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2025 Amendments of Jasenko SELIMOVIC

Amendment 13 #

2018/2113(INI)

Motion for a resolution
Recital E
E. whereas the Treaty provides for the President of the Commission isto be elected by Parliament on a proposal by the EU heads of state and government and taking into account the results of the European elections, and whereas the Treaties also provide for a procedure in the eventuality that parliament was to reject the proposed candidate;
2018/11/29
Committee: AFCO
Amendment 20 #

2018/2113(INI)

Motion for a resolution
Recital J
J. whereas the Commission has a legalTreaty based obligations to report regularly to Parliament as follows: yearly on the general activities of the Union (Article 249 TFEU); every three years on the application of the provisions on non- discrimination and citizenship of the Union (Article 25 TFEU); on the results of multilateral surveillance in economic policy (Article 121(5) TFEU); every three years on the progress made on social policy (Articles 159 and 161 TFEU); every three years on the progress made towards achieving economic, social and territorial cohesion (Article 175 TFEU); yearly on research activities in the Union (Article 190 TFEU); yearly on the fight against fraud (Article 325 TFEU); and when conducting negotiations with third countries or international organisations (Article 207 TFEU);
2018/11/29
Committee: AFCO
Amendment 21 #

2018/2113(INI)

Motion for a resolution
Recital J a (new)
J a. whereas, additionally, in secondary legislation the Commission is instructed to review and evaluate various Directives and Regulations and report on its findings;
2018/11/29
Committee: AFCO
Amendment 27 #

2018/2113(INI)

Motion for a resolution
Recital P
P. whereas stronger cooperation between the European Parliament and national and regional parliaments, in line with their respective constitutional competences, is necessary to address the issue of multi-layeredparliamentary control of executive functions when it comes to the implementation of European legislation;
2018/11/29
Committee: AFCO
Amendment 32 #

2018/2113(INI)

Motion for a resolution
Paragraph 2
2. Acknowledges the fact that thepotential of stronger politicisation of the Commission since the first successful implementation of the Spitzenkandidaten process has narrowed the democratic gap, by allowingdue to the Spitzenkandidaten when all European citizens have a direct say in the choice of the president of the Commission by means of a vote on their preferential candidate; therefore strongly supports the pursuitintroduction of this practice for the 2019future European elections;
2018/11/29
Committee: AFCO
Amendment 35 #

2018/2113(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Is convinced that the Spitzenkandidaten should head the lists of the European political parties in the elections to the European Parliament;
2018/11/29
Committee: AFCO
Amendment 38 #

2018/2113(INI)

Motion for a resolution
Paragraph 4
4. Considers the threshold enshrined in the Treaties for a motion of censure to be too high to allow the effective use of this instrument, and dDeplores the lack of possibilities to hold individual commissioners to account;
2018/11/29
Committee: AFCO
Amendment 48 #

2018/2113(INI)

Motion for a resolution
Paragraph 8
8. Points out that Parliament’s role of oversight towards the executive should be mirroris complemented by similar competences of the national parliaments over their own executives when dealing with European affairs;
2018/11/29
Committee: AFCO
Amendment 50 #

2018/2113(INI)

Motion for a resolution
Paragraph 9
9. Considers that the exercise of control by Parliament over the executive pursuant to Article 14 TEU has been made difficult, if not sometimes impossible, by the lack of a clear catalogue of Union executive competences and policies and by the multilayered- level attribution of competences between European, national and regnational executives;
2018/11/29
Committee: AFCO
Amendment 57 #

2018/2113(INI)

Motion for a resolution
Paragraph 15
15. Insists that Parliament’s legislative powers and rights of oversight must be guaranteed, consolidated and strengthened, including through interinstitutional agreements and through the use of the corresponding legal basis by the Commission;deleted
2018/11/29
Committee: AFCO
Amendment 63 #

2018/2113(INI)

Motion for a resolution
Paragraph 18
18. Proposes that, in line with common constitutional practice as existing in all parliamentary democracies, the European Parliament, as the only institution directly elected by the citizens, should be given the right of legislative initiative, without prejudice to the legislative prerogatives of the Commission;deleted
2018/11/29
Committee: AFCO
Amendment 69 #

2018/2113(INI)

Motion for a resolution
Paragraph 20
20. Calls on Parliament to reinforce its capacity for assessment of the implementation of delegated and implementing acts;
2018/11/29
Committee: AFCO
Amendment 76 #

2018/2113(INI)

Motion for a resolution
Paragraph 22
22. Considers it necessary in a future Treaty change to amend the provisions regarding the motion of censure, in order to lower the required threshold, as well as to reinforce theintroduce a procedures for holding individual commissioners accountable to Parliament throughout their term of office, which to abuilding on the limited extent as it already exists in the Framework Agreement on relations between the European Parliament and the European Commission;
2018/11/29
Committee: AFCO
Amendment 79 #

2018/2113(INI)

Motion for a resolution
Paragraph 24
24. Is convinced of the usefulness of parliamentary questions as an oversight tool; considers it necessary, therefore, to undertake an in-depth assessment of the quality of the answers provided by the Commission to Members’ questions, as well as on the quantity and quality of the questions asked by Members;
2018/11/29
Committee: AFCO
Amendment 80 #

2018/2113(INI)

Motion for a resolution
Paragraph 26
26. Calls once again on the Commission to review its administrative procedures for the appointment of its Secretary-General, Directors-General and Directors, with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities; suggests that in the context of a further parliamentarisation of the institutional structure of the Union, parliamentary hearings of senior officials of the Union executive should be envisaged;
2018/11/29
Committee: AFCO
Amendment 86 #

2018/2113(INI)

Motion for a resolution
Paragraph 27
27. Instructs its President to forward this resolution to the Council and the Commission, the national parliaments of the Member States, and the European Committee of the Regions and the regional parliaments.
2018/11/29
Committee: AFCO
Amendment 25 #

2018/2111(INI)

Motion for a resolution
Recital D a (new)
D a. Whereas the average participation in the elections to the European Parliament in 2014 was 42.6 %;whereas according to the most recent Eurobarometer published in May 2018, only19 % of Europeans interviewed knew the date of the next European elections;
2018/12/17
Committee: AFCO
Amendment 26 #

2018/2111(INI)

Motion for a resolution
Recital G a (new)
G a. Whereas free movement provide EU citizens with opportunities to travel, study, work, and live in other EU countries; whereas more than 16 million Europeans enjoy their right to reside in another EU country;
2018/12/17
Committee: AFCO
Amendment 27 #

2018/2111(INI)

Motion for a resolution
Recital G b (new)
G b. Whereas the right to freedom of movement is central to EU citizenship and complement the other freedoms of the EU internal market; whereas young Europeans are particularly attached to freedom of movement, which is regarded as the EU’s most positive achievement after ensuring peace in Europe;
2018/12/17
Committee: AFCO
Amendment 28 #

2018/2111(INI)

Motion for a resolution
Recital I a (new)
I a. Whereas the European Commission has shown a commitment in the EU Citizenship Report 2017 to organise an EU-wide information and awareness raising campaign on EU citizenship in order to help citizens to better understand their rights; whereas this responsibility to better inform EU citizens of their rights and duties needs tobe shared by Member States and civil society;
2018/12/17
Committee: AFCO
Amendment 37 #

2018/2111(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Deems it important to foster the development of a shared sense of European identity, to reflect on the causes of the EU loss of credibility, to encourage civic participation and to launch an in- depth debate on European values;
2018/12/17
Committee: AFCO
Amendment 38 #

2018/2111(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Stresses that the Commission’s 2017 Citizenship Report makes no reference to the right of petition, the right to refer to the European Ombudsman, the right to access documents or the rights to support an ECI; expects the next Citizenship Report to address this shortcomings;
2018/12/17
Committee: AFCO
Amendment 54 #

2018/2111(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Deplores that since the entry into force of the Lisbon Treaty, Article 15(3) TFEU, which became the legal base for public access to documents and which extends such regime to all the Union institutions, bodies, agencies and offices, has not yet been fully implemented; considers that progress in the adoption of the new regulation has been consistently stalled by the Member States;
2018/12/17
Committee: AFCO
Amendment 60 #

2018/2111(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Is worried that the interpretation of certain provisions and terms of Directive 2004/38/EC by national courts differs not only across Member States, but sometimes also within the same jurisdiction; notes with concern that national authorities are not always fully aware of the rights and obligations established under Directive 2004/38/EC;
2018/12/17
Committee: AFCO
Amendment 61 #

2018/2111(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Underlines the problematic of the absence of information or the provision of incorrect or confusing information on visa requirements for family members or on residence rights; insists that Member States should ensure the removal of unnecessary barriers to the right of entry/residence, in particular for third country nationals who are family members of EU citizens;
2018/12/17
Committee: AFCO
Amendment 62 #

2018/2111(INI)

Motion for a resolution
Paragraph 8
8. Is concerned about the difficulties encountered by citizens in getting their professional qualifications recognised across Europe; believes that the Professional Qualifications Directive and European Qualifications Framework have helped facilitate recognition among Member States; also believes that professional recognition is key to ensure a higher degree of mobility for both students and professionals; calls on the European Commission to continue the trend of facilitating as much as possible the professional recognition
2018/12/17
Committee: AFCO
Amendment 90 #

2018/2111(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Underlines that a growing number of European citizens have suffered terrorist attacks in a country that is not their own, and therefore urgently calls for the establishment of protocols in Member States to help non-national Europeans in the event of a terrorist attack, in line with Directive (EU) 2017/541 on combating terrorism;
2018/12/17
Committee: AFCO
Amendment 95 #

2018/2111(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls for increased effort to finalise the accession of the European Union to the European Convention on Human Rights, and for the ratification of the European Social Charter.
2018/12/17
Committee: AFCO
Amendment 97 #

2018/2111(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Recommends the use of Article 165, 166 and 167 TFUE as legal basis for exploring the potential of education, vocational training and youth policies.
2018/12/17
Committee: AFCO
Amendment 100 #

2018/2111(INI)

Motion for a resolution
Paragraph 18 d (new)
18 d. Insists on investing on and creating Programmes and initiatives to foster a European public space where the enjoyment of fundamental rights and freedoms, social welfare and the fulfilment of European values become the citizen identity model;
2018/12/17
Committee: AFCO
Amendment 27 #

2018/2109(INI)

Motion for a resolution
Paragraph 2
2. Points out that, while the EU is more than just an economic area, the Customs Union the Customs Union is one of the EU’s earliest achievements and can be considered one of its undeniably a success in that itmain success stories, as it has enablesd the firms established in the EU to sell their goods and invest throughout the EU, with nobut also allowed the EU to remove internal borders, and that that achievement takes on fundamental importance in the context of Brexito compete with the rest of the world. Underlines that the EU’s single market, would be impossible without the tariff-free environment provided by the Customs Union and the role the latter plays in overseeing imports and exports;
2018/11/30
Committee: IMCO
Amendment 40 #

2018/2109(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that the modernisation of customs processes, based on the development of new Information Technology (IT) systems, has enabled the improved exchange of information between actors, a more effective registration of the arrival, transit and exit of goods, a centralised customs clearance and harmonised customs controls throughout the customs territory of the Union, thereby reducing administrative costs, red tape, error fraud in customs declarations and harmful port-shopping, as well as has enhanced economic activity and growth, and increased the safety and security of the EU citizens;
2018/11/30
Committee: IMCO
Amendment 41 #

2018/2109(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Deplores that the implementation of the new IT systems for the Customs Union suffered a series of delays, so that some of the key systems will not be available at the 2020 deadline set in the UCC. Underlines that the delays are due to several factors, in particular: changing project scope, insufficient resources allocated by the EU and Member States, and a lengthy decision-making process due to the multi-layered governance structure;
2018/11/30
Committee: IMCO
Amendment 42 #

2018/2109(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Expresses its strong disappointment after taking stock of the conclusion of the report of the Court of Auditors no 26/2018 “A series of delays in Customs IT systems: what went wrong?” which states that there is a risk that the rescheduled deadlines will also not be met and that the UCC deadline could be further extended beyond 2025, and urges therefore the Commission and the Member States to do their outmost in order to avoid such a situation;
2018/11/30
Committee: IMCO
Amendment 52 #

2018/2109(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Reminds that, according to the Court of Auditors, the Commission was aware of the delays but chose not to include this information in its official reporting, which prevented the stakeholders (such as the European Parliament, other EU institutions not represented in the governance structure of Customs 2020 as well as interested companies and citizens) from being fully informed of the risk of delays in real time; calls therefore on the Commission to regularly report on the progress made as regards to the setting-up of the customs electronic systems and inform about any possible future delays;
2018/11/30
Committee: IMCO
Amendment 58 #

2018/2109(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Underlines that continuous policy monitoring, analysis and assessment of possible impacts are essential parts of governance of the Customs Union, reminds in that respect that The Customs Union Performance tool operates by assessing the functioning of the Customs Union, on the basis of Key Performance Indicators in a range of areas such as protection of financial interests, ensuring the safety and security of EU citizens and assessing the importance of customs in contributing to the growth and competiveness of the EU, calls on the Member States to support the work in order to develop further this tool;
2018/11/30
Committee: IMCO
Amendment 60 #

2018/2109(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Recalls that the Commission is developing work on an EU Customs Single Window environment that would permit an economic operator to submit data required for a wide range of regulatory purposes (e.g. veterinary, sanitary, environmental, etc.) in a standardised format to multiple recipients and via harmonised access points; calls on the Commission and the Member States to continue this important work;
2018/11/30
Committee: IMCO
Amendment 61 #

2018/2109(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Believes that the cooperation between operational services on the ground, including between tax and customs administrations, could enable scarce resources to be used more efficiently;
2018/11/30
Committee: IMCO
Amendment 64 #

2018/2109(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Highlights that customs nowadays have to deal with a phenomenal increase in the volume of goods being bought online outside the EU in terms of controls and collection of the applicable duties, in particular as the volume of low value goods imported into the EU is growing each year by 10-15%; calls on the Commission and the Member States to step up their efforts in order to better tackle this challenge;
2018/11/30
Committee: IMCO
Amendment 12 #

2018/2108(INI)

Draft opinion
Paragraph 1
1. Notes the benefits of Directive 2011/24/EU in clarifying the rules on cross-border healthcare and in ensuring access to safe and high-quality cross- border healthcare in the Union, as well as for achieving patient mobility in accordance with the case-law of the Court of Justice; urgesexpresses disappointment that, although he transposition deadline for the Directive was 25 October 2013, infringement proceedings were launched against 26 Member States on the grounds of late or incomplete notification, urges therefore Member States to ensure its proper implementation, guaranteeing a high level of public health protection that contributes to the improvement of citizens’ health, while respecting the principle of the free movement of persons within the internal market;
2018/09/18
Committee: IMCO
Amendment 15 #

2018/2108(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that Article 8(2)(a) of Directive 2011/24/EU allows Member States to use a system of prior authorisation for healthcare that is subject to planning requirements if it involves overnight hospital accommodation or if it requires use of highly specialised and cost-intensive medical infrastructure or medical equipment, insists however, that any system of prior authorisation must be necessary and proportionate to the objective to be achieved, and may not constitute a means of arbitrary discrimination or an unjustified obstacle to the free movement of patients;
2018/09/18
Committee: IMCO
Amendment 16 #

2018/2108(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Deplores that in a significant number of Member States, it is still unclear for patients exactly which treatments are subject to prior authorisation, urges Member States to clarify how they use the criteria “overnight stay” and “highly specialised care” so that those are clearly understandable for patients and authorities;
2018/09/18
Committee: IMCO
Amendment 17 #

2018/2108(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Recalls that, although Article 7(9) of the Directive permits Member States to limit the application of the rules on reimbursement of cross-border healthcare for overriding reasons of general interest, Article 7(11) requires that such limitations be necessary and proportionate; urges Member States to facilitate the reimbursement of cross- border healthcare;
2018/09/18
Committee: IMCO
Amendment 18 #

2018/2108(INI)

Draft opinion
Paragraph 1 d (new)
1 d. Regrets that application of the Directive to ‘telemedicine’ has led to a certain lack of clarity, as some Member States reimburse or provide consultations with general practitioners at a distance, whilst others do not; encourages Member States to harmonize the way their reimburse ´telemedicine´;
2018/09/18
Committee: IMCO
Amendment 21 #

2018/2108(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Urges Member States to address the remaining issues concerning the mutual recognition of medical prescriptions between Member States;
2018/09/18
Committee: IMCO
Amendment 33 #

2018/2108(INI)

Draft opinion
Paragraph 5
5. StressesUnderlines that patient organisations have reported their concern that patients are faced with a labyrinth of confusing, sometimes insufficient and sometimes too detailed information’ with regard to cross-border healthcare; stresses therefore the importance of information to patients about their rights and the procedures, costs and reimbursement rates in cross-border healthcare within the framework of Directive 2011/24/EU; invites the Commission to take measures to increase patients’ awareness about their rights and about the National Contact Points.
2018/09/18
Committee: IMCO
Amendment 36 #

2018/2108(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Regrets that patient mobility for planned healthcare remains low, whilst patient mobility in terms of unplanned healthcare seems tobe considerably higher, highlights that the level of use of planned healthcare elsewhere is far below the potential levels suggested by the number of people indicating in the Eurobarometer survey that they would consider using cross-border healthcare, encourages therefore Member States to do their outmost to raise awareness among citizens on the general rights under the Directive;
2018/09/18
Committee: IMCO
Amendment 77 #

2018/2096(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Encourages the Council to make significant and serious efforts towards transparency in the ongoing tripartite negotiations about a mandatory EU Transparency Register;
2018/11/06
Committee: AFCOPETI
Amendment 9 #

2018/2093(INI)

Motion for a resolution
Recital C
C. whereas differentiated integration also refers to very different mechanisms that can have very different impacts on European integration; whereas one can distinguish between time differentiation, or multispeed Europe, where the goals are the same but the speeds to reach them are different, manners differentiation, or Europe à la carte, and space differentiation, often referred to as variable geometry;
2018/09/17
Committee: AFCO
Amendment 12 #

2018/2093(INI)

Motion for a resolution
Recital D
D. whereas differentiation has been a stable feature of European integration and has occurred simultaneously with the deepening and widening of the EU ; whereas, as a consequence, one cannot oppose differentiation and integration nor present differentiation as an innovative path for the future of the Union;
2018/09/17
Committee: AFCO
Amendment 22 #

2018/2093(INI)

Motion for a resolution
Recital F
F. whereas the Treaties foresee the possibilities for Member States to take different paths of integration, namely via enhanced cooperation (Article 20 TEU) and Permanent structured cooperation (Article 46 TEU), those should only be applied to a limited number of policies while being inclusive in order to allow all Member States to participate;
2018/09/17
Committee: AFCO
Amendment 23 #

2018/2093(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas, however, differentiated integration may not undermine the process of creating an ever closer Union as prescribed in Article 2 TEU;
2018/09/17
Committee: AFCO
Amendment 31 #

2018/2093(INI)

Motion for a resolution
Paragraph 1
1. Insists that the debate should not be about pro-differentiation versus anti- differentiation but about the best ways to operationalise differentiated integration - which is already a political reality - inside the EU institutional framework in the best interest of the Union and its citizens;
2018/09/17
Committee: AFCO
Amendment 37 #

2018/2093(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Considers therefore that the European Council should take the time needed to shape the European agenda by demonstrating the benefit of common actions and attempting to convince all member states to participate in such actions, highlights that any eventual differentiated integration agreed upon is therefore a secondbest option, and not a strategic priority;
2018/09/17
Committee: AFCO
Amendment 47 #

2018/2093(INI)

Motion for a resolution
Paragraph 6
6. Believes that differentiated integration should always take place within the Treaty provisions, maintain the unity of EU institutions and should not lead to the creation of parallel institutional arrangements; reminds that flexibility and adaptation to national, regional or local specificities can and should also be ensured via provisions in secondary law;
2018/09/17
Committee: AFCO
Amendment 59 #

2018/2093(INI)

Motion for a resolution
Paragraph 9
9. Insists that differentiation should not be permissible when it comes to the respect of existing fundamental rights and values and in policy areas where non- participating Member States could create negative externalities, such as economic and social dumping; Dunderlines in that matter that respect for and the safeguarding of the EU’s fundamental values are the cornerstone of the European Union as a community based on values and that they bind the Member States together; demands that any potential centrifugal effects, including in the long run, are carefully examined by the Commission when it submits a proposal for enhanced cooperation;
2018/09/17
Committee: AFCO
Amendment 76 #

2018/2093(INI)

14. Underlines that flexibility and differentiation should go hand in hand with a reinforcement of common rules in core areas in order to ensure that differentiation does not lead to political fragmentation; Therefore, considers necessary the existence, in a future European institutional framework, of European Pillars of Political, Economic, Social and Environmental rights that would not be possible to evade;
2018/09/17
Committee: AFCO
Amendment 84 #

