘HSC’) is hereby established. It shall be composed of representatives of all the Member States, in two working formations:
Amendment 84 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) adoption of opinions and guidance, including on specific response measures for the Member States for the prevention and control of serious cross-border threats to health while taking into account the proper functioning of the single market.
Amendment 86 #
2020/0322(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point c a (new)
Article 4 – paragraph 6 – point c a (new)
(ca) remote digital working in situations when the HSC cannot physically meet for justified reasons.
Amendment 95 #
2020/0322(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The Union preparedness and response plan also provides for measures to ensure the normal functioning of the single market during serious cross-border threat to health.
Amendment 100 #
2020/0322(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point ii
Article 7 – paragraph 1 – subparagraph 1 – point b – point ii
(ii) capacities: including assessments of risks and capacities to determine priorities for emergency preparedness; surveillance and early warning, information management; access to diagnostic services during emergencies; basic and safe gender- sensitive health and emergency services; risk communications; research development and evaluations to inform and accelerate emergency preparedness;
Amendment 145 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In accordance with the principle of transparency, the Commission shall regularly inform the European Parliament on the negotiations and other details of the joint procurement of medical countermeasures.
Amendment 147 #
2020/0322(COD)
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
3b. The European Parliament reserves at all times the right to inspect the uncensored content of all contracts concluded in proceedings under this Article.
Amendment 159 #
2020/0322(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States are responsible for ensuring that the integrated surveillance system is fed on a regular basis with timely and, complete and accurate information, data and documents transmitted and exchanged through the digital platform.
Amendment 165 #
2020/0322(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
Article 22 – paragraph 2 – point c a (new)
(ca) take into account the need for the normal functioning of the single market, in particular the existence of green lines for free circulation of food and other medical countermeasures.
Amendment 166 #
2020/0322(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) activation of support from the ECDC as referred to in Regulation (EU) …/… [OJ: Please insert the number of Regulation ECDC [ISC/2020/12527]] to mobilise and deploy the EU Health Task Force. and in particular the establishment of a list of accommodation facilities in intensive care units in the Member States for the purpose of potential cross-border relocation of patients;
Amendment 167 #
2020/0322(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
Article 25 – paragraph 1 – point c a (new)
(ca) green lines under Article 25a of this Regulation.
Amendment 169 #
2020/0322(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Free movement of goods and services 1. After recognising a public health emergency under Article 23 of this Regulation, green lines shall be set up to allow the free movement of food and medical countermeasures within the internal market. The Commission is empowered to adopt delegated acts to supplement this Regulation with provisions on the establishment of the green lines referred to in the first subparagraph of paragraph 1. 2. Only on condition that the Commission grants prior authorisation Member States may, in accordance with Article 36 of TFEU, impose export restrictions on medical countermeasures concerning another Member State or Member States during a public health emergency at Union level. Upon receiving a request for prior authorisation referred to in the first subparagraph of paragraph 2 from a Member State, the Commission shall decide whether to grant it without delay. If within five days the Commission has not granted the prior authorisation in question, it shall be deemed granted.
Amendment 171 #
2020/0322(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
By 2025 and every 5 years thereafter the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament and the Council. The evaluation shall be conducted in accordance with the Commission’s better regulation guidelines. The evaluation shall include, in particular, an assessment of the operation of the EWRS and the epidemiological surveillance network, as well as the coordination of the response with the HSC and the impact of the Regulation on the proper functioning of the single market during serious cross-border threats to health.
Amendment 135 #
2020/0310(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection, while preserving competences of the Member States and respecting the principle of subsidiarity, contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.
Amendment 154 #
2020/0310(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage reduces discrimination against people with disabilities and contributes to respecting the needs of all generations, contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty.
Amendment 205 #
2020/0310(COD)
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have been eroding during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to the increase of atypical and new forms of work.
Amendment 211 #
2020/0310(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 217 #
2020/0310(COD)
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure both that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 299 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 334 #
2020/0310(COD)
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages, also in formats accessible to people with different types of disabilities, to ensure an adequate degree of transparency and predictability as regards their working conditions.
Amendment 343 #
2020/0310(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-respect of collective agreements providing for minimum wage protection in a given sector may indeed occur in the execution of such contracts or in the sub- contracting chain thereafter, resulting in workers being paid less than the wage level agreed in the sectoral collective agreements. To prevent such situations, economic operators have to apply to their workers the wages set by collective agreements for the relevant sector and geographical area in order to abide by applicable obligations in the field of labour law, in accordance with Articles 18(2) and 71(1) of Directive 2014/24/EU of the European Parliament and the Council on public procurement40 , Articles 36(2) and 88(1) of Directive 2014/25/EU of the European Parliament and the Council41 on procurement by entities operating in the water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council42 on the award of concession contracts. __________________ 40Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 42Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1).
Amendment 380 #
2020/0310(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invitobliged to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionately affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirements.
Amendment 384 #
2020/0310(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The Technical Support Instrument43 and the European Social Fund plus44 are available to Member States and enterprises, especially to SMEs, to develop or improve the technical aspects of minimum wage frameworks, including on assessment of adequacy, monitoring and data collection, broadening access, as well as on enforcement and on general capacity building related to the implementation of said frameworks. __________________ 43Proposal for a Regulation of the European Parliament and of the Council of 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) 409 final 44Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund Plus, COM/2018/382 final.
Amendment 387 #
2020/0310(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) The European Commission and the Member States should make every effort to ensure that the implementation of this Directive does not have negative consequences in terms of increased bogus self-employment, atypical contracts or undeclared work. Information on the impact of this Directive on these aspects should be included in the review report on its implementation.
Amendment 410 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) prohibiting any activity that violates the right of employees to join workers' organizations and ensuring that all employees have adequate access to information about their rights, including in formats accessible to people with various types of disabilities.
Amendment 531 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them and respecting existing legislation and traditions and practices in this field , and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.
Amendment 556 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy, taking into account local specificities and in such a way that they do not disturb the economic balance and competitiveness, with the aim to achieve decent working and living conditions, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
Amendment 617 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 673 #
2020/0310(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may allow different rates of statutory minimum wage for specific groups of workers only in exceptional cases. Such a differentiation must be objectively and reasonably justified by a legitimate aim. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.
Amendment 750 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages is made publicly available in a clear, comprehensive and easily accessible way also in formats accessible to people with different types of disabilities.
Amendment 764 #
2020/0310(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by relevant collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 771 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages. These tools should be designed in a way that will not impose excessive administrative burden on employers, especially in the SME sector and on micro-entrepreneurs.
Amendment 831 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible, also in formats accessible to people with different types of disabilities.
Amendment 130 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 203 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans. The transfer of money from the ERDF and the ESF+ to the JTF resources has to be excluded.
Amendment 373 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ resources to the JTF has to be excluded.
Amendment 5 #
2019/2975(RSP)
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union, particularly to Articles 3, 15, 20, 21, 23, 25, 26 and 2647 thereof,
Amendment 25 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administration,
Amendment 28 #
2019/2975(RSP)
Citation 5 a (new)
- having regard to the General Comments of the UN Convention on the Rights of Persons with Disabilities, as the authoritative guidance on the implementation of the UN CRPD,
Amendment 42 #
2019/2975(RSP)
Citation 20 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of disabled women,
Amendment 47 #
2019/2975(RSP)
Citation 21 a (new)
- having regard to the study of the European Parliament Policy Department C of 2016 on European Structural and Investent Funds and people with disabilities in the European Union,
Amendment 48 #
2019/2975(RSP)
Citation 22
— having regard to the Annual Report 2018 of the European Ombudsman, and specifically her strategic inquiries into how the European Commission ensures that disabled people can access its websites (OI/6/2017/EA), how the European Commission treats disabled people under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA), and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 59 #
2019/2975(RSP)
Citation 28 a (new)
- having regard to the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provision on the European Structural and Investments Funds, particularly to articles 4, 6 and 7 12
Amendment 74 #
2019/2975(RSP)
Recital A
A. whereas, as full citizens, all persons with disabilitiedisabled persons have equal rights in all fields of life and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society;
Amendment 88 #
2019/2975(RSP)
Recital F a (new)
Amendment 93 #
2019/2975(RSP)
Recital F b (new)
F b. whereas article 19 of the UN CRPD states that "States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community";
Amendment 109 #
2019/2975(RSP)
Recital G a (new)
G a. whereas a considerable proportion of the four million people experiencing homelessness every year have disability, having been largely overlooked as a target group of the UNCRPD and the EU Disability Strategy;
Amendment 158 #
2019/2975(RSP)
Paragraph 2 – introductory part
2. Calls on the Commission to proposepare a comprehensive, ambitious and long-term post-2020 European Disability Strategy (the post-2020 Strategy)
Amendment 168 #
Amendment 175 #
2019/2975(RSP)
Paragraph 2 – indent 4
- reflecting the diversity of persons with disabilitiesdisabled people,
Amendment 177 #
2019/2975(RSP)
Paragraph 2 – indent 4 a (new)
- reflecting the guidance and interpretation of the UNCRPD given by the General Comments of the UNCRPD Committee, including definitions of the key terms,
Amendment 180 #
2019/2975(RSP)
Paragraph 2 – indent 5
- mainstreaming the rights of the children with disabilities into all areas, disabled elders, women and children into all areas; regarding children making sure that the educational institutions are fully inclusive and there will be measures against the Member States that fail to fully include them in their educational systems,
Amendment 196 #
2019/2975(RSP)
Paragraph 2 – indent 5 a (new)
Amendment 200 #
2019/2975(RSP)
Paragraph 2 – indent 5 b (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face, and in particular the challenges faced by women, girls, children, older and LGBTI disabled people, as well as persons from racial and ethnic minorities.
Amendment 202 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- setting new rules for the European Union Aviation Safety Agency (EASA) and the International Air Transport Association (IATA) in order to protect the rights of the disabled passengers concerning the safety of the integrity of both their body and equipment when transferred, and the recognition of the need for extra seats in cases of a personal assistant or laying,
Amendment 203 #
2019/2975(RSP)
Paragraph 2 – indent 5 c (new)
- regarding the accessibility of buildings, transportation and media;
Amendment 205 #
2019/2975(RSP)
Paragraph 2 – indent 6 a (new)
- by creating mechanisms for the coordination of portability and adaptability of benefits and services for the disabled people between Member States inside the EU;
Amendment 235 #
2019/2975(RSP)
Paragraph 3
3. Stresses that the post -2020 Strategy should be based on a cross-cutting, comprehensive review of all EU legislation and policy in order to ensure full harmonisation with the provisions of the UNCRPD; insists that it should include a revised declaration of competences including all policy areas in which the EU has legislated or adopted soft law measures that have an impact on persons with disabilitiesdisabled people;
Amendment 253 #
2019/2975(RSP)
Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilitiesdisabled people and of their representative organisations, and to ensure their accessible and meaningful participation in the implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
Amendment 274 #
2019/2975(RSP)
Paragraph 6
6. Stresses the need for continuous monitoring of the implementation of the UNCRPD; calls for the collection of robust, disaggregated, comparable data on the situation of persons with disabilities to facilitate proper monitoring of progress; urges the Commission to provide adequate resources to the EU CRPD Framework to enable it to perform its functions independently and adequately;For that purpose, calls for:
Amendment 282 #
2019/2975(RSP)
Paragraph 6 – indent 1 (new)
- the collection of robust, disaggregated, comparable data on the situation of disabled people to facilitate proper monitoring of progress,
Amendment 284 #
2019/2975(RSP)
Draft motion for a resolution
Paragraph 6 – indent 2 (new)
Paragraph 6 – indent 2 (new)
- adequate resources to the EU CRPD Framework to enable it to perform its functions independently and adequately,
Amendment 285 #
2019/2975(RSP)
Paragraph 6 – indent 3 (new)
- a flexible mechanism that can provide incentives for the optimal implementation of the CRPD. To that extent, commends initiatives like the Access City Awards and calls for relevant initiatives on the national level;
Amendment 300 #
2019/2975(RSP)
Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilitiesdisabled people in all the relevant EU laws, policies and programmes;
Amendment 318 #
2019/2975(RSP)
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds, in a specific time period of five years, will not contribute to the construction or refurbishment of institutional care settings or any other kind of settings that could easily turn into an institution;
Amendment 327 #
2019/2975(RSP)
Paragraph 8 a (new)
8 a. Calls on the Commission to examine the possibility of legislative and non-legislative proposals regarding the Independent Living strategy that reflects the European Way of Life for the disabled people, by mainstreaming best practices - concerning Independent Living and Personal Assistance, - regarding the assistance for starting a family, - in the field of employment, - in removing all barriers (physical, intellectual, psychological, financial), that prevent disabled people from accessing quality and affordable healthcare services, and provide information in accessible formats, especially for people with lifelong disabilities, - in familiarising disabled and non- disabled people with the social model of disability and combating all stereotypes, like in the area of sexuality, through the development of campaigns and cooperation with the creative industries;
Amendment 364 #
2019/2975(RSP)
Paragraph 9
9. Calls on the Commission to develop a comprehensive campaign in accessible format to raise awareness of the UN CRPD among the persons with disabilitiesdisabled people and the society in general, and promote, coordinate and create educational material that can be used by the national systems;
Amendment 371 #
2019/2975(RSP)
Paragraph 9 a (new)
9 a. Calls on the Commission to ensure the EU Disability Strategy post-2020 includes the end of acts of gender-based violence, such as forced sterilisation and forced institutionalisation;
Amendment 381 #
2019/2975(RSP)
Paragraph 9 c (new)
9 c. Calls on the Commission to create, in cooperation with the private sector, one portal that collects all the instruments provided for the optimal social participation of disabled people,
Amendment 387 #
2019/2975(RSP)
Paragraph 10
10. Calls on the Member States to re- affirm their commitment to promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, including the right to free movement and residence, by all disabled people, and to promoting respect for their inherent dignity also by implementing the post-2020 Strategy and to allocate adequate human and financial resources to its implementation;
Amendment 395 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the Commission to ensure that the post-2020 Strategy will specially promote guaranteed access to employment, trainings, inclusive education, to affordable quality healthcare services, to digital services, to sport activities for disabled people;
Amendment 424 #
2019/2975(RSP)
Paragraph 11
11. Calls on the European Commission and all Member States to ratify the Optional Protocol of the UNCRPD;
Amendment 429 #
2019/2975(RSP)
Paragraph 11 a (new)
11 a. Calls on the Commission and the Member States to promote the term 'disabled people' rather than persons with disabilities and replace it in official documents and websites;
Amendment 446 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on the Member States to grant voting rights to every disabled person regardless of intelligence impairments or their ability capacity and facilitate them in the voting process;
Amendment 38 #
2019/2212(INI)
Motion for a resolution
Recital D
Recital D
D. whereas labour shortages have reached critical levels in some Member States and pose a barrier to further economic growth; whereas we face a worrying brain drain challenge in some Member States;
Amendment 147 #
2019/2212(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned that rates of unemployment and long-term unemployment are still high in some Member States; calls for a new financial instrumenton the Commission to tackle long-term unemployment by providingenhancing all available financial support for measures and projects in regions with above-average long-term unemployment;
Amendment 158 #
2019/2212(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the limited intergenerational social mobility and increased income inequality compared to pre-crisis levels; calls on the Commission and the Member States to tackle income inequalities; stresses that tax and benefit systems must be designed in a way to reduce inequalities and promote fairness;
Amendment 178 #
2019/2212(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission consultation on a European framework for minimum wages; calls for adequate minimum wage levelsframework through collective agreements or through law, in line with national traditions; calls for a coordinated approach at EU level in order to achieve real wage growth, avoid the downward spiral of unhealthy labour cost competition and increase upward social convergence for all; calls on the Commission and the Member States to strengthen collective bargaining coverage at sectorial level and the involvement of social partners in policy-making, including for the European Semester;
Amendment 214 #
2019/2212(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to present a framework directive on decenton minimum income schemes in order to provide a social protection floor;
Amendment 44 #
2019/2188(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women in EU-27 earn 15% less than men on average8; whereas the average gender employment gap stands at 11,5% with women more affected by flexible work forms, atypical and flexible contracts (part-time work, temporary work); __________________ 8 https://www.europarl.europa.eu/news/en/he adlines/society/20200227STO73519/gende r-pay-gap-in-europe-facts-and-figures- infographic
Amendment 62 #
2019/2188(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas research8a shows that the amount a household receives from a minimum wage tends to be sufficient to protect a single adult against the risk of poverty, but it is often not sufficient to support more than one person; __________________ 8aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 114 #
2019/2188(INI)
Motion for a resolution
Recital K
Recital K
K. whereas coverage is declining in OECD countries, and in at least 14 EU Member States one in every two employees works without a wage agreement; whereas only seven Member States have a collective bargaining coverage rate above 80%16 ; whereas the decline was most rapid in those countries where collective bargaining was the target of structural reforms16a; __________________ 16OECD, Visser(2016) ICTWSS Database.https://www.etuc.org/en/docume nt/etuc-reply-first-phase-consultation- social-partners-under-article-154-tfeu- possible-action, p. 6, no 15. 16aEurofound (2020 forthcoming), Industrial Relations Flagship report.