2018/2093(INI)

Motion for a resolution
Paragraph 15
15. Suggests, when competences attribution allows it, permitting regions to participate in cases of enhanced cooperation; also proposes considering to opening enhanced cooperation to the participation of candidate countries on a case-by-case basis;
2018/09/17
Committee: AFCO
Amendment 88 #

2018/2093(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Recalls that the EMU is established by the Union, whose citizens are directly represented at Union level by Parliament, which has to find and be able to implement ways to guarantee the parliamentary democratic accountability of euro area-specific decisions, while preserving the independence of the ECB;
2018/09/17
Committee: AFCO
Amendment 26 #

2018/2080(INL)

Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 6
Where the institution, body, office or agency concerned withholds permission from its officials or other servants to testify to specific matters, it shall state the reasons to the Ombudsman and, where possible, propose alternative modalities of information-sharing.deleted
2018/12/19
Committee: AFCO
Amendment 28 #

2018/2080(INL)

Motion for a resolution
Annex - article 3 – paragraph 4
4. In so far as their national law allows, the competent authorities of the Member States shall, at the request of the Ombudsman or on their own initiative, transmit to the Ombudsman any information or document that may help to clarify instances of maladministration by Union institutions, bodies, offices or agencies in a preferential and urgent manner. Where such information or document is covered by national law on the processing of confidential information or by provisions preventing its being communicated, the Member State concerned may allow the Ombudsman to have access to this information provided that he or she undertakes not to divulge it.
2018/12/19
Committee: AFCO
Amendment 31 #

2018/2080(INL)

Motion for a resolution
Annex - article 3 – paragraph 6
6. If the Ombudsman finds there has been maladministration, he or she shall inform the institution, body, office or agency concerned, where appropriate making draft recommendations. The institution, body, office or agency so informed shall send the Ombudsman a detailed opinion within three months. The Ombudsman may, upon request of the institution, body, office or agency concerned, grant an extension of maximum two months. When no opinion is delivered by the institution, body, office or agency concerned within the three months or within the extended deadline, the Ombudsman may close the inquiry without an opinion.
2018/12/19
Committee: AFCO
Amendment 44 #

2018/2080(INL)

Motion for a resolution
Annex - article 4 – paragraph 2 – subparagraph 2
The Ombudsman may also notify the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff as well as any persistent activity hampering the ongoing inquiry.
2018/12/19
Committee: AFCO
Amendment 16 #

2018/2056(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas, according to the Atradius Barometer, 95% of SMEs say that they are paid late in Europe, which is a higher proportion than large companies, thus allowing to conclude that SMEs tend to pay quicker than large companies but get paid later;
2018/10/17
Committee: IMCO
Amendment 19 #

2018/2056(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas late payments create additional costs for companies as they have to invest resources into chasing late payers or they have to pay interest on the credit contracted in order to continue business operations;
2018/10/17
Committee: IMCO
Amendment 23 #

2018/2056(INI)

Motion for a resolution
Recital O
O. whereas given the variety of factors leading to late payment (i.e.late payment is a multi- factored, complex problem caused by horizontal drivers, common across all sectors and across transactions (such as cash-flow issues, imbalances of power and size between companies, supply chain structure, administrative inefficiency, poor access to credit, lack of knowledge of invoice and credit management) and by the influence of external factors (i.e. the economic situation and national business culture), it is not possible to distinguish one solution that would solve all issues;
2018/10/17
Committee: IMCO
Amendment 29 #

2018/2056(INI)

Motion for a resolution
Paragraph 1
1. BelievesConsiders that EU legislation on late payments and the Commission's follow up action on infringements since the adoption of the 2011 Late Payments Directive has brought about a change in culture in public administrations across the EU, characterised by a general decline in payment delays; believes, however, that both the Late Payment Directive and national legislation on late payment should be better enforced through measures aimed at improving rules on payment terms and discouraging unfair practices; notes that these measures can be categorised according to their nature (legal or voluntary), scope (horizontal or sector- specific) and objective (preventive, remedial or change in business culture);
2018/10/17
Committee: IMCO
Amendment 32 #

2018/2056(INI)

Motion for a resolution
Paragraph 2
2. Maintains that there is no one- size-fits-all approach to tackling the issue of late payments, as in some sectors longer payment deadlines, beyond 30 or 60 days, are in line with the needs of businesses and an accepted practice, taking into account the specificities of each sector; considers that it is also important to respect the freedom of contract between undertakings on the market;deleted
2018/10/17
Committee: IMCO
Amendment 38 #

2018/2056(INI)

Motion for a resolution
Paragraph 3
3. Believes that in sectors particularly vulnerable to long payment terms, Member States cshould consider establishing stricter payment terms as a general rule; notes that some Member States have limited the standard payment term to 30 days (instead of the 60 days set out in the Late Payment Directive), while only a few Member States have introduced maximum payment terms (from which the parties cannot derogate); notes furthermore that at sector level the introduction of maximum payment terms is more common; considers that legislation setting out stricter payment terms would be effective in reducing payment terms to some extent and, provided that it is enforced, would create a level playing field between large and small companies; believes that legislation defining payment terms differentiated by category of products or services is relevant in promoting fair practices and addressing sectoral specificities;
2018/10/17
Committee: IMCO
Amendment 46 #

2018/2056(INI)

Motion for a resolution
Paragraph 4
4. Points out that the introduction of the mandatory publication of information in specific databases and registries concerning payment behaviour can discourage late payment and help businesses choose reliable commercial partners; considers that the ‘name and shame’ factor, peer-pressure provisions and public access to information can be an incentive for companies to improve their payment practices and uphold their monetary obligations;
2018/10/17
Committee: IMCO
Amendment 54 #

2018/2056(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of providing entrepreneurs, in particular SMEs, with more information and education on credit and invoice management; recalls that effective credit management shortens the average collection period and maintains an optimal cash flow, thus reducing the risk of default and increasing the potential for growth; believes that training and support may also make SMEs more likely to takeare likely to make SMEs take better advantage of Late Payment Directive remedies; notes that SMEs unfortunately often lack the capacity to invest in training and that there are currently no programmes at EU or national level focusing on enhancing businesses’ knowledge of credit and invoice management; believes that more EU funds should possibly be directed towards the financial education of SMEs and urges therefore Member States´ authorities to step up their efforts in providing further training for SMEs in credit management;
2018/10/17
Committee: IMCO
Amendment 61 #

2018/2056(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls, in particular among large companies, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), thus contributing to the improvement of payment behavior; maintains that direct intervention from the public authorities, since it is they who enforce administrative sanctions, could help to overcome the ‘fear factor’ and relieve creditors of the responsibility to take action against debtors, as the authorities would directly enforce the law and take discretionary action against enterprises engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter companies from paying late, while public access to information (publication of sanctions) could directly harm the company’s image;
2018/10/17
Committee: IMCO
Amendment 99 #

2018/2056(INI)

Motion for a resolution
Paragraph 20
20. Calls on theUrges Member States to improve their legislation and promote theensure proper implementation of the Late Payment Directive in all its parts by bringing their relevant legislation, including the implementing secondary provisions in line with the rules of the directive;
2018/10/17
Committee: IMCO
Amendment 2 #

2018/2046(BUD)

Draft opinion
Paragraph 1
1. Recalls that sustainable growth and investment is the key to creation of quality jobsdecent jobs leading to quality employment and increased prosperity for all and that it is necessary to direct the structural funds and investments more effectively towards promoting inclusive growth, reducing inequalities and boosting upward social convergence;
2018/07/26
Committee: EMPL
Amendment 4 #

2018/2046(BUD)

Draft opinion
Paragraph 6 b (new)
6b. Deplores that the Commission continuously uses money from existing budget lines to finance newly created funds, which are outside the Union budget and are thus not subject to parliamentary scrutiny;
2018/06/22
Committee: AFCO
Amendment 6 #

2018/2046(BUD)

Draft opinion
Paragraph 2
2. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area and the successful implementation of the European Pillar of Social Rights, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty, in particular child poverty; highlights the need for continued support for the inclusion of migrants; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014-2020 multiannual financial framework (MFF);
2018/07/26
Committee: EMPL
Amendment 15 #

2018/2046(BUD)

Draft opinion
Paragraph 6
6. Welcomes the proposal to increase the commitment appropriations for the FEAD and the EGF (+2% for each); regretnotes, however, the decrease (-60%) of the payment appropriations for the EGF, as well as the decreases (respectively 1.5% and -0.4%) of the commitment and payment appropriation for the EaSI;
2018/07/26
Committee: EMPL
Amendment 29 #

2018/2046(BUD)

Draft opinion
Paragraph 10
10. Welcomes the creation of the European Labour Authority, which is expected to begin operating in 2019; highlights the need to provide for additionalppropriate funding to ensure that sufficient financial resources are set aside for its establishment; regrets that the funding proposed by the Commission (EUR 11 million, appropriations are to be entered into the reserve until such time as the basic act is adopted by the legislator) is of a lower magnitude than the one of other EU agencies in the area of employment and social affairs; insists that this funding cannot be accomplished by redeploying allocations from the other employment and social affairs agencies;
2018/07/26
Committee: EMPL
Amendment 7 #

2018/2024(BUD)

Draft opinion
Paragraph 2
2. Recalls that robust recovery and sustainable growth are key factors to creating quality jobsdecent jobs leading to quality employment, increasing prosperity and boosting upward social convergence, and that the European structural and investment funds should be directed more effectively towards promoting inclusive growth, fostering social cohesion and reducing inequalities, supporting structural reforms and reducing inequalities; emphasizes the importance of research and innovation for stimulating growth and job creation;
2018/05/25
Committee: EMPL
Amendment 13 #

2018/2024(BUD)

Draft opinion
Paragraph 3
3. Underlines the importance of adequate funding for the programmes and initiatives within the 2014-2020 MFF that seek to address unemployment, poverty and social exclusion, and especially those aimed at the most disadvantaged in society, such as the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the various axes of the Programme for Employment and Social Innovation (EaSI), the separate budget lines supporting European social dialogue and workers’ organisSMEs as a source for job creations, and the Fund for European Aid to the Most Deprived (FEAD); insists, therefore, that the resources of these programmes should be increasedmaintained at adequate level for the 2019 budget, or at least maintained at the levels of the previous year;
2018/05/25
Committee: EMPL
Amendment 24 #

2018/2024(BUD)

Draft opinion
Paragraph 5
5. Reiterates that pilot projects and preparatory actions are very valuable tools for initiating new activities and policies; stresses that a number of ideas presented by the Committee on Employment and Social Affairs have been successfully implemented as pilot projects or preparatory actions; calls for a preparatory action on the reduction of youth unemployment and the setup of co- operatives, as a follow-up to a successfully implemented pilot project in this area; calls for Parliament to be given regular and detailed updates on the various stages of the implementation of pilot projects and preparatory actions by the Commission, and calls on the Commission for its part, when implementing these projects and actions, to respect their contents, as agreed and approved by Parliament and the Council;
2018/05/25
Committee: EMPL
Amendment 22 #

2018/2023(INI)

Draft opinion
Paragraph 5
5. Urges the Commission and the Member States to step up financial support for the deployment of alternative fuels infrastructure; notes the relevance of priority-setting in the next MFF; calls on the Member States to acknowledge the positive effects of fiscal incentives for the market up-take of alternative fuel vehicles, as demonstrated by the practice in the Netherlands and Norway.
2018/04/26
Committee: IMCO
Amendment 30 #

2018/2023(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Supports a technologically neutral approach, with a particular focus on reducing greenhouse gas emissions; states that the roll-out of digitally connected alternative fuel infrastructure should be regarded in conjunction with the actual number of alternative fuel vehicles.
2018/04/26
Committee: IMCO
Amendment 33 #

2018/2023(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Encourages the Commission to take advantage of the synergies between European transport, energy and digitalization policies for instance in relation to smart charging and Intelligent Transport Systems.
2018/04/26
Committee: IMCO
Amendment 20 #

2018/2008(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas to fully reap the benefits of the internal market, the better application of existing EU food and consumer legislation to identify and address unjustified dual standards and thus protect the consumers against misleading information and commercial practices is crucial;
2018/04/18
Committee: IMCO
Amendment 22 #

2018/2008(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas there is a continuous need to strengthen the role of consumer associations in this regards; whereas consumer associations play an unique role in guaranteeing consumers 'confidence and need to be further supported through additional legal and economic measures and capacity building;
2018/04/18
Committee: IMCO
Amendment 26 #

2018/2008(INI)

Motion for a resolution
Paragraph 1
1. Underlines that results of varinumerous tests and surveys conducted in several Member States have proven that there are differences, inter alia in composition and ingredients or substances used, between products which are advertised and distributed in the single market under the same brand and with the sameidentical packaging;
2018/04/18
Committee: IMCO
Amendment 31 #

2018/2008(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Recalls that based on these findings, consumers are concerned about discrimination between different Member States markets; underlines that any type of such discrimination is not acceptable and all EU consumers should enjoy access to the equivalent level of quality of products;
2018/04/18
Committee: IMCO
Amendment 33 #

2018/2008(INI)

Motion for a resolution
Paragraph 2
2. Highlights that the cases when such significant differences were reported concern not only food products but frequently also non-food products, including detergents, cosmetics, toiletries and products intended for babies;
2018/04/18
Committee: IMCO
Amendment 49 #

2018/2008(INI)

Motion for a resolution
Paragraph 5
5. Takes note of the mandate given to the High Level Forum for a Better Functioning Food Supply Chain to address the issue of dual quality; encourages Member States and their competent authorities to actively participate in ongoing initiatives, including the development of a common methodology and collection of further evidence; emphasizes that the key for tackling this problem in practice is an effective and swift cross-border cooperation of relevant authorities including information exchange on potentially non-compliant products;
2018/04/18
Committee: IMCO
Amendment 82 #

2018/2008(INI)

Motion for a resolution
Paragraph 10
10. Considers that the Notice is perceived as primarily intended for foodstuffs; believes that provisions on the application of consumer protection law should be applied to all products available in the single market in general;
2018/04/18
Committee: IMCO
Amendment 113 #

2018/2008(INI)

Motion for a resolution
Paragraph 16
16. Points out that national competent authorities can select samples and perform tests only on the territory of their Member State; stresses the importance, therefore, ofhighlights the need for enhanced, effective and transparent cooperation between national consumer protection and food authorities, consumers associations and the Commission; welcomes the adoption of the revised Consumer Protection Cooperation Regulation11 in this regard; _________________ 11 Regulation (EU) 2017/2394; OJ L 345, 27.12.2017, p. 1.
2018/04/18
Committee: IMCO
Amendment 120 #

2018/2008(INI)

Motion for a resolution
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlightsstresses the importance of the role of industry in improving transparency with regard to product composition; calls for even stronger involvement of both producers and retailers which will help to find effective remedy to the current situation without triggering enforcement procedures;
2018/04/18
Committee: IMCO
Amendment 129 #

2018/2008(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Believes that it is in the interest of all relevant stakeholders, both private and public, to identify as soon as possible workable solutions which would enable European consumers to access same quality products within the entire single market; recalls that consumers´ confidence in suppliers and retailers and, above all, in the functioning of the EU internal market is at stake;
2018/04/18
Committee: IMCO
Amendment 135 #

2018/2008(INI)

Motion for a resolution
Paragraph 18
18. Invites consumer organisations to play an active role in the public debate and in informing consumers; calls on the Commission and the Member States to promote and strengthen through financial and legal mechanism the role of consumers associations and to establish regular communication on this issue; believes that enhanced cross- border exchange of information between consumers associations, but also relevant authorities should be promoted;
2018/04/18
Committee: IMCO
Amendment 147 #

2018/2008(INI)

Motion for a resolution
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level; reiterates therefore the need for an effective cross- border cooperation and calls on the Commission and Member States to engage in it more intensively;
2018/04/18
Committee: IMCO
Amendment 169 #

2018/2008(INI)

Motion for a resolution
Paragraph 21
21. Recalls that Annex I to the UCPD was drawn up to enable the identification of certain unfair practices and the provision of a more immediate response; agrees with the Commission that listing a practice in Annex I leads to greater legal certainty;
2018/04/18
Committee: IMCO
Amendment 179 #

2018/2008(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission, therefore, to amend Annex I to the UCPD by introducing another item onto the ‘blacklist’dual quality of products into its scope;
2018/04/18
Committee: IMCO
Amendment 183 #

2018/2008(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to extend the mandate given to the Joint Research Centre to work on a harmonised methodology for comparing characteristics of non-food products in the near future; JRC should also reach out for a cooperation to Member States authorities which has already undertaken their own testing of products for exchange of best practices in this area;
2018/04/18
Committee: IMCO
Amendment 2 #

2018/0336(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) When the Authority imposes a sanction on the European political party or foundation pursuant to the verification procedure, it shall take due account of the ne bis in idem principle, to avoid that the same infringement is sanctioned twice, on the national level following the decision of the supervisory authority, and on the European level following the verification procedure.
2018/11/20
Committee: AFCO
Amendment 6 #

2018/0336(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 1141/2014
Article 10a – paragraph 1
If the Authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council17 adopted pursuant to Article 58(2) of Regulation (EU) 2016/679 or of a decision of the European Data Protection Supervisor established in accordance with Article 52 of Regulation (EU) [2018/xxxx (45/2001)] of the European Parliament and of the Council adopted pursuant to [Article 58(2)] of Regulation [2018/xxxx(45/2001)] finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision, or where there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by Article 11. The committee shall give an opinion as to whether the European political party or the European political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of that infringement. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority. _________________ 17 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).
2018/11/20
Committee: AFCO
Amendment 10 #

2018/0336(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU, Euratom) No. 1141/2014
Article 11 – paragraph 3 – subparagraph 1 – second sentence
When requested by the Authority, the committee shall give an opinion on whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data. In both cases the committee may request any relevant document and evidence from the Authority, the European Parliament, the European political party or European political foundation concerned, other political parties, political foundations or other stakeholders, and it may request to hear their representatives. In the case of opinions on whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data, the supervisory authorities referred to in the Article 10(a) shall cooperate with the committee in accordance with applicable law and in compliance with the duty of professional secrecy as laid down in Article54(2) of Regulation (EU) 2016/679 and in [Article 56] of Regulation [2018/xxxx (45/2001)].
2018/11/20
Committee: AFCO
Amendment 13 #

2018/0336(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 2 – point a – point vii
(vii) where, in accordance with Article 10a, the committee issues an opinion finding that a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on the protection of personal data. In this case, due account shall be taken of the ne bis in idem principle;
2018/11/20
Committee: AFCO
Amendment 14 #

2018/0336(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a a (new)
Regulation (EU, Euratom) No 1141/2014
Article 27 – paragraph 2 – point b a (new)
(aa) in paragraph 2 the following point is added: “(ba) in the situation referred to in point (a) (vii) of Article 27, where the natural person has been found also to be responsible for the facts and conduct in question pursuant to the procedure established in Article 10a.”
2018/11/20
Committee: AFCO
Amendment 116 #

2018/0331(COD)

Proposal for a regulation
Recital 7
(7) This Regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, as well as the freedom of the press and pluralism of the media, which constitutes one of the essential foundations of a pluralist, democratic society, and is one of the values on which the Union is founded. Measures constituting interference in the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.
2019/01/28
Committee: IMCO
Amendment 119 #

2018/0331(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) This Regulation should not have the effect of modifying the obligation for Member States to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union. Those fundamental rights include the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities. Any restrictions to the exercise of these fundamental rights within the framework of this Regulation should be prescribed by law and should be necessary in a democratic society, with the aim of fulfilling the aims of this Regulation.
2019/01/28
Committee: IMCO
Amendment 120 #

2018/0331(COD)

Proposal for a regulation
Recital 7 b (new)
(7 b) This Regulation should respect the fundamental rights and observe the principles recognised in the European Convention on Human Rights and in the case-law of the European Court of Human Rights. In particular, in its judgment of 24 November 2011 the European Court of Human Rights concluded that European Union law, and in particular Directive 2000/31/EC1a and the applicable fundamental rights, precluded an injunction imposed on an Internet service provider to introduce a system for filtering all electronic communications passing via its services, applied indiscriminately to all its customers, as a preventive measure, exclusively at its expense and for an unlimited period. _________________ 1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')
2019/01/28
Committee: IMCO
Amendment 123 #

2018/0331(COD)

Proposal for a regulation
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. That right can be invoked before the court of the Member State where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
2019/01/28
Committee: IMCO
Amendment 124 #

2018/0331(COD)

Proposal for a regulation
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commissi or promotes the participation in activities of a terrorist group. The definition includes content that provides guidance for the making and use of explosives, firearms or other weapons of such offer noxious or hazardous substances as well as CBRN substances, or promotes the participation in activities of a terrorist group. Such informationon other methods and techniques, including the selection of targets, for the purpose of committing terrorist offences. Such material includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, jcournalisticnter-narrative or research purposes should be adequately protected, striking a fair balance between fundamental rights including in particular the freedom of expression and information and public security needs. Where the disseminated material is published under the editorial responsibility of the content provider, any decision as to the removal of such content should take into account the journalistic standards established by press and/or media regulation consistent with the law of the Union and the right to freedom of expression and the right to freedom and pluralism of the media as enshrined in Article 11 of the Charter of Fundamental Rights. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
2019/01/28
Committee: IMCO
Amendment 138 #

2018/0331(COD)

Proposal for a regulation
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order. IWithout prejudice to the requirement to preserve data under Article 7 of this Regulation, or under the [draft e-evidence legislation], it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union. This should have the effect of preventing access or at least of making it difficult to achieve and of seriously discouraging internet users who are using their services from accessing the content to which access was disabled.
2019/01/28
Committee: IMCO
Amendment 144 #

2018/0331(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) The removal order should include a classification of the relevant content as terrorist content and contain sufficient information so as to locate the content, by providing a URL and any other additional information, such as a screenshot of the content in question. The competent authority should also provide a supplementary statement of reasons, as to why the content is considered terrorist content. The reasons provided need not contain sensitive information, which could jeopardise investigations. The statement of reasons should however allow the hosting service provider and, ultimately, the content provider to effectively exercise their right to judicial redress.
2019/01/28
Committee: IMCO
Amendment 151 #

2018/0331(COD)

Proposal for a regulation
Recital 16
(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling the reappearance of terrorist content which has previously been removed or to which access has been disabled because it is considered to be terrorist content online. With a view to reducing the accessibility of terroristsuch content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
2019/01/28
Committee: IMCO
Amendment 154 #

2018/0331(COD)

Proposal for a regulation
Recital 17
(17) When putting in place such additional proactive measures voluntarily, hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved. In addition to any requirement laid down in the law, including the legislation on protection of personal data, hosting service providers should act with due diligence and implement safeguards, including notably human oversight and verifications, where appropriate, to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content. This is of particular relevance when hosting service providers use automated means to detect terrorist content. Any decision to use automated means, whether taken by the hosting service provider itself or pursuant to a request by the competent authority, should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights.
2019/01/28
Committee: IMCO
Amendment 156 #

2018/0331(COD)

Proposal for a regulation
Recital 18
(18) In order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services, the competent authorities should request hosting service providers having received a removal order, which has become final, to report on the proactive measures taken. These could consist of measures to prevent the re-upload of terrorist content, removed or access to it disabled as a result of a removal order or referrals they received, checking against publicly or privately-held tools containing known terrorist content. They may also employ the use of reliable technical tools to identify new terrorist content, either using those available on the market or those developed by the hosting service provider. The service provider should report on the specific proactive measures in placeThe service provider should report on the proactive measures voluntarily taken in order to allow the competent authority to judge whether the measures are effective and proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification. In assessing the effectiveness and proportionality of the measures, competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider, their economic capacity and the impact of its service in disseminating terrorist content (for example, taking into account the number of users in the Union).
2019/01/28
Committee: IMCO
Amendment 164 #

2018/0331(COD)

Proposal for a regulation
Recital 25
(25) Complaint procedures constitute a necessary safeguard against erroneous removal of content, as a consequence of measures taken pursuant to the hosting service provider's terms and conditions protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds. Furthermore, content providers, whose content has been removed following a removal order, should have a right to an effective remedy in accordance with Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union.
2019/01/28
Committee: IMCO
Amendment 175 #

2018/0331(COD)

Proposal for a regulation
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non-compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When assessing the nature of the breach and deciding upon applying penalties, full respect should be given to fundamental rights, such as the freedom of expression. When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content. When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States should ensure that penalties do not encourage the removal of content which is not terrorist content.
2019/01/28
Committee: IMCO
Amendment 194 #

2018/0331(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2 a. Member States may establish conditions required by, and in accordance with, fundamental principles relating to the freedom of the press and the freedom and pluralism of the media.
2019/01/28
Committee: IMCO
Amendment 205 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
(3) 'to offer services in the Union’ means: enabling legal or natural persons in one or more Member States to use the services of the hosting service provider which has a substantial connection to that Member State or Member States, such as the establishment of the hosting service provider in the Union; In the absence of such an establishment, the assessment of a substantial connection shall be based on specific factual criteria, such as:
2019/01/28
Committee: IMCO
Amendment 206 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
(a) establishment of the hosting service provider in the Union;deleted
2019/01/28
Committee: IMCO
Amendment 207 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
(b) a significant number of users in one or more Member States;
2019/01/28
Committee: IMCO
Amendment 209 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offences as definne of the intentional acts listed in Article 3(1) of Directive (EU) 2017/541;
2019/01/28
Committee: IMCO
Amendment 210 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following information:refers to the offences committed intentionally and unlawfully as defined in Articles 5 to 7 in Directive 2017/541 on combating terrorism.
2019/01/28
Committee: IMCO
Amendment 216 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such acts be committed;deleted
2019/01/28
Committee: IMCO
Amendment 223 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
(b) encouraging the contribution to terrorist offences;deleted
2019/01/28
Committee: IMCO
Amendment 229 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
(c) promoting the activities of a terrorist group, in particular by encouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;deleted
2019/01/28
Committee: IMCO
Amendment 231 #

2018/0331(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
(d) instructing on methods or techniques for the purpose of committing terrorist offences.deleted
2019/01/28
Committee: IMCO
Amendment 245 #

2018/0331(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Hosting service providers shall include in their terms and conditions that they will not store terrorist content, and apply, provisions to prevent the dissemination of terrorist content.
2019/01/28
Committee: IMCO
Amendment 252 #

2018/0331(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it.
2019/01/28
Committee: IMCO
Amendment 270 #

2018/0331(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Upon request by the hosting service provider or by the content provider, the competent authority shall, within a reasonable time, provide a detailed supplementary statement of reasons, explaining why the content is considered terrorist content, without prejudice to the obligation of the hosting service provider to comply with the removal order within the deadline set out in paragraph 2.
2019/01/28
Committee: IMCO
Amendment 292 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Hosting service providers shallmay, where appropriate, take proactive measures to protect their services against the dissemination ofreappearance of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society.
2019/01/28
Committee: IMCO
Amendment 297 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1 a. The hosting service provider, on its own initiative or upon request from the competent authority of its Member State of establishment, should report on the specific voluntary measures in place in order to allow such authority to judge whether the measures are proportionate and whether, if automated means are used, the hosting service provider has the necessary abilities for human oversight and verification.
2019/01/28
Committee: IMCO
Amendment 298 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where it has been informed according to Article 4(9), the competent authority referred to in Article 17(1)(c) shall request the hosting service provider to submit a report, within three months after receipt of the request and thereafter at least on an annual basis, on the specific proactive measures it has taken, including by using automated tools, with a view to: (a) preventing the re-upload of content which has previously been removed or to which access has been disabled because it is considered to be terrorist content; (b) detecting, identifying and expeditiously removing or disabling access to terrorist content. Such a request shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The reports shall include all relevant information allowing the competent authority referred to in Article 17(1)(c) to assess whether the proactive measures are effective and proportionate, including to evaluate the functioning of any automated tools used as well as the human oversight and verification mechanisms employed.deleted
2019/01/28
Committee: IMCO
Amendment 304 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where the competent authority referred to in Article 17(1)(c) considers that the proactive measures taken and reported under paragraph 2 are insufficient in mitigating and managing the risk and level of exposure, it may request the hosting service provider to take specific additional proactive measures. For that purpose, the hosting service provider shall cooperate with the competent authority referred to in Article 17(1)(c) with a view to identifying the specific measures that the hosting service provider shall put in place, establishing key objectives and benchmarks as well as timelines for their implementation.deleted
2019/01/28
Committee: IMCO
Amendment 308 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall take into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).deleted
2019/01/28
Committee: IMCO
Amendment 313 #

2018/0331(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. A hosting service provider may, at any time, request the competent authority referred to in Article 17(1)(c) a review and, where appropriate, to revoke a request or decision pursuant to paragraphs 2, 3, and 4 respectively. The competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider.deleted
2019/01/28
Committee: IMCO
Amendment 362 #

2018/0331(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. An appeal as referred to in Article 4(9) shall be lodged with the court of the Member State where the hosting provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
2019/01/28
Committee: IMCO
Amendment 12 #

2018/0258(COD)

Proposal for a regulation
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points. To ensure that the overall strength is increased as well as convergence in the performance of customs control by Member States, a clear definition of and strategy related to the weakest points is required.
2018/11/14
Committee: IMCO
Amendment 15 #

2018/0258(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) An inventory and equipment assessment at the EU land border by CELBET, the Central and South-Eastern Land Border Expert Team, took two years to complete. Whereas a similar assessment of EU’s ports, airports and postal hubs is not yet launched and its findings cannot be used as a basis for a standardisation for other types of customs control points.
2018/11/14
Committee: IMCO
Amendment 22 #

2018/0258(COD)

Proposal for a regulation
Recital 6
(6) It is therefore opportune to establish a new Instrument for financial support for customs control equipment. Already existing formulas of financial support should be considered.
2018/11/14
Committee: IMCO
Amendment 23 #

2018/0258(COD)

Proposal for a regulation
Recital 7
(7) As customs authorities of the Member States have been taking up an increasing number of responsibilities, which often extend to the field of security and take place at the external border, ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. It is equally important to promote inter-agency cooperation, including on cybersecurity, at Union borders as regards controls of goods and controls of persons among the national authorities in each Member State that are responsible for border control or for other tasks carried out at the border.
2018/11/14
Committee: IMCO
Amendment 25 #

2018/0258(COD)

Proposal for a regulation
Recital 11
(11) This Regulation lays down a financial envelope for the Instrument, which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management21 , for the European Parliament and the Council during the annual budgetary procedure. To secure budgetary discipline, the conditions for how the grants will be prioritized should be clear, defined and based on identified needs for the tasks performed by Customs Points.
2018/11/14
Committee: IMCO
Amendment 26 #

2018/0258(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) It should be noted that the financial envelope for this instrument was established prior to the finalisation of an assessment of needs.
2018/11/14
Committee: IMCO
Amendment 33 #

2018/0258(COD)

Proposal for a regulation
Recital 15
(15) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX]25 will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/162426, thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment. To ensure that any instrument or equipment financed by the fund is in permanent custody of the designated customs point that owns the equipment, a clear definition of co- sharing and interoperability between customs and border authorities shall be prepared.
2018/11/14
Committee: IMCO
Amendment 36 #

2018/0258(COD)

Proposal for a regulation
Recital 16
(16) By way of derogation from the Financial Regulation, funding of an action by several Union programmes or instruments should be possible in order to allow and support, where appropriate, cooperation and interoperability across domains. However, in such cases, the contributions may not cover the same costs in accordance with the principle of prohibition of double funding established by the Financial Regulation. If a Member State has already been awarded or has received contributions from another Union programme or support from an EU fund for the acquisition of the same equipment, that contribution or support shall be listed in the application.
2018/11/14
Committee: IMCO
Amendment 44 #

2018/0258(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase, maintenance and upgrade of relevant, state-of-the-art and reliable customs control equipment. An additional objective is to improve equivalence in the performances of customs controls throughout Member States to avoid the diversion of goods towards weaker points in the EU.
2018/11/14
Committee: IMCO
Amendment 51 #

2018/0258(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Customs control equipment financed under this Instrument should primarily be used for customs controls, but may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation.
2018/11/14
Committee: IMCO
Amendment 56 #

2018/0258(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
(a a) Costs relating to training or the upgrading of skills necessary for the use of the equipment;
2018/11/14
Committee: IMCO
Amendment 60 #

2018/0258(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part
The preparation of the work programmes referred to in paragraph 1 shall be supported by an assessment of needs, which shall consist of the following at a minimum:
2018/11/14
Committee: IMCO
Amendment 39 #

2018/0254(COD)

Proposal for a regulation
Recital -1 (new)
(-1) The EU’s geopolitical context has changed dramatically in the last decade. The situation in Europe's neighbouring regions is unstable and the EU faces a complex and challenging environment combining the emergence of new threats like hybrid and cyber-attacks and the return of more conventional challenges. Faced with this context both European citizens and their political leaders share the view that more has to be done collectively to defend ourselves. 75% of Europeans support a common defence and security policy. In the joint declaration of 25 March 2017 in Rome, leaders of 27 Member States and the European Council, the European Parliament and the European Commission stated that the Union will strengthen its common security and defence and foster a more competitive and integrated defence industry.
2018/10/11
Committee: IMCO
Amendment 40 #

2018/0254(COD)

Proposal for a regulation
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence technological and industrial capabilities to respond to security challenges, as well as to foster a competitive, innovative and efficient European defence industry and the creation of a true and integrated European defence market. It proposed in particular to launch a European Defence Fund (the 'Fund') to support investments in joint research and the joint development of defence products and technologies, thus fostering synergies and cost-effectiveness, and to promote the Member States’ joint purchase and maintenance of defence equipment. This Fund would complement national funding already used for this purpose and should act as an incentive for Member States to cooperate and invest more in defence. The Fund would support cooperation during the whole cycle of defence products and technologies.
2018/10/11
Committee: IMCO
Amendment 41 #

2018/0254(COD)

Proposal for a regulation
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence technological and industrial capabilities to respond to security challenges, as well as to foster a competitive, innovative and, efficient European defence industry and to create a more integrated defence market in Europe. It proposed in particular to launch a European Defence Fund (the 'Fund') to support investments in joint research and the joint development of defence products and technologies, thus fostering synergies and cost-effectiveness, and to promote the Member States’ joint purchase and maintenance of defence equipment. This Fund would complement national funding already used for this purpose and should act as an incentive for Member States to cooperate and invest more in defence. The Fund would support cooperation during the whole cycle of defence products and technologies.
2018/10/11
Committee: IMCO
Amendment 43 #

2018/0254(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) On 7 June 2017, the Commission adopted a Communication launching the European Defence Fund. A two-step approach was proposed: firstly, to test the approach, initial financing for both research and development has been made available under the 2014-2020 Multi- Annual Financial Framework ('MFF') by the adoption of Regulation (EU) 2018/10921a; secondly, a dedicated Fund would be established under the MFF 2021-2027 scaling up the funding for collaborative research in innovative defence products and technologies and for subsequent stages of the development cycle, including the development of prototypes. There should be a consistent and coherent approach between those two steps. _________________ 1a Regulation (EU) 2018/1092 of the European Parliament and of the Council of 18 July 2018 establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovation capacity of the Union's defence industry
2018/10/11
Committee: IMCO
Amendment 44 #

2018/0254(COD)

Proposal for a regulation
Recital 1 b (new)
(1 b) The defence sector is characterised by increasing costs of defence equipment and by high R&D costs that limit the launch of new defence programmes and directly impact on the competitiveness and innovation capacity of the EU industry. In view of the cost escalation, of the magnitude of non-recurring R&D expenses and of the small series that can be procured nationally, the development of a new generation of major defence systems and of new defence technologies is increasingly beyond the reach of single EU Member States.
2018/10/11
Committee: IMCO
Amendment 45 #

2018/0254(COD)

Proposal for a regulation
Recital 1 c (new)
(1 c) The situation of the defence sector has been further exacerbated by important cuts in defence budgets across Europe in the past 10 years, affecting in particular R&D and equipment expenditures. Between 2006 and 2013 real defence expenditure levels in the EDA participating Member States were reduced by 12%. Considering that defence R&D is the basis for the development of the future cutting edge defence technologies, such trends are particularly worrying and pose a serious challenge to the capacity to maintain EU’s defence industry competitiveness over the long term.
2018/10/11
Committee: IMCO
Amendment 46 #

2018/0254(COD)

Proposal for a regulation
Recital 1 d (new)
(1 d) Despite the interplay between increasing costs and decreasing spending, defence planning and defence spending on R&D and procurement of equipment has remained largely at national level with very limited cooperation between Member States in defence equipment investments. Additionally, when implemented, only few programs are also linked to EU capability priorities: In 2015 only 16% of equipment was procured through European collaborative procurement, far away from the agreed collective benchmark of 35%.
2018/10/11
Committee: IMCO
Amendment 49 #

2018/0254(COD)

Proposal for a regulation
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Fund should be established. The Fund should aim at enhancing the competitiveness, innovation, efficiency and autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. To achieve more innovative solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps).
2018/10/11
Committee: IMCO
Amendment 50 #

2018/0254(COD)

Proposal for a regulation
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Fund should be established. The Fund should aim at enhancing the competitiveness, innovation, efficiency and autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. This should also improve the efficiency of the single market in the defence sector which would ultimately mean better value for money for the Member States. To achieve more innovative and interoperable solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps).
2018/10/11
Committee: IMCO
Amendment 53 #

2018/0254(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) In order to achieve more innovative solutions and to foster an open internal market, the Fund should provide strong support to the cross-border participation of SMEs and middle capitalisation companies (mid-caps) and help create new market opportunities.
2018/10/11
Committee: IMCO
Amendment 55 #

2018/0254(COD)

Proposal for a regulation
Recital 8
(8) The difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross- border collaboration between Member States and between legal entities based in different Member States. The absence of such requirements, specifications and standards has led to increased fragmentation of the defence sector, technical complexity, delays and, inflated costs, unnecessary duplication of capabilities as well as decreased interoperability. The agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness. Activities of Member States leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the Fund.
2018/10/11
Committee: IMCO
Amendment 59 #

2018/0254(COD)

Proposal for a regulation
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least two different Member States and/or associated countrOn the top of it, a cooperation might include legal entities from an associated country. Legal eligible entities should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre-commercial procurement .
2018/10/11
Committee: IMCO
Amendment 63 #

2018/0254(COD)

Proposal for a regulation
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not bet should be possible to derogate from the principle that beneficiaries and subcontractors involved in an action are not subject to control by non-associateda third countriesy or non-associatedby a third- country entitiesy. In that perspective, legal entitiecontext, undertakings established in the Union that are controlled by a non-associated third country or a non-associatedby a third -country entity can be eligible ifshould be able to be eligible for funding provided that relevant and, strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled. The participation of such entitieundertakings should not contravene the objectives of the Fund. ApplicantProgramme. Beneficiaries should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action. Member States' concerns regarding security of supply should also be taken into account.
2018/10/11
Committee: IMCO
Amendment 73 #

2018/0254(COD)

Proposal for a regulation
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, rRegional and international priorities, including those in the North Atlantic Treaty Organisation context, mayust also be taken into account if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account that unnecessary duplication should be avoided.
2018/10/11
Committee: IMCO
Amendment 75 #

2018/0254(COD)

Proposal for a regulation
Recital 31
(31) The Commission should establish annual or multiannual work programmes in line with the objectives of the Fund. The work programme shall set out in detail the categories of projects to be funded under the Fund and their direct relation to the objectives set out in the Fund. The work programme shall also ensure that a credible proportion of the overall budget will benefit actions enabling the cross- border participation of SMEs, possibly on the basis of a specific project category focusing on SMEs cross-border participation. The Commission should be assisted in the establishment of the work programme by a committee of Member States. In order to benefit from its expertise in the defence sector, the European Defence Agency will be given the status of an observer in the committee. Given the specificities of the defence area, the European External Action Service should also assist in the committee of Member States.
2018/10/11
Committee: IMCO
Amendment 76 #

2018/0254(COD)

Proposal for a regulation
Recital 33
(33) In order to support an open internal market, participation oflight of the Union policy on SMEs and mid-caps as being key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the actions supported typically require trans-national collaboration, it is of importance that the work programme reflect and enable open and transparent cross- border SMEs and mid-caps, either as members of consortia or as subcontractors, should be encouragedaccess and participation of SMEs and mid-caps, and that therefore at least 20 % of the overall budget benefit such actions, allowing SMEs and mid-caps to be included in the value chains of the actions. A category of projects should be specifically dedicated to SMEs and mid-caps.
2018/10/11
Committee: IMCO
Amendment 80 #

2018/0254(COD)

Proposal for a regulation
Recital 38 a (new)
(38 a) The European Court of Auditors shall also consider value for money of projects financed by the Fund. The Commission must take these audits into account without undue delay.
2018/10/11
Committee: IMCO
Amendment 81 #

2018/0254(COD)

Proposal for a regulation
Recital 39
(39) Third countries which are members of the European Economic Area (EEA) may partiFree Trade Associpate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreemention (EFTA) and the United Kingdom may participate in Union programmes. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
2018/10/11
Committee: IMCO
Amendment 86 #