Amendment 125 #
2019/2188(INI)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas the contraction of employment during the previous crisis created a dramatic increase in the number of involuntary part-time workers who are most likely to work in basic or lower-level service occupations and sectors and who have amongst the highest in-work poverty risk-levels17a; __________________ 17aEurofound (2017), In-work poverty in the European Union. https://www.eurofound.europa.eu/publicat ions/report/2017/in-work-poverty-in-the- eu
Amendment 143 #
2019/2188(INI)
Motion for a resolution
Recital O
Recital O
O. whereas minimum wage systems vary widely in size, scope and coverage across Member States; whereas the minimum wage is consistently above the defined poverty threshold (60% gross median) in only three Member States and does not consistently provide protection against poverty in other and minimum wages vary widely in terms of their absolute and relative level versus median national wages; whereas minimum wage workers are more likely to have difficulties to make ends meet than other workers; whereas seven out of ten in the EU report at least ‘some’ difficulties (versus five out of ten for other workers) with large difference between EU Member States19a; whereas moreover, in some sectors, groups of workers and selected forms of work are sometimes not included or covered by minimum wage arrangements; __________________ 19aEurofound (2020), Minimum wages in 2020: Annual review. https://www.eurofound.europa.eu/publicat ions/report/2020/minimum-wages-in- 2020-annual-review
Amendment 174 #
2019/2188(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the COVID-19 pandemic will have significant social and economic consequences, which will have a direct impact in terms of increasing poverty, especially among the most vulnerable groups in society, as its effects will be felt most keenly by workers in precarious positions such as temporary workers, seasonal workers, platform workers, etc. as well as in various economic sectors which will be impacted through job losses, wage and/or working time reduction during and after the pandemic; whereas 16% of workers in the EU consider that they are likely to lose their job in the near future and 40% of workers say their financial situation is now worse than before the pandemic20a; __________________ 20aEurofound (2020), Living, working and COVID-19dataset, Dublin, http://eurofound.link/covid19data
Amendment 194 #
2019/2188(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in-work poverty needs to be addressed at its root causes, such as but not limited to education and training; calls on the Commission to urge Member States to invest in qualitative education and training, to share good practices and to have specific attention for life-long learning;
Amendment 204 #
2019/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the axiom that ‘work is the best remedy for poverty’ no longer applies today in the face of low- wage sectors, atypical and precarious working conditions and the dismantling of social security systems and that a poverty- free life can only be secured by effective collective agreements and minimum wage systems are needed to realise a poverty- free society;
Amendment 406 #
2019/2188(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for measures/actions to be taken to avoid a renewed increase in involuntary part-time employment as a result of Covid-19;
Amendment 437 #
2019/2188(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in new sustainable jobs, future-oriented infrastructure, digital change and ‘green transition’.;
Amendment 193 #
2019/2187(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure that exceptional measures to prevent homelessness and protect homeless people in the context of the COVID-19 crisis are maintained as long as needed and are followed up with adequate and permanent solutions; calls on the Commission, as part of measures to prevent the spread of the COVID-19 virus, to assist the Member States in accommodating seasonal workers with available European funds;
Amendment 206 #
2019/2187(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a comprehensive and integrated anti-poverty strategy with a designated poverty reduction target, including for child poverty; calls for a European framework for minimum income schemes;
Amendment 264 #
2019/2187(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of housing affordability in the European Semester; urges the Commission to ensure that all country-specific recommendations contribute positively to the implementation of the principles of the EPSR; stresses the need to refine the House Price Index indicator and to set the reference threshold for the housing cost overburden rate at no higher than 25%one third of the disposable income of a household;
Amendment 6 #
2019/2182(INL)
Draft opinion
Recital A
Recital A
A. whereas despite the European-level ban on its use, asbestos remains the mainoccupational asbestos exposure is the number one cause of deamesoth elinked to occupational diseasesoma cancer, and whereas it also affects individuals outside the working environment through a continuous increase in cancers and mesothelioma linked to passive, limited exposure;
Amendment 8 #
2019/2182(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas Regulation (EU) 1907/2006 specified that the manufacture, selling and use of asbestos fibres and products containing these fibres added intentionally is prohibited and whereas Regulation (EU) 2016/1005 amending Annex XVII to REACH regulation aims ensuring the complete phase out of asbestos products in Member States by 1 July 2025;
Amendment 12 #
2019/2182(INL)
Draft opinion
Recital B
Recital B
B. whereas the past extensive use of asbestos in construction can still poses a threat to building users and occupants when it is friable, which leads to the release of dust or fibres into the air where they can be inhaled or ingested by people ;
Amendment 17 #
2019/2182(INL)
Draft opinion
Recital C
Recital C
C. whereas Parliament1 and the social partners2 have recognised the usefulness of public registers of asbestos presence and technical certificates as have been introduced in several EU countries; __________________ 1 European Parliament resolution of 14 March 2013 on asbestos-related occupational health risks andsome Member States have developed registers of buildings containing asbestos; whereas this is a good starting point for exploring the prospects for abolishing all existing asbestos (OJ C 36, 29.1.2016, p. 102). 2Opinion of the European Economic and Social Committee of 18 February 2015 on ‘Freeing the EU from asbestos’ (OJ C 251, 31.7.2015 , p. 13 ).sibility of introducing such a requirement in all Member States;
Amendment 24 #
2019/2182(INL)
Draft opinion
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls on the Commission to bring forwardconsequently bring forward an initiative on the bases of the impact assessment, which could include, on the basis of Article 169(3) and Article 114(1) of the Treaty on the Functioning of the European Union, a legislative proposal introducing mandatory screening for the presence of asbestos in buildings before their sale or rental and laying down minimum requirements for locating and identifying all materials containing asbestos infor minimum requirements for screening of buildings constructed before 2005, or the year in which the national ban on asbestos was introduced, under the following condition for the presence of asbestos before their sale or rental taking into consideration the following elements:
Amendment 29 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. the screening shall consists of a diagnosis of the presence of asbestos and mustshould be followed by action proposal for actions to be undertaken in order to reduce the risk posed by anydetected asbestos detected;
Amendment 33 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. the screening shallcould be validated by an asbestos risk certificate detailing the areas screened and, where appropriate, theproposed action takens to reduce the risk posed by asbestos;
Amendment 37 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
c. the result of the screening mustshould be communicated to a competent national body, which shall maintain a national register of possible asbestos risk reduction certificates and provide advice to owners;
Amendment 42 #
2019/2182(INL)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. when applicable, the certificate shall be forwarded to the buyer before any sale, and made available to the lessor, as well as on request to professionals carrying out work in the building or to occupants/users.
Amendment 48 #
2019/2182(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to carry out an impact assessment addressing such issues as the best and most efficient methods for screen buildings for presence of asbestos, and methods to remove asbestos from buildings, taking into consideration the following aspects: – removal costs and possible influence on selling price of buildings (the mandatory training for workers, the use of the most up to date technologies, relocation of inhabitants in surroundings during dusty works) – minor works exemption; – adequate financial support for owners of buildings, including abandoned buildings, engaging in asbestos identification and removal;
Amendment 57 #
2019/2182(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission and Member States to take action in order to raise awareness about asbestos in buildings constructed before 2005, or the year in which the national ban on asbestos was introduced, and about a legal procedure for asbestos removal with regard to the inhabitants and proprietors perspective;
Amendment 62 #
2019/2182(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that special attention has to be paid to the abandoned buildings and facilities that may as well contain asbestos and calls on the Commission and Member States to find a viable solution for their inclusion in national registers of asbestos.
Amendment 187 #
2019/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the crucial climate benefits of forests and the forest-based sector; highlights the need to increase CO2 sequestration in forests to a level which enables sustainable management of all forest functions, carbon storage in wood- based products and the substitution of fossil-based materials and energy;
Amendment 241 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without multifunctional, healthy and sustainably managed forests and viable industries; encourages, in addition, actions to increase forest cover in those Member States where forest cover is low, and in other Member States the preservation of forest cover in areas with accentuated ecological functions;
Amendment 336 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example by adapting forest management, through research and innovation and by offering better support mechanisms for affected areas and properties so they can be restored;
Amendment 360 #
2019/2157(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need to promote and strengthen close-to-nature forest management, which is based on the stewardship of forests, ensuring their preservation, increasing the diversity of native plant and animal species and establishing a biotic equilibrium (e.g. the good practice of the Slovenian Forestry School), but notes that this forest management method also requires financial incentives;
Amendment 34 #
2018/2167(DEC)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Still strongly regrets that, accordingRegrets that, despite repeated calls from the European Parliament for establishing a single seat, and the fact that citizens of the Union do not understand why the European Parliament should divide its activities over two the Court,seats, so far the European Council did not even commence a discussion on how to meet Parliament´s requests in this respect; recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament amount to EUR 114 million per yearto be EUR 114 million per year; notes, furthermore, the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by that dispersion; reiterates its call on the Council to develop a comprehensive strategy in order to agree on a single seat for Parliament; takes note of the additional costs linked to Parliament’s 12 journeys per year to Strasburg, which can be broken down as follows for 2017: _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 37 #
2018/2167(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that the creation of an institute dedicated to the education of future European diplomats within the EEAS could be an example to repurpose the premises of the European Parliament in Strasbourg to house this diplomatic institute;
Amendment 100 #
2018/2120(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that micro-enterprises and small and medium-sized enterprises (MSMEs) are important for sustainable and inclusive development and, economic growth and new job creation; calls on the Commission and the Member States to give greater consideration to the interests of MSMEs in the policymaking process;
Amendment 111 #
2018/2120(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that increasing life expectancy requires the adaptation of pension systems, and in some Member States the implementation of appropriate reforms, in order to ensure sustainable and adequate pensions;
Amendment 154 #
2018/2046(BUD)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines; _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 263 #
2018/2007(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to establish a legally binding labelling system for personal bank accounts, investment funds, insurance, and financial products indicating their level of conformity with the Paris Agreement and ESG goals;
Amendment 271 #
2018/2007(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Intends to further clarify the mandate of the ESAs so that it includes ESG risks; calls on ESMA to update its ‘suitability’ guidelines to include ESG issues and on the three ESAs to introduce a monitoring system to assess material ESG risks beginning in 2018 and with a forward-looking climate scenario analysis; favours the extension of the ESAs’ mandate to include checking portfolio alignment with the Paris Agreement and to ensure consistency with the TCFD recommendations;
Amendment 29 #
2018/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market. Compliance with Union rules on the competition is not only a legal requirement in Member States but essential for the very functioning of the internal market.