2018/0254(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) 'executive management structures' means any body or bodies,f an undertaking appointed in accordance with national law, which are empowered to set the legal entityand, where applicable, reporting to the chief executive officer, which is empowered to establish the undertaking's strategy, objectives and overall direction, and which oversees and monitors management decision-making;
2018/10/11
Committee: IMCO
Amendment 103 #

2018/0254(COD)

Proposal for a regulation
Article 4 – paragraph 4 a (new)
4 a. At least 20 % of the overall budget benefit actions that allow SMEs and mid- caps to be included in the value chains of the actions.
2018/10/11
Committee: IMCO
Amendment 115 #

2018/0254(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. Actions which are not ethically acceptable mayshall be rejected or terminated at any time.
2018/10/11
Committee: IMCO
Amendment 128 #

2018/0254(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) the control over the applicant will not be exercised in a manner that restricts in any way its it is not exclusively controlled by third countries or by entities estability to perform and complete the actionshed in third countries;
2018/10/11
Committee: IMCO
Amendment 132 #

2018/0254(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
(c a) all other relevant information about the infrastructure, facilities, assets and resources to be used in the action.
2018/10/11
Committee: IMCO
Amendment 133 #

2018/0254(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall cooperate only with legal entities established in the Union or in an associated country and not exclusively controlled by non-associated third countries or non- associated third country entities.
2018/10/11
Committee: IMCO
Amendment 136 #

2018/0254(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4 a. Where appropriate, and in order to achieve the objectives of the Programme, beneficiaries may cooperate with entities located in third countries, and especially if those have a relevant expertise for the action financed. However, the undertakings that cooperate with beneficiaries shall not be located in third countries that are not identified in the work programme.
2018/10/11
Committee: IMCO
Amendment 150 #

2018/0254(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole imp. On the top of it, a cooperation might include legal entities from associated countries. Legal eligiblem entaition of the action,es shall not be effectively controlled, directly or indirectly, by the same entity, and or shall not control each other.
2018/10/11
Committee: IMCO
Amendment 164 #

2018/0254(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
(f a) the proportion of the overall budget of the action to be allocated to the participation of SMEs established in the European Union, either as members of the consortium, subcontractors or as other undertakings in the supply chain;
2018/10/11
Committee: IMCO
Amendment 177 #

2018/0254(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1 a. The work programme shall set out in detail the categories of projects to be funded under the Programme and their direct relation to the objectives set out in Article 3.
2018/10/11
Committee: IMCO
Amendment 178 #

2018/0254(COD)

Proposal for a regulation
Article 27 – paragraph 1 b (new)
1 b. The work programme shall ensure that a credible proportion of the overall budget will benefit actions enabling the cross-border participation of SMEs, possibly on the basis of a specific project category focusing on SMEs cross-border participation.
2018/10/11
Committee: IMCO
Amendment 188 #

2018/0254(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identified and selected on the basis of open and transparent calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, universities, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] of the Financial Regulation, this list shall not be made public.
2018/10/11
Committee: IMCO
Amendment 190 #

2018/0254(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2 a. The Commission should ensure that its relevant rules on avoiding conflicts of interest are applied strictly.
2018/10/11
Committee: IMCO
Amendment 191 #

2018/0254(COD)

Proposal for a regulation
Article 29 – paragraph 2 b (new)
2 b. The Commission should endeavour to ensure that the experts are drawn from as broad a range of Member States as possible.
2018/10/11
Committee: IMCO
Amendment 195 #

2018/0254(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. The interim evaluation of the Fund shall be performed once there is sufficient information available about the implementation of the Fund, but no later than fourtwo years after the start of the Fund implementation. The interim evaluation report will include notably, an assessment of the governance of the Fund,- building on relevant consultations of Member States and key stakeholders - shall, in particular, assess the progress made towards the achievement of objectives set out in Article 3, while examining the efficiency and effectiveness of the supported actions in terms of financial implementation, rates, project award results including SMEs and mid-caps involvement and the degree of their cross- border participation, and funding granted in accordance with Article [195]esults, costs and, where possible, impacts. They shall also analyse the different award criteria as set out in Article 13 and provide relevant data, including information ofn the Financial Regulation by 31 July 2024. The Commission may submit proposals for any appropriate amendments to the present regulatioparticipation of SMEs and small mid- cap companies in the implemented projects and in the global value chain.
2018/10/11
Committee: IMCO
Amendment 196 #

2018/0254(COD)

Proposal for a regulation
Article 32 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluationssend the evaluations as referred to in paragraph 2 and 3, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
2018/10/11
Committee: IMCO
Amendment 197 #

2018/0254(COD)

Proposal for a regulation
Article 33 – paragraph 1
Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union Institutions or bodies, shall form the basis of the overall assurance pursuant to Article [127] of the Financial Regulation. The European Court of Auditors shall examine the accounts of all revenue and expenditure of the Union according to Article 287 TFEU including effectiveness of finances spent on projects suported by the Fund.
2018/10/11
Committee: IMCO
Amendment 32 #

2018/0232(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) For 50 years, the customs union, implemented by national customs authorities, has been a significant example of successful integration in the EU. The customs union covers all trade in goods. It has enabled the EU not only to remove internal borders but also to compete with the rest of the world. The EU's single market, which allows any business established in the EU to sell its goods and invest throughout the EU without any internal borders, would be impossible without the tariff-free environment provided by the customs union and the role the latter plays in overseeing imports and exports.
2018/11/19
Committee: IMCO
Amendment 33 #

2018/0232(COD)

Proposal for a regulation
Recital 2
(2) The customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders. Acting together, they work to facilitate trade and reduce red tape, collect revenues for national and Union budgets and protect the public against terrorist, health, environmental and other threats. In particular, with the introduction of an EU- wide Common Risk Management Framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing, customs assume a front line position in the fight against terrorism and organised crime,. For such reason, the customs union helps safeguarding the financial interests of the Union and of the Member States and are responsible for tracking illegal cross-border flows of goods and fighting fraud schemes with a significant financial impact on national and EU budgets. Given that broad mandate, customs is now effectively the lead authority for the control of goods at the Union’s external borders. Against that backdrop, the Customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large, as set out in Article 3 of Regulation (EU) No 952/2013, i.e. the supervision of the Union's international trade, the implementation of the external aspects of the internal market, of the common trade policy and of the other common Union policies having a bearing on trade, as well as the security of the supply chain. The legal basis will therefore cover customs cooperation (Article 33 TFEU), internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU). _________________ 19 https://ec.europa.eu/taxation_customs/gene ral-information-customs/customs-risk- management/measures-customs-risk- management-framework-crmf_en
2018/11/19
Committee: IMCO
Amendment 34 #

2018/0232(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) New trends and technologies - digitalisation, connectedness, the internet of things, data analytics, artificial intelligence and blockchain technology – present both opportunities and threats. New business models such as e-commerce and supply chain optimisation are emerging and must be framed and properly checked. At the same time, public finances are under pressure, the volumes of world trade are increasing, fraud and smuggling are a constant and growing concern and there are persistent transnational crime and security threats. All of this is putting EU customs authorities under increasing pressure and requires proper financing of the customs authorities and an even closer cooperation between them.
2018/11/19
Committee: IMCO
Amendment 35 #

2018/0232(COD)

Proposal for a regulation
Recital 2 b (new)
(2 b) The new constantly challenges arising rapidly changing technologies, business models, modes of transport and reduced public financial and human means increase the pressure to improve the performance of the customs union and enlarge the scope of the tasks to be performed by customs administrations, which in turn triggers problems of insufficient uniformity and efficiency underpinning the functioning of the customs union, such as unequal capacity of customs administrations, uneven interpretation and implementation of the customs legislation and new obstacles for cooperation between customs administrations and other stakeholders. The Programme should contribute in tackling those challenges.
2018/11/19
Committee: IMCO
Amendment 37 #

2018/0232(COD)

Proposal for a regulation
Recital 3
(3) In providing a framework for actions that has as objective to support the customs union and customs authorities, the Programme should, as a general objective, contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and of global trade.
2018/11/19
Committee: IMCO
Amendment 38 #

2018/0232(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) Although Article 278 of the Union Customs Code1a set a single deadline of 31 December 2020 for the deployment of all the systems referred to in that Article, and despite the efforts made by the Union and some of the Member States, at budgetary and operational levels, to complete the work within the time limit given, it has become evident that some systems can only be partially deployed by that date, which implies that non-electronic systems will continue in use beyond that date, and in the absence of legislative amendments extending that deadline, companies and customs authorities will be unable to perform their duties and legal obligations as regards customs operations. One of the primary specific objectives of the Programme should therefore be to assist Member States and the Commission to set up such electronic systems. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
2018/11/19
Committee: IMCO
Amendment 41 #

2018/0232(COD)

Proposal for a regulation
Recital 3 b (new)
(3 b) The financial envelope of the Programme does not take into account the implications, and in particular the costs, related to the withdrawal of the United Kingdom from the Union. Those costs cannot be estimated at the date of adoption of this Regulation, due to the ongoing nature of the withdrawal agreement negotiations, and also due to the uncertainties regarding the future relationship between the United Kingdom and the European Union. It cannot be excluded that the United Kingdom will disengage from all customs systems and from all cooperation existing under the customs union, such as the customs electronic systems referred to in the Article 278 of the Union Customs Code1a . Such disengagement will automatically imply some costs. The Commission should therefore consider reserving sufficient resources from the financial envelope of the Programme to prepare for those potential costs. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
2018/11/19
Committee: IMCO
Amendment 44 #

2018/0232(COD)

Proposal for a regulation
Recital 7
(7) The actions which applied under the Customs 2020 programme and have proven to be adequate and should therefore be maintained, while others that have proven to be inadequate should be terminated. In order to provide more simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the Customs programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.
2018/11/19
Committee: IMCO
Amendment 53 #

2018/0232(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Programme has the following specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building, includs: (1) primarily, to assist with IT capacity building, which consist in developing, maintaining and operating the electronic systems as referred to in Article 278 of the Union Customs Code, relating to export, import and transit of goods and which allow the evolution from paper- based to electronic customs; (2) secondarily, to finance joint actions, which consist in cooperation mechanisms – such as workshops, project groups, working visits – enabling officials to carry out joint operational activities under their core responsibilities, share experience and join efforts to deliver on customs policy; (3) thirdly, to enhance human competency, which consists in developing a human competency and the development and operation of European electronic systemframework and training content made available through e-learning modules or otherwise, all supporting the professional skills of customs officials and empowering them to fulfil their role on a uniform basis.
2018/11/19
Committee: IMCO
Amendment 59 #

2018/0232(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. TWhen necessary and duly justified, the amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Programme, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Programme, in so far such activities are required for the achievement of the objectives of the Programme.
2018/11/19
Committee: IMCO
Amendment 60 #

2018/0232(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. The Commission shall reserve resources from the financial envelope of the Programme in order to cover the potential costs of the withdrawal of the United Kingdom from all customs legislation arrangements and activities of the Union. Before reserving those resources, the Commission shall make an estimate of such potential costs. That estimate shall be made when the uncertainties regarding the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and to the future relationship of the United Kingdom with the European Union are resolved.
2018/11/19
Committee: IMCO
Amendment 69 #

2018/0232(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation, and specifically with the principles of sound financial management, transparency, proportionality, non- discrimination, equal treatment.
2018/11/19
Committee: IMCO
Amendment 79 #

2018/0232(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The Programme shall be implemented by multiannual work programmes referred to in Article 108 of the Financial Regulation. The work programmes shall in particular set out the objectives to be pursued, the expected results, the method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. The work programmes shall be, where applicable, communicated to the European Parliament.
2018/11/19
Committee: IMCO
Amendment 83 #

2018/0232(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
2018/11/19
Committee: IMCO
Amendment 47 #

2018/0231(COD)

Proposal for a regulation
Recital 2
(2) The internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation. A new era of digital innovation continues to provide opportunities for businesses and individuals, creates new products and business models but equally constitutes a challenge to regulation and enforcemen, since the digital world is by definition a fast-moving environment where policy needs to adapt to changing circumstances. As new technologies become mainstream, they can bring profound benefits to the economy and to our daily lives, such as new products and business models. Nonetheless, it is essential that they be grounded in a set of rules to provide confidence to consumers and business alike. However, just having a common set of rules is not enough. There is also a need for more rapid, agile and consistent enforcement of EU rules as well in the online sphere. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and ability to create jobs and growth while protecting the public interest.
2018/11/13
Committee: IMCO
Amendment 51 #

2018/0231(COD)

Proposal for a regulation
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. , to the benefits of consumers and businesses.
2018/11/13
Committee: IMCO
Amendment 54 #

2018/0231(COD)

Proposal for a regulation
Recital 4
(4) Still, barriers to the proper functioning of the internal market remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and ability to create jobs and growth while protecting the public interBarriers to the free exchange of products and services, inadequate enforcement of existing rules, low levels of cross-border public procurement and insufficient political support for structural reforms limit the opportunities for businesses and citizens, resulting in fewer jobs and unnecessarily high pricest.
2018/11/13
Committee: IMCO
Amendment 59 #

2018/0231(COD)

Proposal for a regulation
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. Those multiannual financial framework programmes are united by their shared objectives to regulate, implement, facilitate, enforce and protect various activities and actors within the Single Market regulatory framework. 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. Some programmes and budget lines have reported a need for simplification of administrative management and reporting procedures. In the area of supporting standardisation, evaluations revealed lack of a common understanding of the management of grant agreements and no solutions for electronic reporting tools and data comparability issues. This complicates both reporting and measurement of impacts and performance of individual actions. The evaluation of the Consumer Programme also showed that there seems to be significant room for simplification for grants management. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines that will draw lessons from the programmes existing under the current multiannual financial framework. The programme should also include new initiatives which aim to improve the functioning of the internal market.
2018/11/13
Committee: IMCO
Amendment 62 #

2018/0231(COD)

Proposal for a regulation
Recital 7
(7) It is therefore appropriate to establish a Programme for the internal market, (the 'Programme'), in order to deepen the internal market and improve its functioning, in the areas of the free movement of goods, services, capital and persons, consumer protection, market surveillance, food supply chain and the competitiveness of enterprises, including micro, small and medium-sized enterprises, and European statistics and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme'). The Programme should be established for the duration of seven years from 2021 to 2027.
2018/11/13
Committee: IMCO
Amendment 70 #

2018/0231(COD)

Proposal for a regulation
Recital 9
(9) A modern internal market promotes competition and benefitempowers consumers, businesses and employees, based on fairness, transparency and trust. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to the removal of remaining barriers, and to ensure a regulatory framework that can accommodate new innovative business models.
2018/11/13
Committee: IMCO
Amendment 75 #

2018/0231(COD)

Proposal for a regulation
Recital 10
(10) Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and/or standards and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State. However, inadequate application of mutual recognition makes it harder for companies to access markets in other Member Statesthe weak use of the principle of mutual recognition and the limited impacts the Mutual Recognition Regulation1a had in achieving the foreseen objectives of ensuring free movement of goods in the Single Market points out that there is a lot of potential to be unleashed. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The Programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non- compliant goods entering the market. _________________ 1a Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (Text with EEA relevance)
2018/11/13
Committee: IMCO
Amendment 80 #

2018/0231(COD)

Proposal for a regulation
Recital 11
(11) New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, internet of things or artificial intelligence. Should damage occur, stringent and enforceable rules on product safety and liability are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and better enforcement of a Union product liability regime which fosters innovation.
2018/11/13
Committee: IMCO
Amendment 84 #

2018/0231(COD)

Proposal for a regulation
Recital 12
(12) Placing on the market of products that are not compliant with Union law puts those who comply at disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction. The Programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs, raising awareness of applicable EU product safety rules, intensifying compliance checks ands well as promoting closer cross- border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities.
2018/11/13
Committee: IMCO
Amendment 86 #

2018/0231(COD)

Proposal for a regulation
Recital 13
(13) Product safety is a common concern. The evaluation of Regulation (EC) No 765/2008 attempted to assess the deterrence or rigorousness of the system of controls in the Single Market and it has concluded, despite the limitations in the analysis due to the serious lack of data and inhomogeneity of national reports, that market surveillance is not sufficiently rigorous. Lack of relevant information on control activities may be also in some cases an indication of actual enforcement gaps1a. In that context, the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements and to enhance the European accreditation system, in particular in new policy areas, by supporting the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008 of the European Parliament and of the Council48 . _________________ 1a Regulation (EC) No 765/2008 - setting out the requirements for accreditation and market surveillance relating to the marketing of products 48 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
2018/11/13
Committee: IMCO
Amendment 93 #

2018/0231(COD)

Proposal for a regulation
Recital 15
(15) Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market. Directive 2014/23/EU of the European Parliament and of the Council49 , Directive 2014/24/EU of the European Parliament and of the Council50 and Directive 2014/25/EU of the European Parliament and of the Council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. Correctly implemented public procurement rules are a crucial tool in the service of a stronger single market and for the growth of EU companies and jobs in the Union and whereas the intelligent use of public procurement can be a strategic tool to achieve the EU’s goals of smart, sustainable and inclusive growth, accelerating the transition to more sustainable supply chains and business models. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved access to procurement markets for SMEs, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects. _________________ 49 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 50 Directive 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). 51 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).
2018/11/13
Committee: IMCO
Amendment 100 #

2018/0231(COD)

Proposal for a regulation
Recital 16
(16) In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user- centric public services need to be put in place. This implies that public administrations will need to start working in new ways, bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services with citizens and businesses as well as to develop e-administration tools. Moreover, the continuous and steady increase of cross-border activities in the internal market requires provision of up-to- date information on the rights of businesses and citizens, but also information explaining the administrative formalities as well as simplifying them. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary. The Programme should therefore support the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders.
2018/11/13
Committee: IMCO
Amendment 105 #

2018/0231(COD)

Proposal for a regulation
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 expertiseand growing challenges that have been learnt in the day-to-day enforcement of EU competition policy. These challenges include a more complex and demanding IT and data driven world (increasingly sophisticated IT tools used by firms, continuous increase in the volume of electronic communications and the use of artificial intelligence, big data and algorithms) as well as the need for a wider and deeper engagement with national authorities and courts. Findings from a number of surveys demonstrate that there is scope for reaching out to a wider group of stakeholders impacted by EU companies and their advisorsetition policy. 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 and rapid developments in the conditions of competition in the internal market, notably relating 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.
2018/11/13
Committee: IMCO
Amendment 122 #

2018/0231(COD)

Proposal for a regulation
Recital 36 a (new)
(36a) The ineffective enforcement in cases of cross-border infringements, including infringements in the digital environment, makes it possible for traders to evade enforcement by relocating within the Union. It also gives rise to a distortion of competition for law-abiding traders operating either domestically or cross- border, online or offline, and thus directly harms consumers and undermines consumer confidence in cross-border transactions and the internal market.
2018/11/13
Committee: IMCO
Amendment 145 #

2018/0231(COD)

Proposal for a regulation
Recital 58
(58) The actions implemented under the predecessor programmes and budget lines have proven to be adequate and should be retained, while others that have proven to be inadequate shall be terminated. The new actions introduced under the Programme aim to reinforce in particular the well-functioning internal market. In order to provide more simplicity and flexibility in the execution of the Programme and thereby to better deliver on its objectives, the actions should be defined only in terms of overall, generic categories. Lists of indicative activities concerning specific objectives in the area of competitiveness, consumer protection, market surveillance or specific activities stemming from regulatory requirements, like in the area of standardisation, food chain regulation and European statistics should also be included in the Programme.
2018/11/13
Committee: IMCO
Amendment 159 #

2018/0231(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes the programme for deepening the internal market and improving theits functioning of the internal market and, in the areas of the free movement of goods, services, capital and persons, consumer protection, market surveillance, food supply chain, the competitiveness of enterprises, including micro, small and medium-sized enterprises and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme').
2018/11/13
Committee: IMCO
Amendment 167 #

2018/0231(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to improve the functioning of the internal market, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of market access, standard setting, and by promoting human, animal and plant health and animal welfare; as well as a high level of consumer protection and market surveillance throughout the EU; but also to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies in order to achieve such objective;
2018/11/13
Committee: IMCO
Amendment 176 #

2018/0231(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) making the internal market more effective, facilitating the prevention and removal of obstacles, supporting the development, implementation and enforcement of the Union law in the areas of the internal market for the free movement persons, goods and services and capitals, public procurement, market surveillance as well as in the areas of company law and contract and extra- contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools;
2018/11/13
Committee: IMCO
Amendment 180 #

2018/0231(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c – point i
(i) enable the financing of European standardisation bodies and stakeholder participation in setting up European standards;
2018/11/13
Committee: IMCO
Amendment 183 #

2018/0231(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point d – point i
(i) empowering, assisting and educating consumers, businesses and civil society; ensuring a high and uniform level of consumer protection in order to enhance fairness, transparency and trust in the single market, sustainable consumption and product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions;, particularly as regards to joint cooperation actions for market surveillance; better addressing the challenges posed by digitalization to consumer protection and ensuring that all consumers have access to redress and; provision of adequate information on markets and consumers;
2018/11/13
Committee: IMCO
Amendment 197 #

2018/0231(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. TWhen necessary and duly justified, the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, concerning in particular preparatory, monitoring, control, audit and evaluation activities as well as use of information technology networks focusing on information processing and exchange, and use and development of corporate information technology tools, in so far such activities are required for the achievement of the objectives of the Programme.
2018/11/13
Committee: IMCO
Amendment 203 #

2018/0231(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) creation of the right conditions to empower all actors of the internal market, including businesses, citizens and consumers, civil society and public authorities through transparent information and awareness raising campaigns, particularly as regards to applicable EU rules, the rights of consumers and businesses, best practice exchange, promotion of good practices, exchange and dissemination of expertise and knowledge and organization of trainings;
2018/11/13
Committee: IMCO
Amendment 210 #

2018/0231(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) capacity building, facilitation and coordination of joint actions between Member States and between the competent authorities of Member States and between the competent authorities of Member States and the Commission, the decentralised Union agencies and third country authorities, and more particularly joint actions aimed at strengthening product safety and enforcement of consumer protection rules in the EU;
2018/11/13
Committee: IMCO
Amendment 212 #

2018/0231(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) support for the effective enforcement and modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment and to the challenges posed by digitalization, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; communication activities; development of dedicated IT tools ensuring transparent and efficient functioning of the internal market.
2018/11/13
Committee: IMCO
Amendment 215 #

2018/0231(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point d
(d) facilitating the growth of businesses, including skills development, andparticularly as regards to information and communication technology (ICT) and new managerial and entrepreneurial skills to address new technological and markets developments, as well as the industrial transformation across manufacturing and service sectors;
2018/11/13
Committee: IMCO
Amendment 232 #

2018/0231(COD)

Proposal for a regulation
Article 11 – paragraph 1
The evaluation committee(s) for actions implementing the specific objective(s) referred to in Article 3(2) may be composed fully or partially of external experts. The work of the evaluation committee(s) shall be based on the principles of transparency, equal treatment and non-discrimination.
2018/11/13
Committee: IMCO
Amendment 234 #

2018/0231(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Programme shall be implemented by work programme(s) referred to inin accordance with Article 110 of the Financial Regulation. WThe work programmes shall set outbe annual or multiannual and shall in particular set out the objectives to be pursued, the expected results, wthere applicable, the overall amount reserved for blending operations method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. The work programmes shall be, where applicable, communicated to the European Parliament.
2018/11/13
Committee: IMCO
Amendment 251 #

2018/0231(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
2018/11/13
Committee: IMCO
Amendment 36 #

2018/0230(COD)

Proposal for a regulation
Recital 12
(12) TEasily accessible traineeships and jobs in solidarity- related areas can offer additional opportunities for young people to make a start or carry on, on the labour market while giving a clear European value in contributing to addressing unmet key societal challenges. This can help foster the employability and productivity of young people while easing their transition from education to employment, which is key to enhancing their chances on the labour market. The traineeship activities offered under the European Solidarity Corps follow the quality principles outlined in Council Recommendation on establishing a Quality Framework for Traineeships, always being paid and based in written agreement21. The traineeships and jobs offered can constitute a stepping stone for young people to enter the labour market and are accompanied by adequate post-activity support. The traineeship and job activities are facilitated by relevant labour market actors, in particular public and private employment services, social partners and Chambers of Commerce, and are remunerated by the participating organisation. As participating organisations, they should apply for funding via the competent implementing body of the European Solidarity Corps in view of intermediating between the young participants and employers offering traineeship and job activities in solidarity sectors. __________________ 21 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
2018/10/11
Committee: EMPL
Amendment 38 #

2018/0230(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Efforts should be made to ensure that traineeships and jobs are opened to talented and competent youth, in particular to young people with fewer opportunities to participate in solidarity- related activities, including those with disabilities, social or cultural disadvantages, migrants and residents in isolated rural areas and the outermost regions of the EU.
2018/10/11
Committee: EMPL
Amendment 53 #

2018/0230(COD)

Proposal for a regulation
Recital 17
(17) A quality label should ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps, as regards their rights and responsibilities during all stages of the solidarity experience. Obtaining a quality label is a precondition for participation but should not automatically lead to funding under the European Solidarity Corps. Separate quality labels should be put in place for volunteering and for traineeships and jobs, taking into consideration the specific characteristics of each component. The process that leads to attribution of a quality label should not create additional bureaucracy that would dissuade organisations and private businesses from contributions to the European Solidarity Corps.
2018/10/11
Committee: EMPL
Amendment 84 #

2018/0230(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘job’ means a solidarity activity for a period from 23 to 12 months, which include a learning and training component, is based on a written agreement and paid by the participating organisation employing the European Solidarity Corps participant;
2018/10/11
Committee: EMPL
Amendment 92 #

2018/0230(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘quality label’ means the certification attributed to a participating organisation willing to provide solidarity activities under the European Solidarity Corps, in the role of a host and/or in a support function; Separate quality labels shall be put in place for volunteering and for traineeships and jobs.
2018/10/11
Committee: EMPL
Amendment 123 #

2018/0230(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. A traineeship as referred to in Article 4.1, point (b) shall always be paid and be based on a written traineeship agreement in accordance with the applicable regulatory framework of the country where the traineeship takes place, as appropriate, and taking into account the principles of the Quality Framework for Traineeships (2014/C 88/01). Traineeships shall not substitute jobs.
2018/10/11
Committee: EMPL
Amendment 38 #

2018/0207(COD)

Proposal for a regulation
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and division, prejudice and anti-democratic ideologies, by means of new and more dangerous ways, using ‘fake news’ and cyber-attacks, spreading hate and mistrust against our open and inclusive societies, it is more important than ever to promote, strengthen and defend justice, rights and EU values:, EU values and the rule of law, which is inseparable from democracy itself, and a condition for its effectiveness. To promote and support human rights, respect for human dignity, freedom, democracy, equality, and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
2018/10/17
Committee: EMPL
Amendment 44 #

2018/0207(COD)

Proposal for a regulation
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to makesupport, disseminate and protect our common values, rights and rich diversity, keeping them alive and vibrant. The ultimate objective is to nurture and sustain rights- based, equal, inclusive and democratic society. That includes defending a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
2018/10/17
Committee: EMPL
Amendment 55 #

2018/0207(COD)

Proposal for a regulation
Recital 7
(7) Citizens should also be more aware of their rights deriving from citizenship of the Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel ab. The free movement of workers, in particular, is a fundamental principle of the Treaty enshrined in Article 45 TFEU. Citizens, therefore, should be entitled to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. As regards to the free movement of workers, and pursuant to Article 46 TFEU, the Union should take action to abolish discrimination based on nationality between workers of the EU, and to remove barriers to the free movement of workers. Civil society needs to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.
2018/10/17
Committee: EMPL
Amendment 61 #

2018/0207(COD)

Proposal for a regulation
Recital 8
(8) Equality between women and men is a fundamental value and an objective of the European Union. Article 8 of the Treaty gives the Union the task of eliminating inequalities and promoting an effective equality between men and women through all its activities. Discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of structural and cultural barriers hinders the achievement of real gender equality. Promoting gender equality in all activities of the Union, including in work and employment, where discrimination persists on the level of payment and on access to the labour market, is therefore a core activity for the Union and a driver for economic growth and should be supported by the programme.
2018/10/17
Committee: EMPL
Amendment 64 #

2018/0207(COD)

Proposal for a regulation
Recital 10
(10) Strong political will and coordinated action based on the methods and results of the previous Daphne Programmes, the Rights, Equality and Citizenship Programme and the Justice Programme are necessary in order to prevent and combat all forms of violence and to protect victims, groups at risk and particularly vulnerable persons. In particular, since its launch in 1997, the Daphne funding to support victims of violence and combat the violence against women, children and young people has been a genuine success, both in terms of its popularity with stakeholders (public authorities, academic institutions and non- governmental organisations) and in terms of the effectiveness of the funded projects. It has funded projects to raise awareness, to provide support services to victims, groups at risk, and particularly vulnerable persons, to support the activities of non- governmental organisations (NGOs) working on the ground. It has addressed all forms of violence, such as for instance domestic violence, sexual violence, trafficking in human beings, as well as new emerging forms of violence such as cyber- bullying. It is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the Programme.
2018/10/17
Committee: EMPL
Amendment 74 #

2018/0207(COD)

Proposal for a regulation
Recital 17
(17) In accordance with Union acts on equal treatment, Member States set up independent bodies for the promotion of equal treatment, commonly known as "equality bodies", in order to combat discrimination based on race and ethnic origin as well as gender. However, many Member States have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age, sexual orientation, religion and belief, disability or other grounds. Equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to discrimination in their country. It is essential that the work of all those relevant equality bodies is coordinated at Union level in this respect. EQUINET was created in 2007. Its members are the national bodies for the promotion of equal treatment as established by Council Directives 2000/43/EC15 and 2004/113/EC16 , and by Directives 2006/54/EC17 and 2010/41/EU18 of the European Parliament and of the Council. EQUINET is in an exceptional situation, being the only entity which ensures coordination of activities between equality bodies. This coordination activity by EQUINET is key for the good implementation of Union anti- discrimination law in Member States and should be supported by the Programme. __________________ 15 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 16 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37). 17 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 18 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
2018/10/17
Committee: EMPL
Amendment 84 #

2018/0207(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisations, in order to sustain and preserve open, democratic and inclusive societies.
2018/10/17
Committee: EMPL
Amendment 88 #

2018/0207(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or, belief or opinion, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well as policies to combat racism and all forms of intolerance, including online;
2018/10/17
Committee: EMPL
Amendment 95 #

2018/0207(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) increasing citizens’ understanding of the Union, its shared values, history, cultural heritage and diversity;
2018/10/17
Committee: EMPL
Amendment 68 #

2018/0206(COD)

Proposal for a regulation
Recital 10
(10) In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive and open labour markets and promote access to quality employment, to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
2018/09/26
Committee: EMPL
Amendment 79 #

2018/0206(COD)

Proposal for a regulation
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into thea labour market, notably for youth, the long-term unemployed and, the inactive and migrants, as well as through promoting self– employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
2018/09/26
Committee: EMPL
Amendment 80 #

2018/0206(COD)

Proposal for a regulation
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and, the inactive, as well as through promoting self–employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services and support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
2018/09/26
Committee: EMPL
Amendment 80 #

2018/0206(COD)

Proposal for a regulation
Recital 10
(10) In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of open and inclusive labour markets and promote access to quality employment, to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
2018/10/30
Committee: JURI
Amendment 86 #

2018/0206(COD)

Proposal for a regulation
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and, the inactive and migrants, as well as through promoting self– employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women's participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services and support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
2018/10/30
Committee: JURI
Amendment 97 #

2018/0206(COD)

Proposal for a regulation
Recital 18
(18) The ESF+ should support Member States’ efforts at all regional, local and other levels of government, to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities, as well as homelessness. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, persons with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
2018/10/30
Committee: JURI
Amendment 103 #

2018/0206(COD)

Proposal for a regulation
Recital 20
(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals complementary to the actions financed under the Asylum and Migration Fund. Member States should allocate adequate resources to local authorities for migrant integration at local level.
2018/10/30
Committee: JURI
Amendment 105 #

2018/0206(COD)

Proposal for a regulation
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should involve regional and local authorities in the process to ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
2018/10/30
Committee: JURI
Amendment 108 #

2018/0206(COD)

Proposal for a regulation
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and combating extreme poverty.
2018/10/30
Committee: JURI
Amendment 116 #

2018/0206(COD)

Proposal for a regulation
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners and civil society. It is therefore essential that Member States encourage the participation of regional and local authorities, social partners and civil society in the implementation of the ESF+ under shared management.
2018/10/30
Committee: JURI
Amendment 118 #

2018/0206(COD)

Proposal for a regulation
Recital 18
(18) The ESF+ should support Member States’ efforts at all levels of government, including at local and regional level, to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities and homelessness. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, persons with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
2018/09/26
Committee: EMPL
Amendment 135 #

2018/0206(COD)

Proposal for a regulation
Recital 20
(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals complementary to the actions financed under the Asylum and Migration Fund. Member States should allocate adequate resources to local authorities for migrant integration at local level.
2018/09/26
Committee: EMPL
Amendment 146 #

2018/0206(COD)

Proposal for a regulation
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should involve local and regional authorities in the process to ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
2018/09/26
Committee: EMPL
Amendment 147 #

2018/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
The ESF+ aims to support Member States to achieve high employment levels,levels of employment, job creation, quality and inclusive education, equal opportunities for all fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
2018/10/30
Committee: JURI
Amendment 150 #

2018/0206(COD)

Proposal for a regulation
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and fighting absolute poverty.
2018/09/26
Committee: EMPL
Amendment 156 #

2018/0206(COD)

Proposal for a regulation
Article 4.º – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, social inclusion, eradication of poverty and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
2018/10/30
Committee: JURI
Amendment 160 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) improving access to quality employment of all jobseekers wishing for dignified work, in particular youth and long- term unemployed, migrants, and of inactive people, promoting self- employment, entrepreneurship, social self-employment initiatives and the social economy;
2018/10/30
Committee: JURI
Amendment 169 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare and other care and support services, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
2018/10/30
Committee: JURI
Amendment 171 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills; promote e-inclusion and facilitate the transition from education to work;
2018/10/30
Committee: JURI
Amendment 173 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for allin formal, non-formal and informal settings, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and participation in society;
2018/10/30
Committee: JURI
Amendment 188 #

2018/0206(COD)

Proposal for a regulation
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners, and civil society. It is therefore essential that Member States encourage the participation of local and regional authorities, social partners and civil society in the implementation of the ESF+ under shared management.
2018/09/26
Committee: EMPL
Amendment 207 #

2018/0206(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 105% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
2018/10/30
Committee: JURI
Amendment 212 #

2018/0206(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. This allocation shall not replace funding necessary for infrastructure and development for outermost regions.
2018/10/30
Committee: JURI
Amendment 227 #

2018/0206(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The Commission and the Member States shall ensure that aid provided in the framework of the ESF+ support for addressing material deprivation respects the dignity, fosters the independence and personal development and prevents stigmatisation of the most deprived persons.
2018/10/30
Committee: JURI
Amendment 228 #

2018/0206(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measuresincentives or psychological motivation aiming at the social inclusion of the most deprived persons.
2018/10/30
Committee: JURI
Amendment 235 #

2018/0206(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, non-governmental organisations, microfinance institutions and institutions providing finance to social enterprises and social economy;
2018/10/30
Committee: JURI
Amendment 280 #

2018/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
The ESF+ aims to support Member States to achieve high employment levels,levels of employment, job creation, quality and inclusive education, equal opportunities for all fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
2018/09/26
Committee: EMPL
Amendment 303 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, social inclusion, eradication of poverty and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
2018/09/26
Committee: EMPL
Amendment 310 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, migrants, and of inactive people, promoting self- employment, entrepreneurship and social self-employment initiatives and the social economy;
2018/09/26
Committee: EMPL
Amendment 315 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) improving access to decent jobs leading to quality employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting self-employment and the social economy;
2018/09/26
Committee: EMPL
Amendment 330 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point iii
(iii) promoting women’s labour market participation, a better work/life balance including access to childcare and other care services and support, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
2018/09/26
Committee: EMPL
Amendment 337 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills, promote e-inclusion and facilitate the transition from education to work;
2018/09/26
Committee: EMPL
Amendment 351 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all, in formal, non- formal and informal settings, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and participation in society;
2018/09/26
Committee: EMPL
Amendment 361 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point viii
(viii) promoting socio-economic integration of third country nationals, including asylum seekers and migrants and of marginalised communities such as the Roma;
2018/09/26
Committee: EMPL
Amendment 371 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable, accessible and affordable services; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
2018/09/26
Committee: EMPL
Amendment 376 #

2018/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point xi a (new)
(xia) promoting research, development and innovation within the specific objectives of the ESF+;
2018/09/26
Committee: EMPL
Amendment 479 #

2018/0206(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 105% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
2018/09/26
Committee: EMPL
Amendment 489 #

2018/0206(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. This allocation shall not replace funding necessary for infrastructure and development for outermost regions.
2018/09/26
Committee: EMPL
Amendment 592 #

2018/0206(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
2018/09/26
Committee: EMPL
Amendment 639 #

2018/0206(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, NGOs, microfinance institutions and institutions providing finance to social enterprises and social economy;
2018/09/26
Committee: EMPL
Amendment 7 #

2018/0166R(APP)

Draft opinion
Paragraph 2
2. Recalls that EU spending should be given the appropriate flexibility and be the subject of proper democratic scrutiny and accountability, which necessitates the full involvement of Parliament in every phase of the Multiannual Financial Framework (MFF) Regulation decision-making process in respect of its prerogatives as co- legislator, as the sectoral legislation sets up the vast majority of EU programmes; calls, therefore, for closer dialogue between the Council and Parliament when negotiating the next MFF before the Council formally submits for Parliament’s consent its proposal for the MFF Regulation, and warns against the European Council’s usual top-down approach of setting the overall ceilings per heading rather than assessing the actual needs of the programmes first;
2018/10/08
Committee: AFCO
Amendment 11 #

2018/0166R(APP)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses that the next MFF provides an opportunity for the Union to demonstrate that it stands together and is able to address political developments such as Brexit, the rise of populist and nationalist movements and changes in global leadership; underlines that divisions in the EU are not an answer to global challenges and to citizens’ concerns; considers that the Brexit negotiations, in particular, show that the benefits of being a Union member greatly outweigh the cost of contributing to its budget;
2018/10/08
Committee: AFCO
Amendment 13 #

2018/0166R(APP)

Draft opinion
Paragraph 4 b (new)
4 b. Considers that the unanimity requirement for the adoption of the MFF Regulation represents a true impediment in the process; calls on the European Council, in this regard, to activate the passerelle clause provided for in Article 312(2) TFEU so as to allow for the adoption of the MFF Regulation by qualified majority; recalls, moreover, that the general passerelle clause set out in Article 48(7) TEU can also be deployed, in order to apply the ordinary legislative procedure; stresses that a shift towards qualified majority voting for the adoption of the MFF Regulation would be in line with the decision-making process for the adoption of virtually all EU multiannual programmes, as well as for the annual procedure for adopting the EU budget;
2018/10/08
Committee: AFCO
Amendment 15 #

2018/0166R(APP)

Draft opinion
Paragraph 5
5. Reiterates its intention to closely examine all elements of the proposal concercalls that whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of law is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the rule of law conditionality clause and to introduce the necessary provisions to guarantee that the final beneficiaries of the Union budget can iEuropean Union; sound financial management can therefore only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union; reiterates therefore the intention nto way be affected by breaches of rules for which they are not responsibleclosely examine the proposal laid by the Commission on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States;
2018/10/08
Committee: AFCO
Amendment 30 #

2018/0166R(APP)

Draft opinion
Paragraph 7 a (new)
7 a. Recalls that in 2011, the Commission proposed new Own Resources in order to contribute to Member States' fiscal consolidation efforts against the background of the financial crisis, deplores in that matter that unanimous agreement among Member States could not be reached, despite the support of the European Parliament to the Commission proposal; points out that the EU's financial framework has not been reformed since 1988;
2018/10/08
Committee: AFCO
Amendment 31 #

2018/0166R(APP)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls that Article 311 TFEU states: ‘The Union shall provide itself with the means necessary to attain its objectives and carry out its policies. Without prejudice to other revenue, the budget shall be financed wholly from own resources’; stresses, therefore, that the legal requirement to provide the EU budget with genuine own resources derives directly from the Treaty;
2018/10/08
Committee: AFCO
Amendment 33 #

2018/0166R(APP)

Draft opinion
Paragraph 8
8. Welcomes the fact that the Commission’s proposed new own resources categories - such as a share of the auctioning revenue of the European Emissions Trading System and national contribution calculated on the amount of non-recycled plastic packaging waste - are linked to policies with a high European added value, with the aim of not of increasing the overall tax burden for citizens, but of reducing the burden on national treasuries and generating an awareness, among citizens, of an autonomous EU budget which demonstrates the added value of European integration.
2018/10/08
Committee: AFCO
Amendment 28 #

2018/0114(COD)