Amendment 34 #
2018/0231(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well-functioning internal market in the most cost-efficient manner. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines. The programme should also include new initiatives which aim to improve the functioning of the internal market and its development.
Amendment 36 #
2018/0231(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The development, production and dissemination of European statistics are subject to a separate European Statistical Programme established by Regulation (EU) No 99/2013 of the European Parliament and of the Council47 . In order to provide continuity of producing and disseminating European statistics, the new programme should also include activities covered by the European Statistical Programme by providing a framework for the development, production, application and dissemination of European statistics. The new programme should establish the financial framework for European statistics to provide high-quality, comparable and reliable statistics on Europe in order to underpin the design, implementation, monitoring and evaluation of all Union policies. _________________ 47 Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (OJ L 39, 9.2.2013, p 12).
Amendment 42 #
2018/0231(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As consumer markets know no borders with the development of online trade and travel services and with the development of the digital market, it is important to ensure that consumers residing in the Union can benefit from adequate protection when importing goods and services from economic operators based in third countries. The Programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the Union where necessary.
Amendment 50 #
2018/0231(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Considering that the internal market as set out in Article 3 of the Treaty on European Union includes a system ensuring that competition is not distorted, the Programme should support the Union’s competition policy, networks and cooperation with national authorities and courts, as well as outreach to a wider group of stakeholders inincluding by way of strengthening international cooperation as well as communicating and explaining the rights, benefits and obligations of Union competition policy. This should contribute to ensuring fair competition and a level playing field, also at international level, and empowering businesses, in particular SMEs, and consumers in order to reap the benefits of the Single Market;
Amendment 54 #
2018/0231(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Programme in particular needs to tackle the radical implications for competition and the functioning of the internal market resulting from the ongoing transformation of the economy and business environment, in particular through the exponential growth and use of data, taking account of the increasing recourse to artificial intelligence and other IT tools and expertise by companies and their advisors. It is also essential that the Programme supports networks and cooperation with Member State authorities and courts, considering that undistorted competition and the functioning of the internal market depend critically on action by those entities. In view of the particular role of competition policy in preventing harm to the internal market resulting from anticompetitive conduct beyond the Union’s border, the Programme should also support cooperation with third country authorities, as appropriate. Finally, widening outreach activities is necessary in order to allow more citizens and businesses to reap the full benefits of fair competition in the internal market. Given that a number of initiatives in the Programme are new and that the competition part of the Programme is particularly affected by dynamic developments in the conditions of competition in the internal market, notably relating development of the digital market to Artificial Intelligence, algorithms, big data, cybersecurity and forensic technology, the pace and magnitude of which are difficult to estimate, it is anticipated that flexibility will be required to face the evolving needs under this part of the Programme.
Amendment 61 #
2018/0231(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Programme should provide effective support for SMEs throughout their life-cycle. It should build on the unique knowledge and expertise developed with regard to SMEs and industrial sectors and on a long experience in working with European, national and regional stakeholders. This support should build on the successful experience of the Enterprise Europe Network as a one-stop-shop to improve SMEs competitiveness and knowledge and develop their business in the Single Market and beyond. The Network plans to continue delivering services on behalf of other Union programmes, notably for the Horizon2020 programme, using the financial resources of these programmes. Also the mentoring scheme for new entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents. The Programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other Union initiatives where relevant.
Amendment 68 #
2018/0231(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Citizens are particularly affected by the functioning of financial services markets. These are a key component of the internal market and require a solid framework for regulation and supervision which ensures not only financial stability and a sustainable economy, but also provides a high level of protection to consumers and other financial services end users, including retail investors, savers, insurance policyholders, pension fund members and beneficiaries, individual shareholders, borrowers and SMEs. It is important toThe Programme should enhance their capacity to participate in policy making for the financial sector.
Amendment 108 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. In relation to expenditure in support of competition policy, and in particular to activities covered by the Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market, the Commission shall include in its annual report an overview of implemented actions under this Programme to be transmitted to the European Parliament and to the Council.
Amendment 37 #
2018/0213(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The economic and financial crisis has shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The implementation of structural reforms is among the Union’s policy priorities because such reforms seek to set the recovery on a sustainable path, unlock the growth potential, strengthen the adjustment capacity and support the process of upward convergence. Pursuing structural reforms canshould also contribute to strengthening economic and social cohesion, boosting productivity and investment and creating good conditions for sustainable growth, job creation and preservation and enhancing social inclusion and employment in the Union.
Amendment 41 #
2018/0213(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The degree of implementation of structural reforms in the Member States is still not sufficient across the Union. Experience with the implementation of the economic policy coordination mechanism under the European Semester shows that, in general, the implementation of structural reforms has been slow and uneven and that national reform efforts should be reinforced and incentivised with cohesion policy support.
Amendment 52 #
2018/0213(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Programme's overall objective is the enhancement of cohesion, competitiveness, productivity, growth,sustainable growth, job creation, social inclusion and employment. For that purpose, it should provide financial incentives for addressing challenges of a structural nature, and should help to strengthen the administrative capacity of the Member States insofar as their institutions and economic and social sectors are concerned.
Amendment 76 #
2018/0213(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) It is necessary to establish a transparent process for the submission of proposals for reform commitments by the Member States, and the content thereof. With a view to ensuring the expediency of procedures, a Member State should submit the proposal for reform commitments together with its national reform programme, but in the form of a separate annex, which may also be submitted at a different point in time. While participation in the Programme is voluntary, Member States experiencing excessive imbalances should be particularly encouraged to come forward with reform proposals under the reform delivery tool, which address the problems that led to such excessive imbalances.
Amendment 92 #
2018/0213(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to ensure an efficient, transparent and coherent allocation of funds from the Union budget and to respect the principle of sound financial management, actions under the Programme should be consistent with and be complementary to ongoing Union programmes, whilst avoiding double funding for the same expenditure. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 109 #
2018/0213(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) education and training, labour market policies, including social dialogue, for the creation of jobs, digital skills, the fight against poverty, the promotion of social inclusion, social security and social welfare systems, public health and healthcare systems, pension systems, as well as cohesion, asylum, migration and border policies;
Amendment 41 #
2018/0172(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.
Amendment 43 #
2018/0172(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Single use plastic products can be manufactured from a wide range of plastics. Plastics are usually defined as polymeric materials to which additives may have been added. However, this definition would cover certain natural polymers. Unmodified natural polymers should not be covered as they occur naturally in the environment. Therefore, the definition of polymer in Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 should be adapted and a separate definition should be introduced for the purposes of this Directive. Plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring and should therefore be addressed by this Directive. The adapted definition of plastics should therefore cover polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass and/or intended to biodegrade over time. Certain polymeric materials are not capable of functioning as a main structural component of final materials and products, such as polymeric coatings, linings or layers, paints, inks, and adhesives. Those materials should not be addressed by this Directive and should therefore not be covered by the definition. _________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 44 #
2018/0172(COD)
Proposal for a directive
Recital 11
Recital 11
(11) For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single- use plastic products is expected to increase. To reverse that trend and promote efforts towards more sustainable solutions Member States should be required to take the necessary measures to achieve a significant reduction in the consumption of those products, without prejudice to Article 18 of Directive 94/62/EC, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44 . When considering a measure having restrictive effects on intra-Union trade, Member States should be able to demonstrate that the measure in question is adequate to attain the objective of reducing a significant reduction in the consumption of those products, does not go beyond what is necessary to attain that objective and does not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling and without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their lifecycle inclusive the marine environment and the waste hierarchy. _________________ 44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
Amendment 47 #
2018/0172(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Member States should be required, in accordance with Directive 94/62/EC, to notify the Commission of any draft measure related to packaging before adopting it, in order to verify whether it may create barriers to the functioning of the internal market.
Amendment 52 #
2018/0172(COD)
Proposal for a directive
Recital 15
Recital 15
(15) With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litterin line with Article 8 and 8a of Directive 2008/98/EC and Article 7 of Directive 94/62/EC as well as the costs of awareness-raising measures to prevent and reduce such litter.
Amendment 59 #
2018/0172(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures, including education campaigns at schools, ensuring that such information is given to the consumers to incentivise them to change their behaviour and to participate more actively in litter prevention. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. The fight against litter should be a shared effort between competent authorities, producers and consumers. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.
Amendment 60 #
2018/0172(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2008/98/EC lays down general minimum requirements for extended producer responsibility schemes. Those requirements should apply to extended producer responsibility schemes established by this Directive. This Directive, however, establishes additional extended producer responsibility requirements, for example, the requirement on producers of certain single-use plastic products to cover the costs of clean-up of litter.
Amendment 73 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) 'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can functions as athe main structural component of final products, with the exception of natural polymers that have not been chemically modified;
Amendment 74 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) 'single-use plastic product' means a product that is made wholly or partly from plastic with the plastic functioning as the main structural component and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to the producer for refill or re- used for the same purpose for which it was conceived;
Amendment 80 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures, without prejudice to Article 18 of Directive 94/62/EC, to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive].
Amendment 84 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single- use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures shall be proportionate and non-discriminatory and may vary depending on the environmental impact of the products referred to in the first subparagraph.
Amendment 86 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
Member States shall notify the Commission, in accordance with Article 16 of Directive 94/62/EC, of any draft measures that they plan to adopt pursuant to the first subparagraph to permit the Commission to examine it in light of the functioning of the internal market.
Amendment 98 #
2018/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the necessary costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment, as defined under Article 8 and 8a of Directive 2008/98/EC including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.
Amendment 99 #
2018/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
For single-use plastic products that are packaging, the requirements laid down in this paragraph supplementare without prejudice to the requirements regarding extended producer responsibility schemes laid down in Directive 94/62/EEC and Directive 2008/98/EC.
Amendment 107 #
2018/0172(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight. In order to achieve that objective Member States may inter alia:should establish deposit-refund schemes.
Amendment 108 #
2018/0172(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) establish deposit-refund schemes, or.
Amendment 109 #
2018/0172(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 118 #
2018/0172(COD)
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
- Tobacco products with filters and filters marketed for use in combination with tobacco products.
Amendment 26 #
2017/2259(INI)
Draft opinion
Recital B
Recital B
B. whereas the overall lack of investment in young people and in young people’s rights will contribute to the aggravation of phenomena such as declining populations, the lack of professional qualifications or the dismantling of social security systems;
Amendment 79 #
2017/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that individuals’ transition into the labour market is facilitated by a comprehensive education system that meets the demand in the labour market and ensures they acquire cross-cutting skills that promote critical thinking, universality and multicultural dialogue, fostering employability not through early specialisation, but rather by enabling the attainment of a wide variety of qualifications;
Amendment 38 #
2017/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that skills mismatch and shortages in the labour market are responsible for both unemployment and unfilled job vacancies3; considers that these worrying phenomena should be tackled by modernising education systems, making education systems cooperate more closely with labour market actors and focusing more on training in soft and transversal skills to accommodate future skills needs; __________________ 3 http://www.cedefop.europa.eu/en/events- and-projects/projects/assisting-eu- countries-skills-matching
Amendment 163 #
2017/2224(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that early education (age 0- 3) increases ability and effectiveness of further learning and that it is especially important while learning foreign languages;
Amendment 184 #
2017/2224(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that regardless of obligatory, long and free of charge education in all Member States, over 20% of young Europeans according to PISA, lack basic skills and similar number of adults are functionally illiterate, which unable their further learning, working and personal development;
Amendment 367 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on the Commission to revise benchmarks in ET2020 to make them connected with qualitative as well as quantitative indicators of education system and to monitor level of skills, especially soft skills besides the number of graduates;
Amendment 173 #
2017/2044(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recalls the 2013 Fox-Häfner report, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; notes the finding that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;
Amendment 5 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas women's economic empowerment and equal opportunities in the labour market are crucial for women individually but also instrumental for EU's economic growth with positive impact on GDP, inclusiveness and competitiveness of businesses as well as challenges related to the ageing population in the EU
Amendment 12 #
2017/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas gender equality policies have a strong impact on GDP and by 2050, improving gender equality would lead to an increase in EU GDP per capita by 6.1 to 9.6%, which amounts to €1.95 to €3.15 trillion (EIGE's estimates)
Amendment 27 #
2017/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that equal opportunities for economic independence and the guaranteeimplementation of the principle of equal pay for male and female workers for equal work andor work of equal value applied by the Member States as defined in the article 157 of TFEU are necessary steps for women’'s economic empowerment;
Amendment 34 #
2017/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to promote the well-being of women, by tackling the pay and pension gaps and combating atypical and insecure forms of work and employment, such as temporary contracts or involuntary part-time workand equal opportunities for women, by tackling the pay gap, addressing and eliminating breaches of anti-discrimination legislation in employment, combating insecure forms of work and employment, such as involuntary part-time work or the use of contracts which do not correspond to the nature of the work performed in accordance with the national law;
Amendment 47 #
2017/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that preventing and eliminating the gender pension gap and reducing women's poverty in the old age first and foremost depend on creating conditions for women to make equal pension contributions through further inclusion into the labour market and safeguarding equal opportunities in terms of pay, career advancement and possibilities to work full-time;
Amendment 66 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. points out that digitalisation has a profound impact on the labour market by changing value chains, conditions and nature of work as well as creating new job opportunities and more flexible working patterns; notes that opportunities for flexible and teleworking arrangements brought about by digitalisation may serve as a an effective tool for further inclusion of women into the labour market as well as better reconciliation of professional and domestic duties for both women and men;
Amendment 72 #
2017/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. highlights that improving digital skills and IT-literacy among women and boosting inclusion into the ICT, which is one of the highest paying sectors, could contribute to their economic empowerment and independence resulting in the reduction of the total gender wage gap;
Amendment 74 #
2017/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points out that the demand for digital technology professionals in the EU has grown by 4% annually in the last ten years and the number of unfilled vacancies for ICT professionals is expected to double by 2020; calls therefore on the Member States and the Commission to advance their efforts to promote digital skills and e-literacy among women and girls, who remain underrepresented in this sector, from the earliest stages at school and going through the whole educational cycle as well as in the framework of life-long learning;
Amendment 77 #
2017/2008(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Encourages Member States to introduce age appropriate ICT education at early stages with a particular focus on inspiring and supporting girls to pursue their interest and talents in the digital field and safeguarding them from constraining and negative stereotyping which discourage girls from advancing their e-skills;
Amendment 79 #
2017/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls Recognises that domestic work and provision of household services, which are largely feminised, are often perfor measures to guarantee the economic and social dignity of feminised work, such as domestic workd as undeclared work; calls on the Member States to promote and further develop the formal sector of domestic services through facilitation and incentives to employ domestic workers with the aim of reducing the undeclared work and improving reconciliation of private and professional life for the working families;
Amendment 88 #
2017/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on policy makers, also through the European Platform Tackling Undeclared Work, to recognise household services, family employment and home- care as a valuable economic sector which needs to be better regulated within the Member States with a view to create both secure position for domestic workers and provide families with a capacity to assume their role as employers;
Amendment 99 #
2017/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to enforce laws and workplace policies that prohibitsure proper application of the existing equal treatment legislation in order to eliminate gender-based discrimination in the recruitment, retention and promotion of women in employment in both the public and private sectors and at work in both the public and private sectors and to offer women a level-playing field in terms of pay and career advancement;
Amendment 113 #
2017/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. RecallHighlights the importance of the Women on Boards Directive and calls on the Member States to ensure equal representation and leadership equal representation of women and men in decision-making position in both the public and private sector; recalls the importance of the Women on Boards Directive which aims at balancing the labour market, in economic andshare of the under-represented sex in non-executive board-member polsitical decision-making structures and institutions, as well as in enterprises and on corporate boardons in publicly listed companies, with the exception of small and medium enterprises;
Amendment 126 #
2017/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to strengthen and enforce the full exercise of the right of collective bargaining in the private and public sectorssocial partners to use collective bargaining to advance equal opportunities for women and men, to ensure that the existing equal treatment legislation is applied in practice as well as to address and combat the gender pay gap;
Amendment 129 #
2017/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to implement and enforce public social care policies as well as to provide quality childcare fafurther develop care facilities for the dependent, including children and elderly, with the view of enhancing reconciliaties and promote the equal sharing of unpaid domestic work and co- responsibility in care.on of private and professional life for the working families and increasing women's participation in the labour market as a precondition for women's economic empowerment;
Amendment 137 #
2017/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Member States based on the provisions of the Public Procurement Directive (2014/24/EU) to promote the use of social clauses in public procurement as a tool for enhancing equality between women and men where relevant national legislations exists and can act as a ground for social clauses;
Amendment 78 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. Principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured. Accordingly, rules applicable to non-standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labour market development, and the entitlement of all workers to social protection.
Amendment 84 #
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. It must be recognized that flexible forms of employment also have a positive impact on the labour market and workers, as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment. __________________ 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 95 #
2017/0355(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions, while maintaining reasonable flexibility of non- standard employment, thus preserving its benefits for workers and employers.
Amendment 106 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 137 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one monthweek. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 146 #
2017/0355(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per monthweek should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.
Amendment 151 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that in exceptional situations some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship as long as the rules of Members States clearly and in all types of employment relationships identify the responsible person, leaving no doubt for the worker or any person directly or indirectly involved in 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 205 #
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 the law of Member States governing the employment relationship provides otherwise, these obligations apply if 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 214 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers. Probationary periods may also be extended in case of certain types of absences from work to the extent that it can be justified by the nature of the absence. Member States will establish a clear and exhaustive list of situations in which the probationary period may be extended.
Amendment 232 #
2017/0355(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly varipattern is entirely or mostly unpredictable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.
Amendment 240 #
2017/0355(COD)
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, 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 schedulepatterns which are varientirely or mostly unpredictable orand mostly determined by the employer. The length of the advance notice period may vary 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 255 #
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 a written response from the employer, which takes into account the needs and possibilities of the employer and of the worker.
Amendment 291 #
2017/0355(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 314 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability and maintaining competitiveness of micro, small and medium-sized enterprises.
Amendment 338 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to employers of workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one monthweek. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.
Amendment 354 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which 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 may 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, provided that the responsible person can be clearly determined on the basis of national law. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 383 #
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 fperforms work in accor dand under the direction of another person in return for remunece with national law and practionce;
Amendment 439 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlementthe general training policy provided by the employer;
Amendment 462 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedulepattern is entirely or mostly not varipredictable, the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration;
Amendment 472 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedulepattern is entirely or mostly variunpredictable, the principle that the work schedule is varipattern is unpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedulepattern is entirely or mostly determinedunpredictable, by the employer:
Amendment 500 #
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 of a reference to specific provisions of the laws, regulations and administrative or statutory provisionacts or collective agreements governing those particular points.
Amendment 536 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall, in cooperation with social partners, including representatives of micro, small and medium-sized enterprises, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. Such templates and models may be further adapted by employers to the needs and specific aspects of certain sectors.
Amendment 561 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any substantial 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 day it takes effect.
Amendment 593 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to thespecific provisions of laws, regulations and administrative or statutory provisionacts or collective agreements governing those particular points, provided that such collective agreements are easily accessible for workers.
Amendment 603 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless the law of Member States which governs the employment contract provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 607 #
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 six months, inclunotwithstanding any extensions in accordance with national law.
Amendment 635 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer, without prejudice to the employer´s right to require overtime work in accordance with national law and practice as well as the conditions of the employment contract.
Amendment 663 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a worker's work schedulepattern is entirely or mostly variunpredictable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:
Amendment 667 #
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, in accordance with Article 3(2)(l)(ii). Member States shall in cooperation with social partners determine reasonable periods in regard to specific sectors. This shall be without prejudice to overtime work required in accordance with national law and practice as well as the conditions of the employment contract.
Amendment 778 #
2017/0355(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take all necessary measures to ensure that provisions contrary to this Directive in existing individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.
Amendment 834 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.
Amendment 844 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 853 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation.
Amendment 890 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 85 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.
Amendment 122 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 3
Annex I – part 2 – paragraph 3
High unemployment and inactivity should be tackled, including throughand long-term unemployment prevented in a timely manner, including through proper registration of unemployment, timely and tailor-made assistance based on support for job-search, training, and requalification. Comprehensive strategies that include in- depth individual assessment at the latest after 18 months of unemployment should be pursued with a view to significantly reducing and preventing structural unemployment. Youth unemployment and the high rates of young people not in education, employment or training (NEETs), should continue to be addressed through a structural improvement in the school-to-work transition, including through the full implementation of the Youth Guarantee8. _________________ 88 OJ C 120, 26.4.2013, p. 1–6. OJ C 120, 26.4.2013, p. 1–6.
Amendment 178 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 4 – paragraph 6
Annex I – part 4 – paragraph 6
In a context of increasing longevity and demographic change, Member States should urgently secure the sustainability and adequacy of pension systems for women and men, providing equal opportunities for workers and the self- employed, of both sexes, to acquire pension rights, including through supplementary schemes, to ensure living in dignity in old age. Pension reforms should be supported by measures that extend working lives and raise the effective retirement age, such as limiting early exit from the labour market and increasing the statutory retirement age to reflect life expectancy gains. Members States should establish a constructive dialogue with the relevant stakeholders, and allow an appropriate phasing in of the reforms.
Amendment 24 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and women 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 and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 28 #
2017/0085(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Nothing in this Directive can be construed as affecting the exclusive competence of the Member States in defining the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU.
Amendment 40 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should take into accountckle negative demographic changes including the effects of an ageing population.
Amendment 43 #
2017/0085(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Work-life balance policies should also reflect the fact that a sufficient number of caring facilities for both children and dependent relatives are a key prerequisite of increased participation of women in the labour market. Further complementary action is required to assure a holistic work-life balance environment. To this end the Union should support Member States in striving to achieve the objectives set at the European Council in Barcelona for childcare facilities in March 2002, in introducing other voluntary instruments, including incentives for employers to provide care facilities for workers, and in removing economic disincentives for second earners which prevent women from accessing the labour market or working full-time. The Union should use the European semester to support such action of Member States with due regard to Member States’ commitments to strengthen public finances.
Amendment 67 #
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 women and men across work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible 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. The Directive fully respects the freedom and preferences of individuals and families to organise their lives and does not impose on them any obligation to use the benefit of its provisions.
Amendment 111 #
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. The Union should encourage Member States to extend the enjoyment of the rights set forth by this Directive to the self-employed through national legislative measures. This should especially apply in regard to the self-employed who contribute with their earnings to coverage schemes that finance compensation for the leaves. Member States should be encouraged to develop systems which would enable the self-employed to contribute to such coverage schemes.
Amendment 129 #
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 introduces an alternative for Member States to the current one monthe period of parental leave which cannot be transferred from one parent to the other. The alternative shall consist in granting an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law, which should motivate parents in sharing caring responsibilities, while maintaining reasonable flexibility of specific family arrangements.
Amendment 138 #
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 twelveeight 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 makes it more likely that second parents, in particular fathers,Workers should also have the possibility to return to work earlier than the intended and reported period of parental leave, especially if the reason of the premature return does not depend on the will of the worker and if earlier return is not excessively burdensome for the employer. Given that flexibility makes it more likely that both parents will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, especially parents having a disability and parents with children with a disability or long-term illness requiring more care.
Amendment 160 #
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 voluntarily maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice. Workers who do not wish to maintain contact should not be discriminated against in any way. It should be made clear that employees who do not wish to maintain contact should not be obliged to do so.
Amendment 175 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. The Union should encourage Member States to adopt a more extensive interpretation of “relative” for the purpose of carer’s leave than that set forth in this Directive, without prejudice to the exclusive competence of Member States to define the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 215 #
2017/0085(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave covered by this Directive and in particular their right to return to the same or an equivalent post, and not to suffer any detriment in their terms and conditions as a result of their absence. Workers should retain their entitlement to relevant rights already acquired, or in the process of being acquired, until the end of such leave. Equally important is the goal of leave arrangements to ensure that working parents maintain quality of family life, by taking care of their children, carrying out their responsibilities, including their primary educational role, especially during early childhood, in the best possible way and by spending quality time with their children. An ineffective reconciliation of family and professional life can also have a negative impact on the physical and mental health of children and parents.
Amendment 336 #
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, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;
Amendment 369 #
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 take paid paternity leave of at least ten working days on the occasion of the birth of a child. Member States shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted. Such time frame shall not be less than 6 weeks following the birth of a child.
Amendment 384 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.
Amendment 407 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelveeight.
Amendment 417 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least fourone months of parental leave cannot be transferred, or, alternatively, provide an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law.
Amendment 441 #
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 postpone the granting of parental leave by a reasonable period of 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. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.
Amendment 560 #
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 in writing.
Amendment 576 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 638 #
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, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises. They shall however ensure that at least fourone months of parental leave remains non-transferable in accordance with Article 5(2).
Amendment 651 #
2017/0085(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.