Proposal for a directive
Recital 7
(7) The right to convert an existing (7) company formed in a Member State into a company governed by another Member State may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross-border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. Any evaluation of whether such artificial arrangements have been created should be reasoned and objective. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. A procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down.
2018/10/01
Committee: EMPL
Amendment 36 #

2018/0114(COD)

Proposal for a directive
Recital 11
(11) In order to provide information to its members and the representatives of employees, the company carrying out the cross-border conversion should prepare a report. T in full respect of the autonomy of the social partners. With regard to the interests of members and especially minority shareholders, the report should explain and substantiate the legal and economic aspects of the proposed cross- border conversion, in particular the implications of the cross- border conversion for members with regard to the future business of the company and the management organ's strategic plan. It should also include potential remedies available to members, where they do not agree with the decision to carry out a cross- border conversion. This report should also be made available to the employees of the company carrying our cross-border conversion.
2018/10/01
Committee: EMPL
Amendment 40 #

2018/0114(COD)

Proposal for a directive
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a reportis report should also explaining the implications of the proposed cross-border conversion for employees. The reporthe representatives of the employees. It should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. Thise requirement for certain specific information should not however apply where the only employees of the company are in its administrative organ. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . __________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
2018/10/01
Committee: EMPL
Amendment 59 #

2018/0114(COD)

Proposal for a directive
Recital 20
(20) In order to prevent the circumvention of employee participation rights by means of a cross-border conversion, the company carrying out a conversion which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
2018/10/01
Committee: EMPL
Amendment 66 #

2018/0114(COD)

Proposal for a directive
Recital 28
(28) In order to further enhance the existing cross-border merger procedure, it is necessary to simplify those merger rules, where appropriate, whilst at the same time ensuring that stakeholders, and in particular employees, are adequately protected. Therefore, the existing cross- border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailinga detailed report on the legal and economic aspects of the cross-border merger for both members and for employee, especially minority shareholders, and for employees in full respect of the autonomy of the social partners. The obligation on the management or administrative organ of the company to prepare the reportovide certain specific information for the members may however be waived, where those members are already informed about legal and economic aspects of the proposed merger. However, the report prepared forquirement to provide certain specific information related to employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ.
2018/10/01
Committee: EMPL
Amendment 68 #

2018/0114(COD)

Proposal for a directive
Recital 29
(29) Furthermore, in order to enhance the protection afforded to the employees of the merging company or companies, employees or their representatives may provide their opinion on the company report setting out, to be included in the report, on the implications of the cross- border merger for them. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Council Directive 2001/23/EC48 , Directive 2002/14/EC or Directive 2009/38/EC. __________________ 48 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16).
2018/10/01
Committee: EMPL
Amendment 76 #

2018/0114(COD)

Proposal for a directive
Recital 43
(43) In order to provide information to its members and employees, the company being divided should prepare a report. T in full respect of the autonomy of the social partners. With regard to the interests of members and especially minority shareholders, the report should explain and substantiate the legal and economic aspects of the proposed cross- border division, in particular explaining the implications of the cross-border division for members with regard to the future business of the company and the management organs’ strategic plan. It should also include explanations about the exchange ratio, where applicable, the criteria to determine the allocation of shares and potential remedies available to members, where they do not agree with the decision to carry out a cross-border division.
2018/10/01
Committee: EMPL
Amendment 77 #

2018/0114(COD)

Proposal for a directive
Recital 43
(43) In order to provide information to its members and employees, the company being divided should prepare a report. TWith regard to the interests of members, the report should explain and substantiate the legal and economic aspects of the proposed cross- border division, in particular explaining the implications of the cross- border division for members with regard to the future business of the company and the management organs’ strategic plan. It should also include explanations about the exchange ratio, where applicable, the criteria to determine the allocation of shares and potential remedies available to members, where they do not agree with the decision to carry out a cross-border division.
2018/10/01
Committee: EMPL
Amendment 80 #

2018/0114(COD)

Proposal for a directive
Recital 44
(44) In order to provide information its employees, the company being divided should prepare a reportThe report should also explaining the implications of the proposed cross-border division for employees. The reporIt should explain in particular the implications of the proposed cross-border division on the safeguarding of the jobs of the employees, whether there would be any material change in the conditions of employment and the locations of the companies’ places of business, and how each of these factors would relate to any subsidiaries of the company. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
2018/10/01
Committee: EMPL
Amendment 94 #

2018/0114(COD)

Proposal for a directive
Recital 56
(56) In order to prevent the circumvention of the employee participation rights by means of a cross- border division, the company carrying out a division which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border division without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
2018/10/01
Committee: EMPL
Amendment 113 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, on reasoned and objective grounds, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or minority members.
2018/10/01
Committee: EMPL
Amendment 117 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – introductory part
1. The management or administrative organ of the company which intends to carry out a cross-border conversion shall draw up the draft terms of a cross-border conversionnot less than two months before the date of the general meeting referred to in Article 86i. The draft terms of a cross- border conversion shall include at least the following:
2018/10/01
Committee: EMPL
Amendment 126 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k
(k) where appropriatethey exist, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements.
2018/10/01
Committee: EMPL
Amendment 131 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – Title
Report of the management or administrative organ to the members and to the representatives of the employees
2018/10/01
Committee: EMPL
Amendment 133 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (UE) 2017/1132
Article 86 e– paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report explaining and justifying to members the legal and economic aspects of the cross-border conversion and explaining to the representatives of the employees the implications of the cross- border conversion for them.
2018/10/01
Committee: EMPL
Amendment 138 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
(ca) the implications of the cross- border conversion of the safeguarding of employment relationships;
2018/10/01
Committee: EMPL
Amendment 139 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2– point c b (new)
(cb) any material changes in the conditions of employment and in the location of the company´s places of business;
2018/10/01
Committee: EMPL
Amendment 142 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points (a), (c a) and (c b) also relate to any subsidiaries of the company.
2018/10/01
Committee: EMPL
Amendment 144 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e–paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly availableand to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 86i.
2018/10/01
Committee: EMPL
Amendment 147 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 a (new)
3a. Where the management or administrative organ of the company carrying out the cross border conversion receives, in good time, an opinion from the representatives of their employees or, where there are bi such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
2018/10/01
Committee: EMPL
Amendment 150 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4
4. However, that reporte information referred to in points (b) and (c) of paragraph 1 shall not be required where all the members of the company carrying out the cross-border conversion have agreed to waive this requirement. Where a company carrying out the cross-border conversions and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the information referred to in points (d), (e) and 8f) of paragraph 1 shall not be required.
2018/10/01
Committee: EMPL
Amendment 153 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 a (new)
4a. Paragraphs 1 to 4 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC.
2018/10/01
Committee: EMPL
Amendment 156 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f
Article 86f Report of tdeleted The management or administrative organ to the employees 1. organ of the company carrying out the cross-border conversion shall draw up a report explaining the implications of the cross-border conversion for employees. 2. paragraph 1, shall in particular explain the following: (a) border conversion on the future business of the company and on the management's strategic plan; (b) border conversion on the safeguarding of employment relationships; (c) any material changes in the conditions of employment and in the location of the company’s places of business; (d) points (a), (b) and (c) also relate to any subsidiaries of the company. 3. paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the members of the company carrying out the cross-border conversion. 4. administrative organ of the company carrying out the cross-border conversion receives, in good time, an opinion from the representatives of their employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report. 5. carrying out the cross-border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the report referred to in pThe report referred to in the implications of the cross- the implications of the cross- whether the factors set out in The report referred to in Where the management or However, where a company Paragraphs 1 shall not be required. 6. prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC.to 6 are without
2018/10/01
Committee: EMPL
Amendment 192 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g– paragraph 1
1. Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine and assess the draft terms of the cross-border conversion and the reports referred to in Articles 86e and 86f, subject to the provisoions set out in paragraph 6 of this Article.
2018/10/01
Committee: EMPL
Amendment 195 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 2 – point b
(b) the reports referred to in Articles 86e and 86f.
2018/10/01
Committee: EMPL
Amendment 198 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 2
2. The competent authority shall appoint an independent expert within five working days from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The expert shall be independent from the company carrying out the cross-border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
2018/10/01
Committee: EMPL
Amendment 207 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 1 – point b
(b) the independent expert report referred to in Article 86g, where applicable, and without disclosing any confidential information;
2018/10/01
Committee: EMPL
Amendment 209 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 1 – point c a (new)
(ca) Member States shall ensure that information regarding the publication of the notice referred to in point (c) is also made available by a general announcement in a suitable place in the company carrying out the cross-border conversion.
2018/10/01
Committee: EMPL
Amendment 213 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 i– paragraph 1
1. After taking note of the reports referred to in Articles 86e, 86f and 86g, where applicable, the general meeting of the company carrying out the conversion shall decide, by means of a resolution, whether to approve the draft terms of the cross-border conversion. The company shall inform the competent authority designated in accordance with Article 86m(1) of the decision of the general meeting.
2018/10/01
Committee: EMPL
Amendment 215 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 2
2. Member States shall ensure that the members referred to in paragraph 1, may dispose of their shareholdings, in consideration of adequppropriate cash compensation paid, once the cross-border conversion has taken effect in accordance with Article 86r, to one or more of the following:
2018/10/01
Committee: EMPL
Amendment 217 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 3
3. Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequppropriate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86i. Member States shall further ensure that the company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
2018/10/01
Committee: EMPL
Amendment 231 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2 – introductory part
2. However, the rules in force concerning employee participation, if any, in the destination Member State shall not apply, where the company carrying out the conversion has, in the six months prior to the publication of the draft terms of the cross-border conversion as referred to in Article 86d of this Directive, an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the departure Member State, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law of the destination Member State does not:
2018/10/01
Committee: EMPL
Amendment 278 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86m – paragraph 2 – point b
(b) the reports referred to in Articles 86e, 86f and 86g, as appropriate;
2018/10/01
Committee: EMPL
Amendment 303 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – title
Article 124 Report of the management or administrative organ to the members and to the representatives of the employees
2018/10/01
Committee: EMPL
Amendment 304 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 1 – introductory part
1. The management or administrative organ of each of the merging companies shall draw up a report explaining and justifying to members, the legal and economic aspects of the cross-border merger and explaining to the representatives of the employees the implications of the cross-border merger for them.
2018/10/01
Committee: EMPL
Amendment 305 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e a (new)
(ea) the implications of the cross- border merger on the safeguarding of the employment relationships;
2018/10/01
Committee: EMPL
Amendment 306 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
´Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e b (new)
(eb) any material changes in the conditions of employment and in the locations of the companies places of business
2018/10/01
Committee: EMPL
Amendment 307 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e c (new)
(ec) whether the factors set out in points (a), (ea), and (eb) also relate to any subsidiaries of the merging companies.
2018/10/01
Committee: EMPL
Amendment 309 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies and to the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselves. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
2018/10/01
Committee: EMPL
Amendment 312 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3 a (new)
3a. Where the management or administrative organ of one or more of the merging companies receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to the report.
2018/10/01
Committee: EMPL
Amendment 314 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124–paragraph 4
4. However, the reportinformation referred to in points (b) to (e) of paragraph 1, shall not be required where all the members of the merging companies have agreed to waive this requirement.; Where the merging companies and their subsidiaries, if any, have no employees, other than those who form part of their management or administrative organ, the information referred to in points (f), (g), and (h) of paragraph 1 shall not be required.
2018/10/01
Committee: EMPL
Amendment 315 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124– paragraph 4 a (new)
4a. The submission of the report is without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
2018/10/01
Committee: EMPL
Amendment 316 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124 a
(10) the following Article 124a is inserted: “Article 124a Report of the management or administrative organ to the employees 1. organ of each of the merging companies shall draw up a report explaining the implications of the cross-border merger for employees. 2. paragraph 1, shall in particular explain the following: (a) border merger on the future business of the company and on the management's strategic plan; (b) border merger on the safeguarding of the employment relationships; (c) conditions of employment and in the locations of the companies’ places of business; (d) points (a), (b) and (c) also relate to any subsidiaries of the merging companies. 3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the members of each of the merging companies. However, where the approval of the merger is not required by general meeting of the acquiring company, in accordance with Article 126(3), the report shall be available at least one month before the date of the general meeting of the other merging company or companies. 4. administrative organ of one or more of the merging companies receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to the report. 5. companies and their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the report referred in paragraph 1 shall not be required to be drawn up. 6. The submission of the report is without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.;”deleted The management or administrative The report referred to in the implications of the cross- the implications of the cross- any material changes in the whether the factors set out in Where the management or However, where the merging
2018/10/01
Committee: EMPL
Amendment 337 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2017/1132
Article 126 – paragraph 1
1. After taking note of the reports referred to in Articles 124, 124a and 125, as appropriate, the general meeting of each of the merging companies shall decide, by means of a resolution, on the approval of the common draft terms of the cross-border merger.;
2018/10/01
Committee: EMPL
Amendment 338 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2017/1132
Article 126a
2. Member States shall ensure that the members referred to in paragraph 1 of this Article, may dispose of their shareholdings in consideration of adequppropriate cash compensation, paid, once the cross-border merger has taken effect in accordance with Article 129, to one or more of the following:
2018/10/01
Committee: EMPL
Amendment 340 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a
3. Member States shall ensure that each of the merging companies makes an offer of adequppropriate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126 or, in cases where the approval of the general meeting is not required, within two months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
2018/10/01
Committee: EMPL
Amendment 343 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b
Directive (EU) 2017/1132
Article 132 – paragraph 3
3. Where the laws of Member States of all of the merging companies provide for the exemption from the approval by general meeting in accordance with Article 126(3) and paragraph 1 of this Article, the common draft terms of cross-border merger or the information referred to in paragraphs 1 to 3 of Article 123 respectively and the reports referred to in Articles 124 and 124a, shall be made available at least one month before the decision on the merger is taken by the company in accordance with the national law.;
2018/10/01
Committee: EMPL
Amendment 366 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2017/1132
Article 160d – paragraph 3
3. The Member State of the company being divided shall ensure that the competent authority shall not authorise the division when it determines, on reasoned and objective grounds, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members.
2018/10/01
Committee: EMPL
Amendment 367 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – introductory part
1. The management or administrative organ of the company being divided shall draw up the draft terms of cross-border division not less than two months before the date of the general meeting referred to in Article 160k. The draft terms of cross- border division shall include at least the following:
2018/10/01
Committee: EMPL
Amendment 371 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 1–paragraph 1– point l
(l) where appropriatethey exist, information on (l) the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the recipient companies are determined pursuant to Article160n and on the possible options for such arrangements;
2018/10/01
Committee: EMPL
Amendment 373 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – title
Article 160g Report of the management or administrative organ to the members and to the representatives of the employees
2018/10/01
Committee: EMPL
Amendment 374 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 1
1. The management or administrative organ of the company being divided shall draw up a report explaining and justifying to members the legal and economic aspects of the cross-border division and explaining to the representatives of the employees the implications of the cross-border division for them.
2018/10/01
Committee: EMPL
Amendment 375 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e a (new)
(ea) the implications of the cross- border division on the safeguarding of the employment relationships;
2018/10/01
Committee: EMPL
Amendment 376 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e b (new)
(eb) any material change in the conditions of employment and the locations of the companies ‘places of business;
2018/10/01
Committee: EMPL
Amendment 377 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e c (new)
(ec) whether the factors set out in points (a), 8f) and (g) also relate to any subsidiaries of the company being divided.
2018/10/01
Committee: EMPL
Amendment 380 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3 a (new)
3a. Where the management or administrative organ of the company being divided receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
2018/10/01
Committee: EMPL
Amendment 382 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160 g – paragraph 4
4. However, the reportinformation referred to in points (b) to (e) of paragraph 1, shall not be required where all the members of the company being divided have agreed to waive this document. Where the company being divided and all of their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the information referred to in points (f9, (g), and (h) of paragraph 1 shall not be required.
2018/10/01
Committee: EMPL
Amendment 383 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4 a (new)
4a. Paragraph 1 to 5 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
2018/10/01
Committee: EMPL
Amendment 384 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 160h Report of tdeleted The management or administrative organ to the employees 1. organ of the company being divided shall draw up a report explaining the implications of the cross-border division for employees. 2. paragraph 1 shall in particular explain the following: (a) border division on the future business of the recipient companies and, in the case of a partial division, also of the company being divided and on the management's strategic plan; (b) border division on the safeguarding ofThe report referred to in the implications of the cross- the eimployment relationships; (c) conditions of employment and the locations of the companies’ places of business; (d) points (a), (b) and (c) also relate to any subsidiaries of the company being divided. 3. paragraph 1 shall be made available, at least electronically, to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 160k. The report shall also be made similarly available to the members of the company being divided. 4. administrative organ of the company being divided receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report. 5. being divided and all of their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the report referred to in paragraph 1, shall not be required. 6. prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.ications of the cross- any material change in the whether the factors set out in The report referred to in Where the management or However, where the company Paragraphs 1 to 5 are without
2018/10/01
Committee: EMPL
Amendment 401 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i–paragraph 1
1. Member States shall ensure that the company being divided applies to the competent authority, designated in accordance with Article 160o(1), not less than two months before the date of the general meeting referred to in Article 160k, to appoint an expert to examine and assess the draft terms of cross-border division and the reports referred to in Articles 160g and 160h, subject to the proviso set out in paragraph 6 of this Article.
2018/10/01
Committee: EMPL
Amendment 402 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
(b) the reports referred to in Articles 160g and 160h.
2018/10/01
Committee: EMPL
Amendment 404 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160j – paragraph 1 – point b
(b) the independent expert report referred to in Article 160i, where applicable and without disclosing any confidential information;
2018/10/01
Committee: EMPL
Amendment 407 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160k – paragraph 1
1. After taking note of the reports referred to in Articles 160g, 160h and 160i, where applicable, the general meeting of the company being divided shall decide by means of a resolution, whether to approve the draft terms of cross-border division. The company shall inform the competent authority designated in accordance with Article 160o(1) of the decision of the general meeting.
2018/10/01
Committee: EMPL
Amendment 408 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 2
2. Member States shall ensure that the members referred to in paragraph 1, may dispose of their shareholdings, in consideration of adequppropriate cash compensation paid, once the cross-border division has taken effect in accordance with Article 160t, by one or more of the following:
2018/10/01
Committee: EMPL
Amendment 409 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 3
3. Member States shall ensure that a company being divided makes an offer of adequppropriate cash compensation in the draft terms of the cross-border division as specified in Article 160e(1)(q) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in Article 160k. Member States shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
2018/10/01
Committee: EMPL
Amendment 416 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
2. However, the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border division has its registered office shall not apply, where the company being divided, in the six months prior to the publication of the draft terms of the cross-border division as referred to in Article 160e of this Directive, has an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the Member State of the company being divided, which triggers the participation of employees within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law applicable to each of the recipient companies does not:
2018/10/01
Committee: EMPL
Amendment 447 #

2018/0114(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160o – paragraph 2 – point b
(b) the reports referred to in Articles 160g, 160h and 160i, as appropriate;
2018/10/01
Committee: EMPL
Amendment 73 #

2018/0112(COD)

Proposal for a regulation
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
2018/10/08
Committee: IMCO
Amendment 89 #

2018/0112(COD)

Proposal for a regulation
Recital 7
(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. In accordance with Regulation (EC) No 44/2001 (Brussels I) and Regulation (EC) No 593/2008 (Rome I), this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more Member States, irrespective of where in the Union. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
2018/10/08
Committee: IMCO
Amendment 110 #

2018/0112(COD)

Proposal for a regulation
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
2018/10/08
Committee: IMCO
Amendment 129 #

2018/0112(COD)

Proposal for a regulation
Recital 13
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguousplain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguousplain and intelligible language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Moreover, language that could be seen as misleading in the choice of phrasing should not be considered plain and intelligible.
2018/10/08
Committee: IMCO
Amendment 152 #

2018/0112(COD)

Proposal for a regulation
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, as well as the exercise of fundamental rights business users enjoy, such as the freedom to conduct business and freedom of expression, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
2018/10/08
Committee: IMCO
Amendment 179 #

2018/0112(COD)

Proposal for a regulation
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means such as default settings, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
2018/10/08
Committee: IMCO
Amendment 202 #

2018/0112(COD)

Proposal for a regulation
Recital 22
(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. That internal complaint-handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user in a reasonable period of time. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint- handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolutionshould regularly review their internal complaint- handling system.
2018/10/08
Committee: IMCO
Amendment 208 #

2018/0112(COD)

Proposal for a regulation
Recital 24
(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. Nonetheless, providers of online intermediation services and their business users should remain free to jointly identify any mediator of their choice after a dispute has arisen between them. In order to be accessible, fair, and as swift, efficient and effective as possible, thoseall identified mediators should meet certain set criteria.
2018/10/08
Committee: IMCO
Amendment 221 #

2018/0112(COD)