Amendment 10 #
2016/2270(INI)
Draft opinion
Recital B
Recital B
Amendment 48 #
2016/2270(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. E. Whereas an open economy with low unemployment is still the most effective tool for combating poverty;
Amendment 52 #
2016/2270(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
D b. F. whereas the introduction and strengthening of the minimum income policies, if properly combined with other measures and policies on social and labour markets, can present a way of tackling poverty, supporting social inclusion and access to the labour market;
Amendment 55 #
2016/2270(INI)
Draft opinion
Recital D c (new)
Recital D c (new)
D c. G. whereas ensuring a minimum income for those who do not have enough resources for a decent life, or do not receive adequate pay for their work, is covered by the first pillar of social rights;
Amendment 69 #
2016/2270(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that urgent practical steps need to be taken to eradicate poverty and social exclusion and promote the fair distribution of income and wealtheffective social safety nets. Also stresses, that the provision of minimum income means additional burden to member states. The member states are developed differently, with different economic power and with different ability to provide financial resources;
Amendment 88 #
2016/2270(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for priority to be given, when shaping macroeconomic policies, to reducing social inequalities and guaranteeing universal free access of all social groups to public social services. Successfully implemented structural reforms have, in many countries, reduced the number of unemployed and therefore contributed in eradication of poverty;
Amendment 106 #
2016/2270(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that an increase in social transfers and progressive, fair and redistributive tax systems, alongside measures to combat tax avoidance and tax evasion, are prerequisites for economic, social and territorial cohesion. Stresses that, in some countries, expansionary fiscal policy is a part of a problem that contributes to the reduced amount of social services related spending;
Amendment 112 #
2016/2270(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. ArguStresses, that minimum income schemes are essential transitional instruments in reducing and fighting poverty, and they shouldintroducing and strengthening minimum income policy is important for people who find themselves in financial difficulties, this income should constitute a last resort and not ordinary income. It urges that the maintaining a balance be stween as a social investmentthe minimum income and other types of income is key;
Amendment 131 #
2016/2270(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 143 #
2016/2270(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. 6. Calls on the Commission, that it should, before submitting any proposal in this field, take into account the fact that this area is of Member States competence and to extensively evaluate the impact of planned measures on the economic and social situation of individual countries examine the appropriateness of the selected instruments to deal with related social and economic problems and limit the potential negative consequences of minimum income,
Amendment 3 #
2016/2269(INI)
Draft opinion
Recital A
Recital A
A. whereas inequality is usually approached merely as a social problem or, worse, as a social consideration, which can be harmful for good economic policy design; whereasalthough in some economic theories inequality concerns are set against efficiency, we on the contrary would argue that equality policies can help foster growth and job creation; whereas equality can, under the right conditions, be both a cause and a consequence of good economic performance;whereas a properly functioning economy and an efficient labour market remain the most effective means of tackling unemployment and thereby reducing inequality;
Amendment 32 #
2016/2269(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that investment creates jobs and that unemployment is obviously one of the ma; notes that high levels of unemployment exert a downward pressure on wages and working causes of inequality both between the employed and unemployed, but also amoonditions; stresses that promoting investment in new technologies and development is essential for creating wmorkers themselves; notes that it is well known that high levels of unemployment exert downward pressure on wages and working conditione and better jobs and thereby reducing inequality; stresses, in particular, the importance of promoting a suitable business environment for small and medium-sized enterprises, which are important for creating new jobs;
Amendment 50 #
2016/2269(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that investment in public services is essential to close the qualification dimension of inequality; eEmphasises that the attainment of higher levels of education for the general population contributes not only to reducing income inequality, but also to fighting social and cultural exclusion; highlights the need to monitor anticipated labour market requirements and to adapt education programmes to the new realities;
Amendment 61 #
2016/2269(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that modern societies are facing crucial social challenges that involve inequality issues; stresses that dealing with these challenges is both a responsibility for public policy-making and an opportunity for private investors.;points out that EU social policy-making needs to take account of the level of economic development of each Member State and allow them to design social systems which match their own circumstances;
Amendment 25 #
2016/2242(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas regions around Europe are substantially different; in some cases territories with high unemployment will not be part of the eligible regions when it comes to the allocation of EU funds at NUTS level;
Amendment 38 #
2016/2242(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned however that YG schemes have not yet reached all young people, who left schools or became unemployed; underlines that all young people not in employment, education or training should be able to profit from the Youth Guarantee schemes, encourages therefore the regions which do not qualify for an EU co-financing to participate in Youth Guarantee;
Amendment 46 #
2016/2242(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that Youth Guarantee has become a driver for policy reforms and better coordination in the fields of employment and education;
Amendment 48 #
2016/2242(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls for an efficient control and monitoring of spending of allocated funds at European and national levels to prevent abuses and wasting of resources;
Amendment 49 #
2016/2242(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Calls for an effective multi-lateral surveillance of compliance with the Council's recommendation establishing a Youth Guarantee within the European Semester and to address specific country recommendations where needed;
Amendment 50 #
2016/2242(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that sufficient economic growth is a pre-requisite for the effective integration of NEETs into the labour market;
Amendment 71 #
2016/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the full potential of exchanging best practices among Member States in implementation of YG-schemes as well as elimination of administrative burden has not yet been realised; notes in this respect the importance of mutual learning aimed at the activation of the most vulnerable groups;
Amendment 79 #
2016/2242(INI)
4. Notes that a more diversified approach in the provision of services to different groups within the youth population is needed in order to avoid ‘cherry-picking’; calls for a stronger outreach to young people facing multiple barriers (e.g. young people with disabilities) by broadening the range of interventions proposed within YG offers;
Amendment 90 #
2016/2242(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need to provide tailored solutions to a diverse group of young people and making the non- registered NEETs a key target group;
Amendment 91 #
2016/2242(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that persistent mismatches between the participant's profiles and the YG's offers results in people's return to NEET status, is of the opinion that good quality offers should be tailored to the profile and qualification level of individuals and therefore boosting their competences to better meet labour-market demands;
Amendment 93 #
2016/2242(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Takes note that the NEET's group is highly heterogeneous, calls on Members States to conduct a comprehensive analysis of NEET population including a skills mismatch analysis in order to facilitate a smooth transition from education to employment and therefore increase employability of the NEETs;
Amendment 94 #
2016/2242(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights the importance of strengthening cooperation between relevant stakeholders such as public and private employment services, education and training institutions, employers, youth organisations and non- governmental organisations working with youth in order to reach the entire NEET population, especially inactive NEETs, who are not covered by the existing systems to enable their effective integration into the labour market; calls on Member States to actively identify and register all NEETs;
Amendment 95 #
2016/2242(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls for enhanced cooperation between education institutions and entrepreneurs to develop curricula tailored to the labour market needs which facilitates a smooth transition from education to employment and tackles skills mismatch;
Amendment 96 #
2016/2242(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Emphasises that promoting mobility in employment, education, apprenticeships and traineeships can improve the skills-set of young people, as well as tackle the geographical skills mismatch that exists in the EU, therefore encourages Member States to include offers from all European countries in a national Youth Guarantee Scheme through making greater use of EURES (European Employment Services), which is a valuable tool to boost mobility;
Amendment 97 #
2016/2242(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that increasing the mobility of workers, for example through deepening international cooperation and by facilitating cross-border recognition of qualifications is effective way of tackling skills mismatch;
Amendment 113 #
2016/2242(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Cautions against the repeated take-up of the YG which goes against the spirit of labour market activation and the aim of transition into permanent employment.lls on Member States to ensure that young people receive good quality offers, tailored to the profile and qualification level of the individuals, in order to prevent them from the repeated take-up of the YG;
Amendment 4 #
2016/2206(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the discussion of the draft annual work programmes and the multiannual strategies of the agencies in the committees responsible helps to ensure that the programmes and strategies are balanced and reflect the actual political priorities;
Amendment 7 #
2016/2206(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the cooperation and exchange of ideas and practices between the agencies within the framework of the Union agencies performance development network, which contributes to more balanced governance, improved efficiency and greater coherence between them; stresses that the network must contribute to greater efficiency and not create additional costs and more bureaucracy;
Amendment 6 #
2016/2171(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the fact that the Foundation’s internal reorganisation came into effect on 1 January 2015 and hopes that the changed internal organisation will help the Foundation achieve better results;
Amendment 3 #
2016/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses its satisfaction that the Court of Auditors has declared the transactions underlying the Agency’s annual accounts for the financial year 2015 to be legal and regular and that its financial position as at 31 December 2015 is fairly represented; calls for the Agency to continue to closely monitor, analyse and report on health and safety at work conditions and to come up with initiatives for improving them;
Amendment 8 #
2016/2162(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the Foundation’s progress in the implementation of the current four-year programme for 2013 to 2016; welcomes its input to policy development through a consistently high number of surveys, studies, presentations, events and projects; notes the start of the European Parliament’s pilot project, ‘The future of manufacturing in Europe’; calls for the Foundation to continue to closely monitor, analyse and report on living and working conditions and to come up with initiatives for improving them;
Amendment 4 #
2016/2151(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the principal sources of error in this area are the inclusion of ineligible expenditure in the beneficiaries’ cost declarations, the selection of ineligible projects, activities and beneficiaries and the infringement of public procurement and State aid rules;
Amendment 7 #
2016/2151(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that ineligible projects and activities carried out by ineligible providers are often selected; calls on the Member States to refrain from such practices;
Amendment 10 #
2016/2151(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that Member State laws too often further tighten the conditions for implementing projects, leading to less transparency and the selection of poorer projects, and making projects difficult to implement;
Amendment 13 #
2016/2151(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, by the end of 2015, fewer than 20% of the national authorities responsible for the European Structural and Investment Funds (“ESIF”) had been designated and that, consequently, there is a risk that delays in budgetary execution for the 2014 to 2020 programming period will be greater than those in the 2007-2013 period; calls on the Commission to take action and on those Member States which lag behind to act more swiftly;
Amendment 41 #
2016/2148(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that 6 million unemployed young people are to benefit from the Youth Employment Initiative (YEI) which will help them find jobs or improve their skills and qualifications now that YEI has been integrated into 34 ESF programmes in the 20 eligible Member States; is concerned, however, about the delayed start to the implementation of the YEI; urges Member States to intensify theirmake more efforts to ensure that the results envisaged are achieved successfullyachieve long-term employment;
Amendment 59 #
2016/2148(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the successful achievement of PA and OP objectives is greatly facilitated by the active involvement of the social partners and other relevant actorocial partners and other relevant actors should be involved in the implementation of the agreements;
Amendment 70 #
2016/2148(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines the importance of making ESF investments more attractive to beneficiaries through the use of simplified cost options (SCOs), and welcomes the increase in the SCO-covered amounts envisaged for the 2014-2020 period, from 7 % to 35 %; calls on the Member States to reduce the bureaucratic obstacles in order to achieve more effective implementation of the ESF;
Amendment 15 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the country-specific recommendations (CSRs) demonstrate the differences that exist between Member States; argues that the Member States should continue to give priority to reforms that will strengthen their economic recovery, making a commitment to investment, implementing structural reformsproviding for a proper sustainable pension and health system and for a social security system, and taking an approach based on fiscal and budgetary responsibility;
Amendment 73 #
2016/2101(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls foron the Commission to make a strong commitment to promoting the Juncker Plan (EFSI) in Member States with a low level of participation;
Amendment 286 #
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; underlinstresses that open- ended contracts should remain the norm given, because of their importance for socio-economic security, are still recommended in future; 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 368 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; cCalls on the Commission to actively support a wider coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respective national average wage;
Amendment 491 #
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 create new jobs and increase the overall employment rate, with particular attention given to disadvantaged groups most excluded from the labour market; 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 561 #
2016/2095(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees that all persons with disabilities must be ensured enabling services, provided by adequately qualified professions and basic income security allowing them a decent standard of living and social inclusion; recognizes that disability benefits must be developed in a way which both encourages access to the labour market ad ensures a decent standard of living in the community;
Amendment 572 #
2016/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers access to quality and affordable long-term care services, including home-based care, to be a right that should be upheld with the help of suitabsupport of adequately qualified professionals employed under decent conditions; believes that low- income households should therefore be targeted by adequate public services and tax deductionsquality public services and tax deductions must be made available for households, in particular low-income households, to avoid the risk of poverty; repeats its call for legislation on carers’ leave accompanied by adequate remuneration and social protection;
Amendment 663 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a Skills Guarantee as a new right for everyone to acquire fundamental skills for the 21st century, including digital literacy; stresses that quality education should be inclusive, effective and responsive to labour market and societal need; highlights this as an important social investment, requiring adequate financing;
Amendment 735 #
2016/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for full implementation of the Youth Guarantee for all people under 30 and of the recommendation on the long- term unemployed, including through the development of additional measures that is necessary to ensure the Youth Guarantee is accessible for persons with special needs; highlights these as important structural reforms and social investments that are in need of adequate financing;
Amendment 767 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point b
Paragraph 22 – point b
b. there is a need for new legislative proposals on ensuring access to quality care services and family leave schemes, including maternity leave, paternity leave, parental leave and carers’ leave, encouraging equal take-up of leave arrangements by men and women across all categories of workers in order to improve women’s access to and position within the labour market and facilitate work-life balance;
Amendment 1025 #
2016/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission and the EIB to refocus the EFSI on job creation and social investment and adapt its risk/return requirements accordinglyimplementing the Social Rights Pillar, including through investment and quality social services and jobs; calls on the Commission and the EIB to organize national platforms for social investments to improve communication od the EFSI;
Amendment 66 #
2016/2064(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the ECIB to increase investment in projects in the outermost regions, which are particularly handicapped by underinvestment in job opportunities, resulting in unemployment, exclusion, and emigration;
Amendment 188 #
2016/2064(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that EFSI is a demand- driven instrument, which should, however, be guided by the political objectives set out in the regulation and defined by the Steering Board; notes that more efforts should be made to bring to light projects in sectors with high demand for investment, which have not yet taken full advantage of EFSI instruments;
Amendment 201 #
2016/2064(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes that all sectors defined in the EFSI Regulation have been covered by EFSI financing; points out, however, that certain sectors are under-represented; notes that this might be due to the fact that certain sectors already offered better investment opportunities in terms of shovel-ready, bankable projects when EFSI started up; remarks that this may also be due to a lack of experience and technical knowhow of certain sectors in gaining access to such financial instruments offered by EFSI; invites the EIB against this backdrop to discuss how to improve sectorial diversification, linking it to the goals set out in the Regulation as well as the issue of whether EFSI support should be extended to other sectors;
Amendment 302 #
2016/2064(INI)
31. Is pleased that the EIAH has been up and running since September 2015, moving through a quick implementation phase; acknowledges that, due to the limited period of its existence and a shortage of staff at the initial stage, not all EIAH services have been fully developed and that activity has predominantly focused on providing support for project development and structuring, policy advice, and project screening; believes it essential that the EIAH includes staff with expertise on a variety of different stakeholders and sectors in order to better target advice, communication and support to sectors currently not accessing EFSI to their full potential;
Amendment 109 #
2016/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CallsHighlights the issue of unsafe working conditions, and calls, therefore, on the Member States to guarantee all workers in the aviation sector decent working conditions, including health and safety at work.
Amendment 109 #
2016/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a public minimum pension not related to previous working life; stresses the importance of shifting towards individual, rather than family-related, pension entitlements; points out, however, that the ratio between the public minimum pension and the pension arising from working life must be appropriate;
Amendment 130 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 192 #
2016/2061(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Asks the Member States to eliminate obstacles – such as the increase in the minimum contributory years necessary to be eligible for pension entitlements or the linking of pension benefits to lifetime contributions – to access to an adequate pension for people with interrupted careers (most of them women); stresses that new jobs created by the economy are the best guarantee of adequate pensions and sustainable pension systems;
Amendment 214 #
2016/2061(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 30 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for support for the progress achieved by the pharmaceutical industry, hitherto driven by European SMEs, which haveStresses the importance of SMEs in transformeding the standard of healthcare in Europe and helped to prolong life expectancycalls for further support for their development;
Amendment 39 #
2016/2057(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that everyone should have access to medicines, regardless of their social position;
Amendment 42 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RecommendStresses that heach Member State should be free to set its own innovation policy in the field of cutting- edge technologies, possibly with the aid of EU fundinglthy competition should also be guaranteed in the area of access to medicines, so as to make possible lower prices and higher quality of services for users;
Amendment 191 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60 b. stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions;
Amendment 19 #
2016/2024(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the importance of sufficient funding and good budgetary management of programmes aiming at addressing unemployment, poverty and social exclusion, such as the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the Employment and Social Innovation Programme (EaSI) and the Fund for European Aid to the Most Deprived (FEAD); maintains, therefore, that the European Globalisation Adjustment Fund (EGF) has to be made more responsive to the needs of SMEs;
Amendment 20 #
2016/2024(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Maintains that existing programmes should be assessed and, where they are ineffective, adjusted;
Amendment 33 #
2016/2024(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of the budget in promoting entrepreneurship initiatives including social entrepreneurship, innovative social enterprises and self-employment every form, resulting in job creation;
Amendment 19 #
2016/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the number of part-time workers, agency workers and bogus self- employed persons in the sector has increased and that the general trend is towards more flexible employment contracts; notes that, owing to technological advances enabling us to access services and communications from home, the number of post offices, and consequently also the number of employees in this sector, has fallen;
Amendment 51 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that new jobs havecould been created as a result of restructuring and the introduction of new activities in the postal services sector and that, in keeping with these new circumstances, workers need to learn new skills and the working environment and working conditions need to be adapted; draws attention to the importance of training, further training and retraining;
Amendment 246 #
2016/0379(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The seat of the Agency shall beis in Ljubljana, Slovenia.
Amendment 367 #
2016/0379(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point k
Article 25 – paragraph 1 – point k
(k) be responsible for deciding whether it is exceptionally necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. The decision to establish a local office requires the prior consent of the Commission, the Administrative Board, the Member State of the Seat and the Member State or Member States concerned. The decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency and that fully respects Decision 2009/913/EU.
Amendment 82 #
2016/0378(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Decision 2009/913/EU taken by common agreement between the representatives of the governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators provides that the European Agency for the Cooperation of Energy Regulators shall have its seat in Ljubljana, Slovenia. The seat of the Agency is the centre of its activities and the statutory functions of the Agency. Thus, the meetings of the statutory organs should take place at the seat.
Amendment 84 #
2016/0378(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Agency’s host Member State should provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connectionsSeat Agreement between the Government of the Republic of Slovenia and the Agency for the Cooperation of Energy Regulators was concluded on 26 November 2010 and entered into force on 10 January 2011. It is considered that the Seat Agreement and other specific arrangements fulfil the requirements of Regulations (EU) No 713/2009 and 863/2016.
Amendment 14 #
2016/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Union Directives in the area of copyright and related rights provide legal certainty and a high level of protection for rightholders. This harmonised legal framework contributes to the improperved functioning of the internal market and stimulates innovation, creation, investment and the production of new content, including in the digital environment. It also aims to promote access to knowledge and culture by protecting works and other subject-matter and by permitting exceptions or limitations that are in the public interest. A fair balance of rights and interests between rightholders and users should be safeguarded.
Amendment 160 #
2016/0276(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reinforce the take-up of the EFSI in less-developed and transition regions, the scope of the general objectives eligible for EFSI support should be enlarged. The entry threshold in terms of project size should also be adapted to local markets, in order to ensure that small- scale projects are not deterred from applying for EFSI financing. The Commission and the EIB should also continue their local/national campaigns to help explain and promote the benefits of the Investment Plan.
Amendment 192 #
2016/0276(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In line with the exceptional market demand for SME financing under the EFSI which is expected to continue, the EFSI SME Window should be enhanced. Particular attention should be paid to social enterprises, including through the development and deployment of new instruments. The attractiveness of investment in social services such as education, training and healthcare should be increased. More investment is also needed in social inclusion.
Amendment 425 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point ii
Article 1 – paragraph 1 – point 9 – point b – point ii
Regulation (EU) No 2015/1017
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) providing pro-active support on the establishment of investment platforms; with a local presence and technical assistance, where needed.
Amendment 197 #
2016/0256(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks and that the Agency is not bringing added value in terms of improving living and working conditions, it may propose that this Regulation be amended accordingly or repealed.
Amendment 2 #
2016/0205(NLE)
Draft opinion
Article 1
Article 1
The Committee on Employment and Social Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament decline to give its consent to the proposal for a Council decision 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;.
Amendment 34 #
2016/0176(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies, taking into account the principle of subsidiarity.
Amendment 122 #
2016/0176(COD)
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
The Member State concerned shall provide for sanctions where the employer is heldproven to be responsible. Those sanctions shall be effective, proportionate and dissuasive.
Amendment 41 #
2016/0130(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The binding occupational limit values should be reviewed regularly and at least every 5 years and revised when necessary in the light of scientific data. This revision should duly take into account the recommendations and opinions of the Scientific Committee on Occupational Exposure Limits (SCOEL) and the Advisory Committee on Safety and Health at work (ACSH) which is composed of three full members per Member State, representing national governments, trade unions and employers' organisations.
Amendment 57 #
2016/0130(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) There is no harmonised methodology for measuring workers' exposure to carcinogens, mutagens and substances that are toxic for reproduction at European level. The European Commission should shortly develop such an EU methodology in order to ensure on the one hand, similar and high-level protection for workers and on the other hand, a level playing field.
Amendment 59 #
2016/0130(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) More transparency on health risks incurred by workers should be provided by including two new columns to Annex III in order to indicate the residual cancer risk associated with each Binding Occupational Exposure Limit and the date of the last estimation.
Amendment 71 #
2016/0130(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Advisory Committee on Safety and Health at work also assists the Commission, by giving for instance opinions on the Occupational Exposure Limits which should be set at EU level pursuant to Council Directive 98/24/EC and Directive 2004/37/EC in order to protect workers from chemical risks. These opinions are based in particular on the latest available scientific data and socioeconomic impacts.
Amendment 119 #
2016/0130(COD)
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2004/37/EC
Title
Title
-1. The title is replaced by the following: “Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or, mutagens or reprotoxics at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)” lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)Or. en (http://eur-
Amendment 122 #
2016/0130(COD)
Proposal for a directive
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2004/37/EC
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
(-1a) Article 1, paragraph 1, subparagraph 1 is amended as follows “This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or, mutagens at work.” lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)or reprotoxics at work.” Or. en (http://eur-
Amendment 125 #
2016/0130(COD)
Proposal for a directive
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2004/37/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(-1b) In Article 2, the following point is added: "(ca) 'reprotoxic' means : a substance which meets the criteria for classification as a reproductive toxicants of category 1A or 1B set out in Regulation (EC) No 1272/2008".
Amendment 173 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 2 – column 4
Annex III – Part A – row 2 – column 4
0,02501
Amendment 42 #
2016/0070(COD)
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..
Amendment 43 #
2016/0070(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 51 #
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 enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 65 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 111 #
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 which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates 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 andshall ensure that undertakings posting workers to their territory guarantee the posted workers additional rights, beside the terms and condition of employment to which they are entitled according to paragraph 1. This should apply from the first day subsequent to the 24 months when it effectively exceeds this duration, unless two Member States concerned agree on derogation. 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 RegulationIn order to take into account characteristics of various sectors, the 24 months should be calculated within the reference period of 36 months. For the purpose of calculating the posting period the concept of "the same task at the same place" is also clearly defined and should be determined taking also into consideration the nature of the service provided and the work to be performed.
Amendment 139 #
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 justified by overriding reasons in theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
Amendment 141 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 158 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 190 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 204 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 230 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(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 remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers’ rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 258 #
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 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."
Amendment 289 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting of an individual worker 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 ouensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down by: – law, regulation or administrative provision, and/ or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to work periods and rest periods, in addition to paragraph 1(a); (b) other mandatory rules relating to leave and holidays, in addition to paragraph 1(b); (c) other mandatory rules in addition to paragraph 1 (c); (d) rules on parental and paternal leave. The duration of posting of an individual worker shall be calculated within the reference period of 36 months, with a possibility to refrain from the application of paragraph 1 following an agreement with regards to concrete cases between competent authorities from the two Member States concerned. When a period of two months has elapsed from the date of expiry of the previous posting period, the calculation shall restart.
Amendment 323 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workerscalculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 365 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 392 #
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
Amendment 412 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 420 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
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 b (new)
Article 3 – paragraph 1 – subparagraph 2 b (new)
Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
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 c (new)
Article 3 – paragraph 1 – subparagraph 2 c (new)
Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 425 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 432 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 444 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
Amendment 453 #
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 1 a
Article 3 – paragraph 1 a
Amendment 48 #
2016/0050(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should issue certificates of qualification only to persons that have the minimum levels of competence, the minimum age, the minimum medical fitness, the minimum education and training and the navigation time required for obtaining a specific qualification.
Amendment 55 #
2016/0050(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Due to the responsibility with respect toand need to ensure safety when exercising the profession of boatmaster, sailing with the aid of radar and bunkering liquefied natural gas-fuelled vessels or sailing liquefied natural gas-fuelled vessels, verification through practical examinations on whether the required level of competence has effectively been reached is required. Such practical examinations may be carried out using approved simulators, with a view to further facilitating the evaluation of competence.
Amendment 78 #
2016/0050(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is establishedcompetent institute provides education or training.
Amendment 16 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the employment rate in the EU currently stands at 69.2%, which is well below the Europe 2020 target, and calls for increased public investment in job creation and skills, as well as in infrastructure, not least through the EFSI; also maintains that the MFF revision should be used to find a way of fully offsetting the cuts by which the EFSI has been financed at the expense of the budgets of major EU programmes, including Horizon 2020 and the Connecting Europe Facility, bearing in mind the importance of those programmes for economic development and job creation in particular, without, however, undermining the EFSI, which has an essential part to play in revitalising investment in Europe;
Amendment 30 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists on the continuation of the Youth Employment Initiative and the Erasmus+ programme and calls for the resources for this initiativeese programmes to be provided at least until 2020;
Amendment 48 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the resources of the European Social Fund (ESF) and the Fund for European Aid to the Most Deprived are not sufficient to address the unprecedented flow of refugees and that competition for scarce funds may lead to social conflictust not interfere with the elements of the fund; insists that the ESF share amount to 25 % of the total cohesion budget, that no reductions in the national envelopes for ESF measures be made and that sufficient cash flow be provided annually for payments from the EU budget;
Amendment 64 #
2015/2353(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Draws attention to the huge problem of child poverty in Europe, which is afflicting over 20 million children, and reiterates its call for the establishment of a Child Guarantee with dedicated special resources, together with programmes to assist parents in getting out of social exclusion and unemployment; calls on the Commission to establish mechanisms for training and skills development in education and in work in order to increase the employability of EU citizens;
Amendment 20 #
2015/2349(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a suitable regulatory environment that encourages investment and access to financing, and fosters sustainable growth and quality jobs within small transport businesses;
Amendment 29 #
2015/2349(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the opportunities of the collaborative economy and the Digital Single Market for job creation and more inclusive growth within small transport businesses; sStresses, however, that the collaborative economy must not lead to an avoidance of tax and social contributions, nor to non-compliance with employment and social that, irrespective of the type of economy, all market operators must fully comply with tax rules and with social and labour legislation;
Amendment 43 #
2015/2349(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the social partners to negotiatecomply with the provisions of collective agreements for all transport services in line with national laws and practices;
Amendment 52 #
2015/2349(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned about the rise of precarious employment, bogus self- employment, undeclared work and social dumping; calls on the Member States to guarantee fair competition and ensureensure the conditions for fair competition, which above all means decent working conditions and the highest possible level of social protection for all workers;
Amendment 85 #
2015/2349(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of 21st century skills and calls on the social partners and on education and training institutions to develop related skills strategieducational programmes for small transport businesses.