Proposal for a regulation
Recital 28
(28) Codes of conduct, drawn up either by the service providers concerned or by qualified organisations or associations representing them, can contribute to the proper application of this Regulation and should therefore be encouraged. When drawing up such codes of conduct, in consultation with all relevant stakeholders, account should be taken of the specific features of the sectors concerned as well as of the specific characteristics of micro, small and medium-sized enterprises.
2018/10/08
Committee: IMCO
Amendment 288 #

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Providers of online intermediation services and online search engines shall ensure that their terms and conditions:
2018/10/08
Committee: IMCO
Amendment 290 #

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguousplain and intelligible language;
2018/10/08
Committee: IMCO
Amendment 296 #

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) are easily available for corporate website users and business users at all stages of their commercial relationship with the provider of online intermediation services, including in the pre-contractual stage;
2018/10/08
Committee: IMCO
Amendment 304 #

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
2018/10/08
Committee: IMCO
Amendment 310 #

2018/0112(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users and corporate business users; in making such decisions, online intermediation service providers must respect the fundamental rights enshrined in the Charter of Fundamental Rights of the EU and comply with the principle of proportionality.
2018/10/08
Committee: IMCO
Amendment 374 #

2018/0112(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. Where a suspension or termination are based on a correctable infringement of the terms and conditions and not committed in bad faith, provider of online intermediation services shall seek to reinstate the business user as soon as the non-compliance is corrected. Where a suspension or termination is found to be in error, the business user shall be reinstalled without delay and under the same conditions as before the suspension or termination.
2018/10/08
Committee: IMCO
Amendment 407 #

2018/0112(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguousplain and intelligible language on the online search engines of those providers. They shall keep that description up to date.
2018/10/08
Committee: IMCO
Amendment 463 #

2018/0112(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) ranking and default settings;
2018/10/08
Committee: IMCO
Amendment 484 #

2018/0112(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Providers of online intermediation services and search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users and corporate website users to any personal data or other data, or both, which business users, corporate website users or consumers provide for the use of the search engines or the online intermediation services concerned or which are generated through the provision of those services.
2018/10/08
Committee: IMCO
Amendment 556 #

2018/0112(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part
That internal complaint-handling system shall be easily accessible for business users and ensure handling within a reasonable timeframe. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues:
2018/10/08
Committee: IMCO
Amendment 569 #

2018/0112(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguousplain and intelligible language.
2018/10/08
Committee: IMCO
Amendment 638 #

2018/0112(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. The obligation set out in paragraph 1 shall not apply to providers of online intermediation services that are small enterprises within the meaning of Article 2(2) of the Annex to Recommendation 2003/361/EC.
2018/10/08
Committee: IMCO
Amendment 643 #

2018/0112(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.
2018/10/08
Committee: IMCO
Amendment 32 #

2018/0111(COD)

Proposal for a directive
Recital 1
(1) Directive 2003/98/EC of the European Parliament and of the Council28 has been substantially amended28a. Since further amendments are to be made, that Directive should be recast in the interests of clarity. _________________ 28 Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90). 28a See Annex I, Part A.
2018/07/16
Committee: IMCO
Amendment 33 #

2018/0111(COD)

Proposal for a directive
Recital 4
(4) The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the European economy and society focus on the following areas: the provision of real-time access to dynamic data via adequate technical means, increasing the supply of high-value public data for re-use, including from public undertakings, research performing organisations and research funding organisations, tackling the emergence of new forms of exclusive arrangements, the use of exceptions to the principle of charging the marginal cost and the relationship between this Directive and certain related legal instruments, including Directive 96/9/EC31, 2003/4/EC31a and Directive 2007/2/EC of the European Parliament and of the Council32 . _________________ 31 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20). 31a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41/26, 14.2.2003). 32 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p.1).
2018/07/16
Committee: IMCO
Amendment 38 #

2018/0111(COD)

Proposal for a directive
Recital 11
(11) Allowing the accessibility and re- use of documents held by a public sector body adds value for the re-users, for the end users and for society in general and in many cases for the public body itself, by promoting transparency and accountability and providing feedback from re-users and end users which allows the public sector body concerned to improve the quality of the information collected.
2018/07/16
Committee: IMCO
Amendment 39 #

2018/0111(COD)

Proposal for a directive
Recital 12
(12) There are considerable differences in the rules and practices in the Member States relating to the exploitation of public sector information resources, which constitute barriers to bringing out the full economic potential of this key document resource. Practice in public sector bodies in exploiting public sector information continues to vary among Member States . That should be taken into account. Minimum harmonisation of national rules and practices on the accessibility and re- use of public sector documents should therefore be undertaken, in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the Community.
2018/07/16
Committee: IMCO
Amendment 43 #

2018/0111(COD)

Proposal for a directive
Recital 16
(16) A general framework for the conditions governing re-use of public sector documents is needed in order to ensure fair, proportionate and non- discriminatory conditions for the accessibility and re-use of such informationdocuments. Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Use of such documents for other reasons constitutes a re-use. Member States' policies can go beyond the minimum standards established in this Directive, thus allowing for more extensive re-use.
2018/07/16
Committee: IMCO
Amendment 51 #

2018/0111(COD)

Proposal for a directive
Recital 27
(27) Public sector bodies are increasingly making their documents available for access and re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection in real-time and without delay, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence.
2018/07/16
Committee: IMCO
Amendment 54 #

2018/0111(COD)

Proposal for a directive
Recital 28
(28) In order to get access to the data opened for re-use by this Directive, the use of suitable and well-designed Application Programming Interfaces (APIs) is needed. An API describes the kind of data can be retrieved, how to do this and the format in which the data will be received. It has different levels of complexity and can mean a simple link to a database to retrieve specific datasets, a web interface, or more complex set-ups. There is general value in re-using and sharing data via a suitable use of APIs as this will help developers and start-ups to create new services and products. It is also a crucial ingredient of creating valuable ecosystems around data assets that are often unused. The set-up and use of API needs to be based on several principles: stability, maintenance over lifecycle, uniformity of use and standards, user-friendliness as well as security. For dynamic data, meaning frequently updated data, often in real -time, public sector bodies and public undertakings shall make this available for re-use immediately after collection by ways of suitable APIs. (Should not be put to the vote)
2018/07/16
Committee: IMCO
Amendment 60 #

2018/0111(COD)

Proposal for a directive
Recital 32
(32) Charges for the access and re-use of documents constitute an important market entry barrier for start-ups and SMEs. Documents should therefore be made accessible and available for re-use without charges and, where charges are necessary , they should in principle be limited to the marginal costs. In exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
2018/07/16
Committee: IMCO
Amendment 62 #

2018/0111(COD)

Proposal for a directive
Recital 36
(36) Ensuring that the conditions for access and re- use of public sector documents are clear and publicly available is a pre-condition for the development of a Union-wide information market. Therefore all applicable conditions for the access and re-use of the documents should be made clear to the potential re-users. Member States should encourage the creation of indices accessible on line, where appropriate, of available documents so as to promote and facilitate requests for re- use. Applicants for access and re-use of documents held by entities other than public undertakings, educational establishments, research performing organisations and research funding organisations should be informed of available means of redress relating to decisions or practices affecting them. This will be particularly important for SMEs which may not be familiar with interactions with public sector bodies from other Member States and corresponding means of redress.
2018/07/16
Committee: IMCO
Amendment 63 #

2018/0111(COD)

Proposal for a directive
Recital 37
(37) The means of redress should include the possibility of review by an impartial review body. That body could be an already existing national authority, such as the national competition authority, the national access to documents authority or a national judicial authority. That body should be organised in accordance with the constitutional and legal systems of Member States and should not prejudge any means of redress otherwise available to applicants for access and re-use. It should however be distinct from the Member State mechanism laying down the criteria for charging above marginal costs. The means of redress should include the possibility of review of negative decisions but also of decisions which, although permitting re-use, could still affect applicants on other grounds, notably by the charging rules applied. The review process should be swift, in accordance with the needs of a rapidly changing market.
2018/07/16
Committee: IMCO
Amendment 66 #

2018/0111(COD)

Proposal for a directive
Recital 52
(52) Tools that help potential re-users to find documents available for access and re-use and the conditions for re-use can facilitate considerably the cross-border use of public sector documents. Member States should therefore ensure that practical arrangements are in place that help re-users in their search for documents available for re-use. Assets lists, accessible preferably online, of main documents (documents that are extensively re-used or that have the potential to be extensively re-used), and portal sites that are linked to decentralised assets lists are examples of such practical arrangements.
2018/07/16
Committee: IMCO
Amendment 82 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
1a. This Directive shall guarantee the right to access and/or to re-use documents held by or for public sector bodies and sets out the basic terms and conditions of, and the practical arrangements for, its exercise.
2018/07/16
Committee: IMCO
Amendment 88 #

2018/0111(COD)

Proposal for a directive
Article 1 – paragraph 6
6. This Directive governs the re-use of existing documents held by public sector bodies of the Member States, including documents to which Directive 2007/2/EC of the European Parliament and of the Council46 appliesnd Directive 2003/4/EC of the European Parliament and of the Council46a apply. _________________ 46 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1). 46a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41/26, 14.2.2003).
2018/07/16
Committee: IMCO
Amendment 91 #

2018/0111(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Subject to paragraph 2 Member States shall ensure that documents to which this Directive applies in accordance with Article 1 shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
2018/07/16
Committee: IMCO
Amendment 92 #

2018/0111(COD)

Proposal for a directive
Article 3 – paragraph 2
2. For documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for documents held by public undertakings , Member States shall ensure that, where the access and/or re-use of such documents is allowed, these documents shall be accessible and/or re- usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV.
2018/07/16
Committee: IMCO
Amendment 93 #

2018/0111(COD)

Proposal for a directive
Article 3 a (new)
Article 3a Quality of documents 1. Member States shall, so far as is within their power, ensure that any document that is compiled by them or on their behalf is up to date, accurate and comparable. 2. Upon request, public sector bodies shall reply to requests for the accessibility and/or the re-use of documents, reporting to the applicant on the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling, and pre- treatment of samples, used in compiling the information, or referring to a standardised procedure used.
2018/07/16
Committee: IMCO
Amendment 94 #

2018/0111(COD)

Proposal for a directive
Chapter 2 – title
ACCESS TO DOCUMENTS AND/OR REQUESTS FOR RE-USE
2018/07/16
Committee: IMCO
Amendment 95 #

2018/0111(COD)

Proposal for a directive
Article 4 – title
4. Requirements applicable to requests for access to documents and/or the processing of requests for re-use
2018/07/16
Committee: IMCO
Amendment 96 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph -1 (new)
-1. Member States shall ensure that public sector bodies are required, in accordance with the provisions of this Directive, to make available documents held by or for them to any applicant upon request and without having to state an interest.
2018/07/16
Committee: IMCO
Amendment 97 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Public sector bodies shall, through electronic means where possible and appropriate, process requests for access to documents and/or for their re-use and shall make the document available for re- use to the applicant or, if a licence is needed for re- use, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.
2018/07/16
Committee: IMCO
Amendment 98 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies shall process the request and shall deliver the documents for re-use to the applicant or, if a licence is needed for re-use, finalise the licence offer to the applicant as soon as possible or, at the latest, within a timeframe of not more than 20 working days after its receipt. This timeframe may be extended by another 20 working days for extensive or complex requests. In such cases the applicant shall be notified as soon as possible, and in any case within three weeks after the initial request that more time is needed to process it and of the reasons for it.
2018/07/16
Committee: IMCO
Amendment 99 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 3
3. In the event of a negative decision, the public sector bodies shall communicate the groundreasons for refusaling, in full or in part, access to and/or re-use of a document, to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the national provisions adopted pursuant to this Directive, in particular points (a) to (g) of Article 1(2) or Article 3. Where a negative decision is based on point (c) of Article 1(2), the public sector body shall include a reference to the natural or legal person who is the rightholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives shall not be required to include such a reference.
2018/07/16
Committee: IMCO
Amendment 100 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 3 a (new)
3a. The reasons for a refusal to make documents available, in full or in part, in the form or format requested shall be provided to the applicant within 20 working days.
2018/07/16
Committee: IMCO
Amendment 102 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 3 c (new)
3c. The reasons for refusing a request for the access to or re-use of documents mentioned in paragraph 3b and Article 1(2) shall be interpreted in a restrictive way, taking into account for the particular case the public interest served by disclosure. In every particular case, the public interest served by disclosure shall be weighed against the interest served by the refusal.
2018/07/16
Committee: IMCO
Amendment 103 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 3 d (new)
3d. Where a Member State provides for exceptions, it may draw up a publicly accessible list of criteria on the basis of which the body concerned may decide how to handle requests.
2018/07/16
Committee: IMCO
Amendment 104 #

2018/0111(COD)

Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. For the purposes of this Article, Member States shall ensure that: (a) officials are required to support the public in seeking access to documents; (b) lists of public sector bodies are publicly accessible; and (c) the practical arrangements are defined for ensuring that the right of access to documents and their re-use can be effectively exercised, such as: – the designation of information officers; – the establishment and maintenance of facilities for the examination of the documents required, – registers or lists of documents held by public sector bodies or information points, with clear indications of where such documents can be found. Member States shall ensure that public sector bodies inform the public adequately of the rights they enjoy as a result of this Directive and to an appropriate extent provide information, guidance and advice to this end.
2018/07/16
Committee: IMCO
Amendment 105 #

2018/0111(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
For the purposes of this paragraph, public sector bodies shall make all reasonable efforts to maintain documents held by or for them in forms or formats that are readily reproducible and accessible by electronic means.
2018/07/16
Committee: IMCO
Amendment 106 #

2018/0111(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Public sector bodies and public undertakings shall make dynamic data available for re-use immediately after collection, in real-time and without delay wherever possible, via suitable Application Programming Interfaces (APIs).
2018/07/16
Committee: IMCO
Amendment 107 #

2018/0111(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Where making available documents immediately after collection in real-time and without delay would exceed the financial and technical capacities of the public sector body or the public undertaking, documents referred to in paragraph 4 shall be made available in a timeframe that does not unduly impair the exploitation of their economic potential. The exact delay timeframe and update frequency shall be notified to users of such documents.
2018/07/16
Committee: IMCO
Amendment 110 #

2018/0111(COD)

Proposal for a directive
Article 6 – paragraph 1
1. RAccess to and the re-use of documents shall be free of charge or limited to the marginal costs incurred for their reproduction, provision and dissemination , and – where applicable – anonymisation of personal data and measures taken to protect commercially confidential information .
2018/07/16
Committee: IMCO
Amendment 128 #

2018/0111(COD)

1a. The list pursuant to paragraph 1 shall include any and all spatial information which is subject of Directive 2007/2/EC.
2018/07/16
Committee: IMCO
Amendment 36 #

2018/0106(COD)

Proposal for a directive
Recital 5
(5) Accordingly, common minimum legal standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest.
2018/09/07
Committee: AFCO
Amendment 38 #

2018/0106(COD)

Proposal for a directive
Recital 10
(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).
2018/09/07
Committee: AFCO
Amendment 40 #

2018/0106(COD)

Proposal for a directive
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
2018/09/07
Committee: AFCO
Amendment 55 #

2018/0106(COD)

Proposal for a directive
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law.
2018/09/07
Committee: AFCO
Amendment 58 #

2018/0106(COD)

Proposal for a directive
Recital 30 a (new)
(30 a) Effective protection implies adequate training and a resource office available to inform whistleblowers on their rights, disclosure options, and limitations so they are aware of their rights and responsibilities.
2018/09/07
Committee: AFCO
Amendment 62 #

2018/0106(COD)

Proposal for a directive
Recital 34
(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate. The staff serving in those agencies shall be specialised and have proper training and formation.
2018/09/07
Committee: AFCO
Amendment 98 #

2018/0106(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
2018/09/07
Committee: AFCO
Amendment 116 #

2018/0106(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Member States shall have specific provisions concerning data and documents covered by secret of defence, classified information, public order, or other exceptions based on their national law, if applicable.
2018/09/07
Committee: AFCO
Amendment 190 #

2018/0106(COD)

Proposal for a directive
Article 10 – paragraph 1 – point a
a) the conditions under which reporting persons and/or intermediators qualify for protection under this Directive;
2018/09/07
Committee: AFCO
Amendment 61 #

2018/0090(COD)

Proposal for a directive
Recital 6
(6) To facilitate more consistent application of penalties, in particular in intra-Union infringements, widespread infringements and widespread infringements with a Union dimension referred to in Regulation (EU) 2017/2394, common non-exhaustive criteria should be introduced for the application of fines. These criteria should include the cross- border nature of the infringement, namely whether the infringement has harmed consumers also in other Member States. Any redress provided by the trader to consumers for the harm caused, as well as the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement in question and to mitigate the potential adverse effects thereof, should also be taken into account. Repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the penalty to achieve effective deterrence. The criterion of financial benefits gained, or losses avoided, due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating.
2018/10/01
Committee: IMCO
Amendment 69 #

2018/0090(COD)

Proposal for a directive
Recital 8 a (new)
(8a) Member States´ authorities should exercise their powers regarding penalties proportionately, efficiently and effectively, in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 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).
2018/10/01
Committee: IMCO
Amendment 110 #

2018/0090(COD)

Proposal for a directive
Recital 19 a (new)
(19a) Directive 2000/31/EC of the European Parliament and of the Council 1a provides that online platform providers are not liable for the content stored on their platforms. However, the issue of the reliability of online reviews is obviously important both for consumers and traders operating on the Internet, as it can affect consumers shopping behaviour. Even though the imposition of a systematic verification of online reviews would place an excessive burden on online marketplaces and would compromise the myriad of sources of information for consumers, it is crucial that consumer confidence in online reviews, and more broadly in e-commerce, is maintained. There is a need, therefore, for online marketplaces to provide information to consumers as to whether they have an online review verification procedure and, if there is such a procedure, to describe it. __________________ 1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
2018/10/01
Committee: IMCO
Amendment 144 #

2018/0090(COD)

Proposal for a directive
Recital 33
(33) Directive 2011/83/EU provides fully harmonised rules regarding the right of withdrawal from distance and off- premises contracts. In this context, two concrete obligations have been shown to constitute disproportionate burdens on traders and should be deleted.
2018/10/01
Committee: IMCO
Amendment 149 #

2018/0090(COD)

Proposal for a directive
Recital 34
(34) The first relates to the consumer right to withdraw from sales contracts concluded at a distance or off-premises even after using goods more than necessary to establish their nature, characteristics and functioning. According to Article 14(2) of Directive 2011/83/EU, a consumer is still able to withdraw from the online/off-premises purchase even if he or she has used the good more than allowed; however, in such a case, the consumer can be held liable for any diminished value of the good.deleted
2018/10/01
Committee: IMCO
Amendment 157 #

2018/0090(COD)

Proposal for a directive
Recital 35
(35) The obligation to accept the return of such goods creates difficulties for traders who are required to assess the ‘diminished value’ of the returned goods and to resell them as second-hand goods or to discard them. It distorts the balance between a high level of consumer protection and the competitiveness of enterprises pursued by Directive 2011/83/EU. The right for consumers to return goods in such situations should therefore be deleted. Annex I of Directive 2011/83/EU 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.deleted
2018/10/01
Committee: IMCO
Amendment 164 #

2018/0090(COD)

Proposal for a directive
Recital 36
(36) The second obligation concerns Article 13 of Directive 2011/83/EU, according to which traders can withhold the reimbursement until they have received the goods back, or until the consumer has supplied evidence of having sent them back, whichever is the earliest. The latter option may, in some circumstances, effectively require traders to reimburse consumers before having received back the returned goods and having had the possibility to inspect them. It distorts the balance between a high level of consumer protection and the competitiveness of enterprises pursued by Directive 2011/83/EU. Therefore, the obligation for traders to reimburse the consumer on the mere basis of the proof that the goods have been sent back to the trader should be deleted. Annex I of Directive 2011/83/EU 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.deleted
2018/10/01
Committee: IMCO
Amendment 170 #

2018/0090(COD)

Proposal for a directive
Recital 38
(38) Considering technological developments, it is necessary to remove the reference to fax number from the list of the means of communication in Article 6(1)(c) of Directive 2011/83/EU since fax is rarely used and largely obsolete. Furthermore, traders should be able to provide, as alternative to an e-mail address, other means of online communication with consumers, for example, online forms and chats, provided that such alternative means enable the consumer to retain the content of the communication on a durable medium in a similar way as e-mail, as well as to prove that the consumer has contacted the trader. Annex I of the Directive 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.
2018/10/01
Committee: IMCO
Amendment 251 #

2018/0090(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 2 – point g a (new)
(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.
2018/10/01
Committee: IMCO
Amendment 253 #