Amendment 6 #
2015/2345(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is concerned that due to the procyclical nature of public spending the financial capacity and social mission of NGOs arcould be severely challenged at times when they are most needed;
Amendment 28 #
2015/2345(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to ensure the independence of social NGOs and to provide funding to contribute to the independent assessment of policies within the Multiannual Financial Framework 2014-2020; calls on the Commission to ensure transparency in the use of funds from the EU budget for NGOs and in case of infringement take appropriate action in the further allocation of EU funds;
Amendment 41 #
2015/2345(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Strongly rRegrets the decrease in EU funding for European social NGOs under EaSI, compared to the previous PROGRESS programme, and under Europe for Citizens;
Amendment 47 #
2015/2345(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many NGOs have difficulties in accessing ESF funding and are disproportionately burdened by the complexity of programmes and reporting requirements; calls on the Commission and Member States to step up support in this area;
Amendment 58 #
2015/2345(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to consider focusing social NGO funding programmes on operational grants beyond one year, in order to ensure continuity and sustainability;
Amendment 69 #
2015/2345(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that mostany EU funds available for social NGOs require co-financing, and too high a share can be detrimental to the applicant NGO which may not be able to raise this amount;
Amendment 84 #
2015/2345(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that in the social field full policy impact is difficult to identify and measure within one year; calls on the Commission to better balance the measuring and reporting of output and impact; calls on the Commission to consider preparation of the assessment of situation in the field of social NGOs in the Member States;
Amendment 8 #
2015/2344(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the success of the eurozone is dependent on increasing the welfare of all its citizens, and on well- functioning labour markets and welfare systems, based on decent work with rights, a strong role for the social partners, social dialogue, collective bargaining and collective agreements, and preventing individual Member States from trying to gain an unfair competitive advantage by infringing workers’ rights or promoting social dumping;
Amendment 30 #
2015/2344(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that in order to stabilise the social situation in Member States, economic stabilisers such as a European Unemployment Insurance (EUI) scheme should strengthen the welfare state and fight social deprivation caused by one- sided fiscal discipline measures taken under the European economic governance frameworkvarious measures are needed, including ensuring the effective functioning of financial funds intended for socially excluded people, in order to stabilise the social situation in Member States and fight social deprivation;
Amendment 43 #
2015/2344(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the factStresses that the current system of European economic governance is highly unmust be balanced and focuses almost exclusively onthat, while ensuring fiscal stability and wage competitiveness, while concerns about economic recovery, public investment policies and more and better jobs and social cohesion are largely ignoredit should also support social cohesion and the creation of quality jobs;
Amendment 65 #
2015/2344(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks the Member States to respect and promote the autonomy of collective bargaining on wages and working conditions, and to restoreablish balance with the economic governance pillar by urgently moving ahead on the social dimension;
Amendment 74 #
2015/2344(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of not linking anythe unemployment benefit system with economic conditionality for the Member States,being effective and of promoting social policies which fight poverty, social exclusion and social dumping;
Amendment 78 #
2015/2344(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the Member States must ensure they have an effective unemployment benefit system. At the same time, they must make use of all the possibilities available under the various EU programmes;
Amendment 81 #
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 found where contracts of this nature apply, albeit such contracts should account for a minority of existing employment relationships;
Amendment 17 #
2015/2327(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that Erasmus+ is one of the key drivers of growth, employment, competitiveness and social cohesion in that it contributes to improving European education and training systems and employability, and provides Europeans with an opportunity to acquire transversal and transferable sets of skills and competences via studies, training and work experience abroad and offers individuals the chance to live more independently, adapt more easily and achieve personal development;
Amendment 43 #
2015/2327(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that vocational education and training (VET) and VET mobility play a vital economic and social role in Europe as a mechanism leading to equal opportunities for all citizens, including those from socially disadvantaged groups, unemployed young people, migrants and women, who are all under- represented in VET; calls on the Commission and the Member States to position VET as a choice which leads to a promising career, make it accessible to all, ensure gender balance and non- discrimination, and guarantee that it is adequately funded; calls on the Commission to simplify procedures in order to improve and facilitate the inclusion of students and organisations, which are not sufficiently exploiting this opportunity;
Amendment 79 #
2015/2327(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to improve and increase the flow of information between the European institutions responsible for implementing the programme and the national bodies;
Amendment 140 #
2015/2321(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that granting refugees access to the labour market is important to restoring 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;
Amendment 168 #
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 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 and economic growth;
Amendment 183 #
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 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 countries;
Amendment 247 #
2015/2321(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the Commission’s efforts in updating the European Agenda on Migration, in particular by revising the Dublin III Regulation; underlines the positive impact that intra-EU mobility of refugees would have on addressing labour shortages and refugees’ inclusion into the labour market; stresses that further efforts are necessary to create a truly uniform Common European Asylum System and a comprehensive and sustainable legal migration policy in the EU to meet labour market demand in terms of skills, in which social inclusion and active integration policies play a central role;
Amendment 282 #
2015/2321(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 310 #
2015/2321(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to put forwardlook into the possibility of a revision of the Reception Conditions Directive in order to ensure that applicants of international protection have access to the labour market no later than six months from the date when the application was lodged;
Amendment 333 #
2015/2321(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to ensure early and easyqual access to quality training, including internships, in order to ensure full integration into our societies and the labour market, taking into consideration the refugees’ existing skills and competences, talents and know-how;
Amendment 95 #
2015/2320(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned at the growing phenomenon of bogus self-employment across the EU, whichand the establishment of ‘letterbox companies’ across the EU, as a growing number of micro-enterprises cannot be considered in positive terms as contributing to the growing number of micro-enterprisesimage of entrepreneurship, but, rather, they undermines the image of entrepreneurship it;
Amendment 110 #
2015/2320(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the Investment Plan for Europe, which is designed to create new jobs and boost innovation, and hopes that the European Investment Project Portal, as a transparent pipeline for investable projects in the EU, will help orientate investors towards existing opportunities, in favour of financing SMEs and start-up development as the fastest way to reduce unand most efficient way to reduce unemployment and promote long-term employment;
Amendment 119 #
2015/2320(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to better engage Member State authoritiMember States, universities, businesses and financial institutions with a view to promoting and making full use of EU funding sources (e.g. the EFSI, the ESF, the ERDF, COSME, Horizon 2020 and Erasmus+) so as to help overcome the difficulty in accessing finance which is still one of the main barriers to the growth of SMEs;
Amendment 177 #
2015/2320(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the ‘Erasmus for Young Entrepreneurs’ programme, which helps provide aspiring European entrepreneurs with the knowledge and skills necessary to start and/or successfully run a small business;
Amendment 180 #
2015/2320(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to adopt favourable legislative frameworks for young graduates who are employed by awhich will promote and support the employment of young graduates in SMEs or are starting up an enterpriseencourage them to start their own businesses;
Amendment 223 #
2015/2320(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to review the rules affecting SMEs and to introduce measures based on the ‘Think Small First’ principle, in order to remove the bureaucratic obstacles with which SMEs are confronted and achieve a high level of regulatory certainty as a precondition for job stability;
Amendment 31 #
2015/2258(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the EU, as the party to the UN CRPD, has the duty to ensure the close involvement and active participation of persons with disabilities and their representative organisations 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 52 #
2015/2258(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to set up amake a proposal for structured dialogue withbetween the EU and disability organisations in all EU decisions making processes, with an independent budget and sufficient funding for consultation with and participation of persons with disabilities, in line with the Concluding Observations of the UN CRPD Committee;
Amendment 132 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultaticonsultation with disability organisations, to ensure that the Funds promote the right of persons with disability organisationsies, including persons in need of high level support, to live in the community with access to high quality services in line with the CRPD;
Amendment 135 #
2015/2258(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recommends that the European Union suspends, withdraw and recovers payments from the European Structural and Investment Funds if the obligation to respect fundamental right is breached;
Amendment 146 #
2015/2258(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights that its own internal mechanism set up to coordinate the implementation of the EU CRPD (the CRPD Network) should be strengthened to become Parliament`s CRDP implementation mechanism and to provide for effective interinstitutional coordination with other EU institutions` implementation mechanisms; underlines that the CRDP Network, in all its activities and meetings, should actively involve and closely consult with persons with disabilities, through their representative organisations; asks the European Parliament services to propose a strengthening of the CRPD Network accordingly;
Amendment 16 #
2015/2257(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that Erasmus and other mobility programmes have fostered European integration and strengthened European awareness and the idea of citizenship; notes that these programmes have had an indirect impact on employment; points out that mobility in the context of vocational education and training (VET) is fundamental to the fight against unemployment, enhances employability and reduces the skills gap;
Amendment 78 #
2015/2257(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges that the manufacturing sector, including SMUs, should be more closely involved in the framing, implementation and funding of VET mobility programmes; believes that flexible and constructive dialogue and cooperation between training centres and firms will ensure that VET is a success;
Amendment 31 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, and to continue offering this path to other BRICS countriecontinue offering BRICS countries to join negotiations;
Amendment 46 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
(e) to urge the negotiating parties to establish a binding high-level framework for the domestic regulation of financial services based on the WTO’s GATS Annex on Financial Services, as well as deeper commitments based on the sui generis Understanding on Commitments in Financial Services;
Amendment 47 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) Take immediate action to include measures to mitigate aggressive tax planning as well as double taxation; tends to ensure that taxes are paid in the country where the added value is generated;
Amendment 48 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point e b (new)
Paragraph 1 – point e b (new)
(eb) take immediate action to ensure that specific needs of SMEs are fully taken into account;
Amendment 57 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(fa) take immediate action to ensure transparency over the whole process of negotiations; to ensure that Members of the relevant committees of the European Parliament have access to content and information that refers to their fields of competencies.
Amendment 15 #
2015/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that closing the gender pay gap requires increased transparency in pay systems, gender-neutral classification, increased participation of women in the labour market, a reversal of the onus of proof when it comes to challenging gender discrimination in the workplace, and desegregation of the workforce;
Amendment 30 #
2015/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that efforts to close the gender pay gap will benefit from measures that improve conditions for all low- and medium-waged workers, including reversing the trend of declining labour income share and linking wage growth to productivity1, increasing the minimum wage, reducing unemployment and boostingand recognises the importance of collective bargaining rights; __________________ 1 International Labour Organisation, Global Wage Report 2012/13: Wages and equitable growth, 2013.
Amendment 45 #
2015/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that women are disproportionately and often involuntarily concentrated in precarious work; urges the Member States to consider implementing the International Labour Organisation (ILO) recommendations intended to reduce the scale of precarious work2, such as restricting the circumstances in which precarious contracts can be used and limiting the length of time workers can be employed on such a contract, after which they must be given a permanent contract; __________________ 2 International Labour Organisation, Policies and regulations to combat precarious employment, 2011.
Amendment 59 #
2015/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the lack of affordable childcare contributes to the gender employment gap, the pay gap and related pension gap, and the disproportionate number of women who are in precarious work and; notes that retired women are the most vulnerable group and often live in or at risk of poverty; urges the Member States, therefore, to ensure access to childcare by, for example, increasing expenditure on the provision of childcare services and/or subsidies to households, incentivising employer contributions to childcare costs, and making better use of EU funds, to increase the presence of women in the labour market through measures which will make better coordination of professional and private life possible and take particular account of difficult family situations, such as bringing up children with special needs, and calls on the Member States to treat the issue of reducing the pension gap as an economic objective which is closely linked with achieving the goals of the Europe 2020 strategy;
Amendment 83 #
2015/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that women’s economic independence plays a crucial role in their lives and their ability to escape situations of domestic violence, and that women who have exhausted their paid leave are at risk of losing their jobs and economic independence; calls on the Commission and the Member States to consider and introducing a statutory right to paid domestic violence leave.e further measures to raise awareness of the problem of domestic violence and to help the victims of such violence;
Amendment 9 #
2015/2226(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the centralityimportance of agriculture to social cohesion owing to its role in economic growth and diversification, and in fixing populations in rural areas; stresses the need to strengthen the CAP budget and to ensure social fairness in itsthe implementation of the CAP;
Amendment 36 #
2015/2226(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 80 #
2015/2226(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a stronger role for social partners in the development and implementation of agricultural policy in order to create quality jobs, ensure adequate health and safety conditions and foster the social integration of rural workers, in particular migrant workers;
Amendment 109 #
2015/2226(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that improving access to land through instruments such as public land banks is key to agricultural employment;
Amendment 125 #
2015/2226(INI)
Draft opinion
Paragraph 9
Paragraph 9
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 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 34 #
2015/2105(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that, as a minimum, the legislation on the posting of workers and other national and EU labour legislation, as well as collective agreement legislation on protection of employees, including legislation on the posting of workers, should also be applicable to subcontractual service supplieors;
Amendment 67 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the Domestic Advisory Groups handling the infringements of social clauses of trade agreements must have sufficient financing and that they must consist of a balanced representation of labour and business organisations from civil societyare unacceptable and should be appropriately punished;
Amendment 74 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the need to increase the staffing levels of, and the resources available to, Member States’ labour inspectorates to allow fncourages the Member States to strengthen the operation of their inspection services to ensure more effective monitoring of labour standardprevention of employment- related offences;
Amendment 6 #
2015/2103(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. there is a needcalls on the Commission to examine whether the spread of robots brings welfare and progress if this happens in situations in which human labour is unnecessary within the traditional production and service structure – in other words, what conditions are needed in addition to financial security to ensure that people remain healthy, happy and active;
Amendment 29 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. educational systems must pave the way for the next generation to be able to live fully productive lives in a world which will be changed by robotisation and automation;
Amendment 64 #
2015/2103(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. points out that, whilst robotics and artificial intelligence promise real advantages in the short and medium term in terms of effectiveness and economy not only for production and trade but also in areas where human intelligence hitherto meant there were only humans (whose work will be increasingly unnecessary), there is a danger of the number of jobs in the field of robotics not increasing to match the number of jobs which are expected to be lost; workers made redundant as a result of developments in robotics need to receive suitable retraining;
Amendment 19 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that as regards the mediumlong term, the issue being raised by Europe’s current refugee crisis is the integration of refugees into European society; calls on the Commission, therefore, to opt for a plan geared towards social and occupational integration of refugees;
Amendment 9 #
2015/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission, the Member States and the social partners to promote gender equality in ICT companies, representative bodies and training institutions, to promote gender balance in decision-making teams, and to closely monitor and follow up on the progress made;
Amendment 3 #
2015/0801(CNS)
Proposal for a decision
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 4 #
2015/0801(CNS)
Proposal for a decision
Article 5
Article 5
Article 5 Article 5 In fulfilling its mandate, the Committee shall consult the social partners. It shall, in this context, establish contacts with the social partners represented at the Tripartite Social Summit for Growth and Employment.
Amendment 131 #
2015/0263(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Further to a dialogue with the requesting Member State, including in the context of the European Semester, the Commission should analyse the request, taking into account the principles of transparency, equal treatment and sound financial management and determine the support to be provided based on urgency, breadth and depth of the problems as identified, support needs in respect of the policy areas envisaged, analysis of socioeconomic indicators, and the general administrative capacity of the Member State. The Commission should also, in close cooperation with the Member State concerned, identify the priority areas, the scope of the support measures to be provided and the global financial contribution for such support, taking into account the existing actions and measures financed by Union funds or other Union programmes. The Commission should also monitor and supervise the implementation of the measures and adjust them where necessary.
Amendment 151 #
2015/0263(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Member States that request support should be able to contribute to the financial envelope of the Programme with additional funds. Currently, Regulation (EU) No 1303/2013 limits the possibility of a transfer of resources dedicated to technical assistance at the initiative of a Member State to those Member States which face temporary budgetary difficulties. Regulation (EU) No 1303/2013 should therefore be amended in order to allow all Member States to participate financially to the Programme. The resources transferred to the Union budget should be used for supporting actions contributing to smart, sustainable and inclusive growth or Fund- specific purposes in the Member States concerned, with a view to achieving more effective use and allocation.
Amendment 174 #
2015/0263(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To facilitate the evaluation of the Programme, a proper framework for supervising implementation of the actions and monitoring the results achieved by the Programme should be put in place from the very beginning. A mid-term evaluation looking at the achievement of the objectives of the Programme, its efficiency and its added value at the European level should be carried out. A final evaluation should, in addition, deal with the long– term impact and the sustainability effects of the Programme. Those evaluations should be based on the indicators, measuring the effects of the Programme. On the basis of the evaluation, the Commission would set out further actions.
Amendment 199 #
2015/0263(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme shall finance actions with European added value. To that effect, the Commission shall ensure that actions selected for funding are likely towill produce results with European added value and shall monitor whether European added value is actually achieved.
Amendment 244 #
2015/0263(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) organisation of local operational support in areas such as asylum, migration, border control;
Amendment 252 #
2015/0263(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Taking into account the principles of transparency, equal treatment and sound financial management, further to a dialogue with the Member State, including in the context of the European Semester, the Commission shall analyse the request for support referred to in paragraph 1 based on the urgency, breadth and depth of the problems identified, support needs in respect of the policy areas concerned, analysis of socioeconomic indicators and general administrative capacity of the Member State. Taking into account the existing actions and measures financed by Union funds or other Union programmes, the Commission in close cooperation with the Member State concerned shall identify the priority areas for support, the scope of the support measures to be provided, the timeframe envisaged for implementation of actions and the global financial contribution for such support.
Amendment 9 #
2015/0093(COD)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 33 #
2015/0051(NLE)
Recital 1
(1) Member States and the Union should work towards developing a coordinated and effective strategy for employment and particularly for, paying particular attention to the training of appropriate personnel and adapting the education system, which would make it possible to adapt rapidly to labour market requirements, for the purpose of promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change and with a view to achieving the full employment and social progress objectives set out in Article 3 of the Treaty on European Union. Member States, having regard to national practices related to the responsibilities of management and labour, are to regard promoting employment as a matter of common concern and coordinate their action in this respect within the Council.
Amendment 55 #
2015/0051(NLE)
Recital 3 a (new)
(3a) While complying with EU legislation, Member States should ensure that their national employment and labour market legislation corresponds to the needs of the labour market, promotes the development of the labour market and motivates employees and jobseekers to take part in lifelong learning.
Amendment 15 #
2014/2255(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is facing unprecedented demographic, social and structural changes that have to be addressed without delay;
Amendment 34 #
2014/2255(INI)
Motion for a resolution
Recital E
Recital E
E. whereas immense visible discrepancies exist between Member States and regions as regards active ageing policies, support infrastructure and budgetary resources;
Amendment 82 #
2014/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly rejects the consideration of active ageing policies solely as an instrument to maintain the employability of older workers, and calls on the Member States to make all the necessary assessments and, where applicable, reform the pension system structure as a whole before raising the mandatory pension age;
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 53 #
2014/2240(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that coastal and maritime tourism can contribute significantly to economic growth and to reducing casual or temporary work, provided that the activities are carried out in an environmentally-friendly waybut it is important to observe all environmental standards and allow for factors that protect the environment;
Amendment 19 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
(i) to ensure that TTIP will make a significant positive contribution to creating more and better jobs and set ambitious global trade standards for sustainable development and labour;, more specifically such as will meet the new needs of the labour market.
Amendment 35 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ii
Paragraph 1 – point ii
(ii) to ensure that TTIP includes comprehensive provisions on labour laws and policies that are consistent with the core ILO Conventions and the Decent Work Agenda, with a commitment to promote higher standards and, furthermore, to ensure that where disputes arise labour provisions will have a conditional dimension;especially when it comes to the effective abolition of child labour, with a commitment to promote higher standards.
Amendment 54 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iii a (new)
Paragraph 1 – point iii a (new)
(iii a) to ensure that on the margin of the TTIP negotiations, the mutually beneficial mobility package arrangements will be achieved, considering the visa facilitation for the European service and goods providers as well as enabling professionals to work in the USA by recognising their qualifications as one of the key elements in taking full advantage of the TTIP agreement;
Amendment 59 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
(f) use the posinegative list approach in order to specify the sectors that do not fall within the scope of the agreement;
Amendment 68 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point g
Paragraph 1 – point g
(g) refrain from introducing theintroduce an improved ISDS system in the agreement, bearing in mind that the parties to the agreement have fully developed legal systems and procedures.
Amendment 90 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vi
Paragraph 1 – point vi
(vi) to ensure that the specific challenges faced by SMEs are fully taken into account, particularly with a view to creating a favourable competitive business environment;
Amendment 120 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point viii
Paragraph 1 – point viii
(viii) to guarantee that agreement on any dispute-settlement mechanism must take into account the results of the public consultation on investor-state dispute settlement (ISDS), must be fully transparent and democratically accountable and must not hinder legislators from passing laws both in the area of employment policy and in the area of social policy;
Amendment 124 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ix
Paragraph 1 – point ix
(ix) to take steps to embed a “posinegative listing” approach in the agreement;
Amendment 89 #
2014/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need for transparency and greater gender balance in recruiappointment forto decision-making positions, both in the economy and in politics;
Amendment 256 #
2014/2145(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the current situation calls for closer and inclusive economic coordination (to increase aggregate demand, improve fiscal sustainability and allow forensure fair and sustainable structural reforms and related investments) and for swift reactions so as to correct the most obvious fault lines in the economic governance framework;
Amendment 158 #
2014/0124(COD)
Proposal for a decision
Recital 9
Recital 9
(9) EU levelCurrent cooperation at the EU level, remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States’ relevant authorities to address issues related to undeclared work.
Amendment 164 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation based on mutual assistance, transparency, confidentiality and respect of the principle of sovereignty among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively.
Amendment 178 #
2014/0124(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) National labour inspectorates and enforcement authorities need access to data and information held by foreign national authorities. An efficient exchange of data is therefore essential to curb undeclared work.
Amendment 180 #
2014/0124(COD)
Proposal for a decision
Recital 10 b (new)
Recital 10 b (new)
(10b) National labour inspection systems need to be organised in an efficient manner in order to function effectively.
Amendment 182 #
2014/0124(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The Platform will aim to facilitate the exchange of best practices and information, provide a framework at EU level to develop expertise and analysis, and improve operational coordination of actions between the different national enforcement authorities of the Member States.
Amendment 190 #
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 at Union level.
Amendment 201 #
2014/0124(COD)
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12a) The Platform should be more than a passive mapping and assessment body. It should also actively contribute to prevent undeclared work by developing practical tools against organized forms and networks of undeclared work and by keeping concerned authorities and actors informed.
Amendment 206 #
2014/0124(COD)
Proposal for a decision
Recital 13
Recital 13
(13) ThreeOften several different national enforcement authorities are mainly involved with curbing undeclared work: including labour inspectorates, social security inspectorates, health and safety inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities, the police, the public prosecutor’s office and the social partners are also involved.
Amendment 214 #
2014/0124(COD)
Proposal for a decision
Recital 14
Recital 14
(14) In order to address undeclared work comprehensively and successfully, a policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities and actors which are leading and/or active in the prevention and/or deterrence of undeclared work.
Amendment 225 #
2014/0124(COD)
Proposal for a decision
Recital 15
Recital 15
(15) To achieve its objectives, the Platform should be supported by a ‘Single point of contact’ in each Member State who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared work. The work of the Platform should stay at the expert level.
Amendment 228 #
2014/0124(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15 a) Single points of contact should liaise with all enforcement authorities which are involved in the prevention and/or deterrence of undeclared work regarding the activities of the Platform and guarantee their participation at the meetings and/or contribution to the activities of the Platform or its working groups if issues discussed involve their filed of competence.
Amendment 249 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) A European Platform to enhance EU cooperation between Member States at Union level in the prevention and deterrence of undeclared work, hereinafter referred to as ‘the Platform’, is hereby established.
Amendment 259 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) national enforcement authorities as nominated by all the Member Statesone representative of each Member State, representing national enforcement authorities and/or other actors which are involved in the prevention and/or deterrence of undeclared work, with a mandate to participate in all activities related to the Platform,
Amendment 268 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Amendment 276 #
2014/0124(COD)
Proposal for a decision
Article 1 – paragraph 3 – point d a (new)
Article 1 – paragraph 3 – point d a (new)
(d a) representatives of the European Parliament;
Amendment 289 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The Platform, fully respecting national competences and procedures, as set out in Article 1 (1), shall contribute to betterexchange of best practices on enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, hence avoidingon the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 293 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
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, to successfully tackle the complex problem of undeclared work, and their manifold implications and consequence. The Platform, as set out in Article 1 (1), shall 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 299 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) improving close and effective cooperation between Member States’ differerelevant enforcement authorities at EU level to prevent and deter undeclared work, including bogus self- employment, more efficiently and effectively,
Amendment 315 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work, including through public awareness campaigns.
Amendment 321 #
2014/0124(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 330 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
(1) For the execution of its mission, the platform shall in particular carry out the following taskinitiatives:
Amendment 340 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) improve the knowledge and mutual understanding of different national labour inspection systems and practices of fighting undeclared work,
Amendment 357 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) Establish efficient tools, for instance a knowledge bank of different practices/measures, including bilateral agreements used in the Member States to deter and prevent undeclared work,
Amendment 359 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) AdDevelopt non-binding tools, such as guidelines for inspectorsenforcement, handbooks of good practice and common principles of inspections to tackle undeclared work,
Amendment 366 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 396 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Each Member State shall appoint one single point of contact as a member of the Platform. They may also appoint one alternate memberfrom the relevant authorities referred to in Article 1(2)(a). It may also appoint one alternate who shall replace the single point of contact whenever necessary.
Amendment 399 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) In appointing their representativessingle point of contact, Member States should involve allconsult relevant public authorities having a role in the prevention and/or deterrence of undeclared work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as ‘enforcement authorities’. They may also, in accordance with national law and/or practice, involve the social partners.
Amendment 408 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) The single point of contact may participate in the plenary meetings of the Platform and, when appropriate, in other activities and working groups of the Platform.
Amendment 413 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 445 #
2014/0124(COD)
Proposal for a decision
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a two-yeardopt an annual as well as a multiannual work programme of the Platform setting out, inter alia, its detailed tasks and regular reports of the Platform in every twoof the Platform and taking into account the evaluation of the activities undertaken in the previous years(s),
Amendment 463 #
2014/0124(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
Four years after its entry into force, the Commission shall submit a report on the application and the added value of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, and propose, where appropriate, necessary amendments and modifications or withdrawal of this decision. The report shall in particular assess to what extent the Platform has contributed to the achievement of the objectives set out in Article 2 and fulfilled the taskcarried out the initiatives as set out in Article 34 and in work programmes of the Platformaddressed the priorities as set out in its work programmes.
Amendment 111 #
2014/0017(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure compliance by counterparties, with the obligations deriving from this Regulation and to ensure that they are subject to similar treatment across the Union, the appropriate administrative sanctions and measures, which arshould be effective, proportionate and dissuasive, should be ensured. Therefore, administrative sanctions and measures set by this Regulation should satisfy certain essential requirements in relation to addressees, criteria to be taken into account when applying a sanction or measure, publication of sanctions or measures, key sanctioning powers and levels of administrative pecuniary sanctions. It is appropriate that measures and sanctions established under Directives 2009/65/EC and 2011/61/EU apply to infringements of the investment funds transparency obligations under this Regulation.
Amendment 113 #
2014/0017(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Technical standards in the financial services sector should ensure consistent harmonisation and adequate protection of depositors, investors and consumers across the Union. As a body with highly specialised expertise, it is efficient and appropriate to entrust the ESMA with the elaboration of draft regulatory technical and implementing standards, which do not involve policy choices. ESMA should ensure efficientproper administrative and reporting processes when drafting technical standards. The Commission should be empowered to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union and in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council15 in the following areas: the details of the different types of SFTs, the details of the application for registration of a trade repository, and the frequency and the details of publication of and access to trade repositories’ data. __________________ 15Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 90 #
2014/0002(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) A broader membership of the EURES network has social, economic and financial benefits. It improves efficiency in service delivery by facilitating partnerships, enhancing complementarity and quality improvements. It increases the market share of the EURES network insofar as new members make available job vacancies, job applications and curriculuma vitae (‘CV’s’). Transnational and cross- border co-operation, which is a key feature of the operation of the EURES network, could generate innovative forms of learning and co-operation between employment services, including on quality standards for job vacancies and support services. The EURES network would therefore enhance and consolidate its relevance as one of the key Union tools available to Member States and the European Commission for supporting concrete measures towards a high level of employment within the Union.
Amendment 472 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) may exclude those job vacancies which due to their nature of the work or to national rules are only open to citizens of a specific country.
Amendment 654 #
2014/0002(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) labour shortages and labour surpluses on national and sectoral labour markets and the extent to which labour mobility can address themhelp to resolve these problems;