2018/0090(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 2 a (new)
2a. Member States shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 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).
2018/10/01
Committee: IMCO
Amendment 277 #

2018/0090(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’s online search query, to promote a product where a trader has paid for the promotion without making that clear in the content or search results or by images or sounds clearly and easily identifiable by the consumer (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2018/10/01
Committee: IMCO
Amendment 319 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1 – point c
(c) the geographical address at which the trader is established as well as the trader’s telephone number, e-mail address or other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium, including that which proves that the consumer has contacted the trader, in order to enable the consumer to contact the trader quickly and communicate with him efficiently. Where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.
2018/10/01
Committee: IMCO
Amendment 331 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part
Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplace, the online marketplace shall in addition provide the following information in a clear and user-friendly manner:
2018/10/01
Committee: IMCO
Amendment 358 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
(da) whether online reviews have been verified.
2018/10/01
Committee: IMCO
Amendment 392 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
(a) paragraph 3 is replaced by the following: “3. collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back.”deleted Unless the trader has offered to
2018/10/01
Committee: IMCO
Amendment 401 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1
Directive 2011/83/EU
Article 14 – paragraph 2
(1) paragraph 2 is replaced by the following: “After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.”deleted
2018/10/01
Committee: IMCO
Amendment 402 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Directive 2011/83/EU
Article 14 – paragraph 2 a (new)
1a. The following paragraph is inserted : “2a. After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.”
2018/10/01
Committee: IMCO
Amendment 419 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 3
Directive 2011/83/EU
Article 16 – paragraph 1– point n
(3) the following point is added: “(n) the supply of goods that the consumer has handled, during the right of withdrawal period, other than what is necessary to establish the nature, characteristics and functioning of the goods.”deleted
2018/10/01
Committee: IMCO
Amendment 429 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 2 – point ga (new)
(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.
2018/10/01
Committee: IMCO
Amendment 430 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 2 a (new)
2a. Member States shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, and national law. __________________ * 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).
2018/10/01
Committee: IMCO
Amendment 441 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point a
Directive 2011/83/EU
Annex I – part A – Right of withdrawal – paragraph 3
(a) the third paragraph of point A under “Right of withdrawal” is replaced by the following: “To exercise the right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. [3]”deleted
2018/10/01
Committee: IMCO
Amendment 447 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point c
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 4
(c) point 4 under “Instructions for completion” is replaced by the following: “[4.] In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back.’.”deleted
2018/10/01
Committee: IMCO
Amendment 450 #

2018/0090(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point d
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 5 – point c
(d) Subpoint (c) of point 5 under “Instructions for completion” is deleted.
2018/10/01
Committee: IMCO
Amendment 459 #

2018/0090(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 – point g a (new)
(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.
2018/10/01
Committee: IMCO
Amendment 460 #

2018/0090(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 a (new)
2a. Member States shall exercise powers set out in this Article proportionately ,efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. __________________ 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).
2018/10/01
Committee: IMCO
Amendment 475 #

2018/0090(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 2 – point g a (new)
(ga) the degree to which the trader has cooperated with Member States´ authorities in order to remedy the consequences of the infringement and to mitigate the potential adverse effects thereof.
2018/10/01
Committee: IMCO
Amendment 476 #

2018/0090(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 2 a (new)
2a. Member States shall exercise powers set out in this Article proportionately ,efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council*, and national law. __________________ * 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).
2018/10/01
Committee: IMCO
Amendment 54 #

2018/0082(COD)

Proposal for a directive
Recital 5
(5) TFreedom of contract is a cornerstone of any business-to-business relationship in the market economy and parties should be able to design contracts that best suit their needs. However, the number and size of operators vary across the different stages of the food supply chain. DTherefore, differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized operators in the food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized.
2018/07/20
Committee: IMCO
Amendment 66 #

2018/0082(COD)

Proposal for a directive
Recital 7
(7) A minimum Union standard of protection against certain widespread manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers. It should benefit all agricultural producers or any natural or legal person that supplies food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12. Those micro, small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on small and medium- sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect small and medium- sized intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. __________________ 12 OJ L 124, 20.5.2003, p. 36. OJ L 124, 20.5.2003, p. 36.
2018/07/20
Committee: IMCO
Amendment 68 #

2018/0082(COD)

Proposal for a directive
Recital 7 a (new)
(7a) It is essential to prohibit at Union level manifestly widespread unfair trading practices in business-to-business relationships between suppliers without bargaining power and non-SME buyers in the food supply chain, and to provide an exhaustive and minimum list of what can be considered as such. Having a broad or vague definition of unfair trading practices could prevent efficiency- enhancing behaviours and commercial practices between those operators from taking place. Proscribing behaviours that are efficiency- enhancing will reduce the surplus to a transaction and likely harm all parties to it, making it imperative not to incorrectly identify such behaviours as unfair trading practices at Union level.
2018/07/20
Committee: IMCO
Amendment 73 #

2018/0082(COD)

Proposal for a directive
Recital 10
(10) As a majority of Member States already have national rules on unfair trading practices, albeit diverging, it is appropriate to use the tool of a Directive to introduce a minimum protection standard against widespread unfair practices under Union law. This should enable Member States to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium-sized suppliers and buyers against unfair trading practices occurring in business-to-business relationships in the food supply chain, subject to proportionality and the limits of Union law applicable to the functioning of the internal market.
2018/07/20
Committee: IMCO
Amendment 79 #

2018/0082(COD)

Proposal for a directive
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, Member States should ensure that the provisions of this Directive should apply to such widespread practices whenever they occur.
2018/07/20
Committee: IMCO
Amendment 82 #

2018/0082(COD)

Proposal for a directive
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agrerrangements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements betweena specific distinction between provisions or conditions agreed ex-ante and which typically lead to efficiencies for both parties fromand practices that occur after the transaction has stex-post and reduce or eliminate the efficiencies for the partedy without being agreed in advance in clear and unambiguous terms, so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited weaker bargaining power should be applied in this Directive. Contractual provisions or trading conditions agreed ex-ante should only be regulated as unfair trading practices where it is generally the case that they do not lead to efficiencies for the party with weaker bargaining power in the transaction. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them.
2018/07/20
Committee: IMCO
Amendment 97 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive establishes a minimum list of widespread prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
2018/07/20
Committee: IMCO
Amendment 106 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive applies to certain widespread unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise.
2018/07/20
Committee: IMCO
Amendment 110 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 3
3. This Directive shall apply to supply agrerrangements concluded after the date of applicability of the provisions transposing this Directive referred to in the second subparagraph of Article 12(1).
2018/07/20
Committee: IMCO
Amendment 112 #

2018/0082(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
2018/07/20
Committee: IMCO
Amendment 130 #

2018/0082(COD)

Proposal for a directive
Recital 12 a (new)
(12 a) A supplier should be able to require that their trading arrangement with the buyer in agricultural and food chain such as delivery of products be subject to a written contract with all the relevant aspects of the trading arrangement including elements according to Articles 148(1a) and 168(1a) of Regulation No (EU) 1308/2013.
2018/07/20
Committee: AGRI
Amendment 139 #

2018/0082(COD)

Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
(ea) "widespread unfair trading practices" mean practices that grossly deviate from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on its counterparty, and that are widely recognized as such in at least ten Member States.
2018/07/20
Committee: IMCO
Amendment 142 #

2018/0082(COD)

Proposal for a directive
Recital 13 a (new)
(13 a) In order to ensure an effective enforcement of the prohibition of unfair trading practices, the designated enforcement authorities should dispose of all necessary resources, staff and expertise.
2018/07/20
Committee: AGRI
Amendment 145 #

2018/0082(COD)

Proposal for a directive
Article 3 – title
Prohibition of widespread unfair trading practices
2018/07/20
Committee: IMCO
Amendment 148 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following trading practices arconstitute prohibited trading arrangements:
2018/07/20
Committee: IMCO
Amendment 163 #

2018/0082(COD)

Proposal for a directive
Recital 15 a (new)
(15 a) The exercise of the powers conferred by this Directive on enforcement authorities should be subject to appropriate safeguards which meet the standards of general principles of Union law and the Charter of Fundamental Rights of the European Union, in accordance with the case law of the Court of Justice of the European Union;
2018/07/20
Committee: AGRI
Amendment 200 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices arconstitute prohibited trading arrangements, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement:
2018/07/20
Committee: IMCO
Amendment 225 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 4
4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions of trading arrangements which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties.
2018/07/20
Committee: IMCO
Amendment 226 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 4 a (new)
4a. A supplier may require that their trading arrangement is subject to a written contract including all relevant aspects of the trading arrangement.
2018/07/20
Committee: IMCO
Amendment 227 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 4 b (new)
4b. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
2018/07/20
Committee: IMCO
Amendment 245 #

2018/0082(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint and to be properly involved in the procedures.
2018/07/20
Committee: IMCO
Amendment 259 #

2018/0082(COD)

Proposal for a directive
Article 5 – paragraph 4 a (new)
4a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
2018/07/20
Committee: IMCO
Amendment 267 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c
(c) to take a decision, within the framework of the applicable national law, establishing an infringement of the prohibitions laid down in Article 3 and require the buyer to terminate the prohibited trading practice. The authority may abstain from taking any such decision, if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests, provided that the complainant has identified that information in accordance with Article 5(3);
2018/07/20
Committee: IMCO
Amendment 271 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement;
2018/07/20
Committee: IMCO
Amendment 277 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
2018/07/20
Committee: IMCO
Amendment 278 #

2018/0082(COD)

Proposal for a directive
Article 6 a (new)
Article 6a Exercise of powers of enforcement authorities 1. Enforcement authorities shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council1a, and national law. 2. Investigation and enforcement measures adopted when applying this Regulation shall adequately reflect the nature and degree of the unfair trading practice and the overall actual and potential harm caused by it. 3. Fines that are decided by enforcement authorities shall be effective, proportionate and dissuasive. 4. When a decision as to whether to impose a fine and on the amount of such penalty to be imposed in each individual case is being made, due regard shall be given to the following: (a) the nature, gravity and duration of the unfair trading practice, taking into account the number of suppliers affected and the level of damage suffered by them; (b) the intentional and negligent character of the unfair trading practice; (c) any action taken by the buyer to mitigate the damage suffered; (d) any relevant previous unfair trading practice committed by the buyer; (e) the degree to which the buyer has cooperated with enforcement authorities in order to remedy the unfair trading practice and mitigate its potential adverse effects. __________________ 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).
2018/07/20
Committee: IMCO
Amendment 285 #

2018/0082(COD)

Proposal for a directive
Article 7 – paragraph 3 a (new)
3a. Member States may, in accordance with Article 8, provide for rules that go beyond the provisions of this Article.
2018/07/20
Committee: IMCO
Amendment 289 #

2018/0082(COD)

Proposal for a directive
Article 8 – paragraph 1 a (new)
Proceedings in relation to points (c), (d) and (e) of Article 6 shall respect the administrative and legal proceedings and principles in the specific Member State considering the assessment. The enforcement authority shall abstain from actions arising from a request of confidentiality by the supplier in accordance with Article 5(3).
2018/07/20
Committee: IMCO
Amendment 308 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following trading practices arconstitute prohibited trading arrangements:
2018/07/20
Committee: AGRI
Amendment 468 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices arconstitue prohibited trading arrangements, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement:
2018/07/20
Committee: AGRI
Amendment 512 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 4
4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions of trading arrangements which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties.
2018/07/20
Committee: AGRI
Amendment 523 #

2018/0082(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
A supplier may require that their trading arrangement shall be subject to a written contract including all relevant aspects of the trading arrangement.
2018/07/20
Committee: AGRI
Amendment 568 #

2018/0082(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint and to be properly involved in the procedures.
2018/07/20
Committee: AGRI
Amendment 601 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c
(c) to take a decision, within the framework of applicable national law, establishing an infringement of the prohibitions laid down in Article 3 and require the buyer to terminate the prohibited trading practice. The authority may abstain from taking any such decision, if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests, provided that the complainant has identified that information in accordance with Article 5(3);
2018/07/20
Committee: AGRI
Amendment 606 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine or other sanctions on the author of the infringement. The fine in accordance with the national law. The fine and the other sanctions shall be effective, proportionate to the harm caused and dissuasive taking into account the nature, duration and gravity and possible repetition of the infringement;
2018/07/20
Committee: AGRI
Amendment 622 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point f a (new)
(fa) Member states shall ensure that the exercise of those powers is subject to appropriate safeguards in respect of rights of defence, in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including where the complainant requests confidential treatment of information pursuant to Article 5(3).
2018/07/20
Committee: AGRI
Amendment 625 #

2018/0082(COD)

Proposal for a directive
Article 6 – paragraph 1 – point f b (new)
(fb) The Member States may decide that the fines or other sanction are initiated by the enforcement authority and imposed by competent national courts, while ensuring that those fines are effective and have an equivalent effect to administrative fines imposed by enforcement authorities. In any event, other sanctions imposed shall be effective, proportionate and dissuasive taking into account the nature, duration, gravity and possible repetition of the infringement.
2018/07/20
Committee: AGRI
Amendment 648 #

2018/0082(COD)

Proposal for a directive
Article 8 – paragraph 1
To ensure a higher level of protection, Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 3, 5, 6 and 7, which are stricter than those set out in this Directive, provided that such national rules are compatible with the rules on the functioning of the internal market.
2018/07/20
Committee: AGRI
Amendment 655 #

2018/0082(COD)

Proposal for a directive
Article 8 – paragraph 1 a (new)
Proceedings in relation to Article 6 (c-e) shall respect the administrative and legal proceedings and principles in the specific Member State.
2018/07/20
Committee: AGRI
Amendment 81 #

2018/0064(COD)

Proposal for a regulation
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
2018/07/19
Committee: EMPL
Amendment 164 #

2018/0064(COD)

Proposal for a regulation
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.deleted
2018/07/19
Committee: EMPL
Amendment 183 #

2018/0064(COD)

Proposal for a regulation
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C-178/97 EU:C:2000:169, paragraphs 44- 45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44- 45.deleted
2018/07/19
Committee: EMPL
Amendment 301 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;deleted
2018/07/19
Committee: EMPL
Amendment 315 #

2018/0064(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.deleted
2018/07/19
Committee: EMPL
Amendment 363 #

2018/0064(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;deleted
2018/07/19
Committee: EMPL
Amendment 485 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/07/19
Committee: EMPL
Amendment 500 #

2018/0064(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.deleted
2018/07/19
Committee: EMPL
Amendment 578 #

2018/0064(COD)

Proposal for a regulation
Article 10
Arrangements for concerted and joint 1. inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement. 2. and their follow-up shall be carried out in accordance with the national law of the Member States concerned. 3. logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections. 4. participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. 5. concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection. 6. joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. 7. the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.ticle 10 deleted inspections An agreement for setting up a joint Concerted and joint inspections The Authority shall provide Staff of the Authority may National authorities carrying out a Information on concerted and In the event that the Authority, in
2018/07/19
Committee: EMPL
Amendment 583 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.deleted
2018/07/19
Committee: EMPL
Amendment 594 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerndeleted.
2018/07/19
Committee: EMPL
Amendment 606 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. The Authority shall provide logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.deleted
2018/07/19
Committee: EMPL
Amendment 614 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.deleted
2018/07/19
Committee: EMPL
Amendment 627 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.deleted
2018/07/19
Committee: EMPL
Amendment 635 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.deleted
2018/07/19
Committee: EMPL
Amendment 642 #

2018/0064(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.deleted
2018/07/19
Committee: EMPL
Amendment 703 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role.deleted
2018/07/19
Committee: EMPL
Amendment 713 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.deleted
2018/07/19
Committee: EMPL
Amendment 727 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure.deleted
2018/07/19
Committee: EMPL
Amendment 734 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority.deleted
2018/07/19
Committee: EMPL
Amendment 741 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up.deleted
2018/07/19
Committee: EMPL
Amendment 750 #

2018/0064(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.deleted
2018/07/19
Committee: EMPL
Amendment 6 #

2017/2594(RSP)


Recital A
A. whereas, according to the OECD, 1.6 billion people live in 56 countries identified as fragile4 ; whereas situations of fragility increase the vulnerability of populations due to various factors including conflict and insecurity, forced displacement, extreme poverty, food insecurity, economic shocks, poor governance and weak institutions, and natural disasters exacerbated by the impact of climate change; whereas fostering resilience is particularly important in situations of fragility which the OECD defines along five different and interlinked dimensions – economic, environmental, political, security and societal; _________________ 4 OECD (2016), States of Fragility 2016: Understanding violence, OECD publishing, Paris
2017/03/29
Committee: DEVE
Amendment 30 #

2017/2594(RSP)


Paragraph 1 a (new)
1 a. Reaffirms the need for EU member states to respect their Official Development Assistance commitments and strengthen resilience through their strategy and planning processes as regards to development and humanitarian aid; underlines in that matter the importance of the OECD's resilience systems analysis framework that helps to translate strategies into more effective cross-sectoral and multidimensional programme plans;
2017/03/29
Committee: DEVE
Amendment 39 #

2017/2594(RSP)


Paragraph 5
5. Highlights that building resilience in partner countries is a long-term process and that this therefore needs to be integrated into development programmes and financial commitments; stresses that the new Joint Communication should recognise this and support the promotion of resilience as essential element of the sustainable development strategies of partner countries, particularly in fragile states; notes that these strategies need to be context-specific and in line with the principles of effective development including country ownership and shared accountability to European citizens and those from partner countries; underlines in this regard the important monitoring and scrutiny role of the European Parliament and of national parliaments and of the civil society;
2017/03/29
Committee: DEVE
Amendment 45 #

2017/2594(RSP)


Paragraph 5 a (new)
5 a. Urges the Commission to integrate resilience and its multidimensional character as a core element into its policy dialogue with developing countries;
2017/03/29
Committee: DEVE
Amendment 46 #

2017/2594(RSP)


Paragraph 5 b (new)
5 b. Recalls that poor people are the ones most likely to continue to feel the significant consequences of disasters in terms of income and welfare; insists on that matter that the primary and overarching objective of EU development cooperation is the eradication of poverty in the context of sustainable development in order to ensure dignity and a decent life for all;
2017/03/29
Committee: DEVE
Amendment 64 #

2017/2594(RSP)


Paragraph 9 a (new)
9 a. Notes, however, that fragile states are characterized by low resilience, partly because of political identity fragmentation and weak national institutions; underlines in that matter that a community´s capacity to withstand exogenous shocks is highly dependent of its social cohesion and its set of shared institutions; calls therefore on the EU to promote, through its development aid, greater social cohesion and inclusiveness at both national and local level and help to foster state institutions that encourage these;
2017/03/29
Committee: DEVE
Amendment 74 #

2017/2594(RSP)


Paragraph 12 a (new)
12 a. Underlines the need to strengthen and develop education in the context of disasters and crises and to improve the dissemination, compilation and communication of information and knowledge that will help build community resilience and promote behavioural changes and a culture of disaster preparedness;
2017/03/29
Committee: DEVE
Amendment 76 #

2017/2594(RSP)


Paragraph 12 b (new)
12 b. Encourages increased collaboration between the public sector and the private sector on resilience, recalls in that matter the importance of the Commission Communication on "A Stronger Role of the Private Sector in Achieving Inclusive and Sustainable Growth in Developing Countries"; calls on the Commission to further facilitate the involvement of the private sector by creating incentives and the right environment for private entities to get involved on building resilience and reducing risk in partner countries;
2017/03/29
Committee: DEVE
Amendment 78 #

2017/2594(RSP)


Paragraph 12 c (new)
12 c. Stresses that our European societies could learn from developing countries' experience in withstanding and recovering from internal and external crises, particularly in the context of the recent terrorist attacks in Europe;
2017/03/29
Committee: DEVE
Amendment 4 #

2017/2279(INI)

Draft opinion
Recital A
A. whereas unemployment and youth unemployment in the Union have been falling gradually since 2013, but are still slightly above 2008 levels, at 7.3% and 16.1% respectively1a, and with considerable differences amongbetween and within the Member States; _________________ 1a http://ec.europa.eu/eurostat/documents/29 95521/8631691/3-31012018-BP- EN.pdf/bdc1dbf2-6511-4dc5-ac90- dbadee96f5fb
2018/03/01
Committee: EMPL
Amendment 7 #

2017/2279(INI)

Draft opinion
Recital A a (new)
A a. whereas in the current financial period, cohesion policy is expected to help support 1.1 million SMEs, 7.4 million unemployed people find a job, 8.9 million people gain new qualifications, invest €16 billion in the digital economy and make substantial investments in social infrastructure;
2018/03/01
Committee: EMPL
Amendment 10 #

2017/2279(INI)

Draft opinion
Recital B
B. whereas the employment rate in the EU has been growing for four consecutive years and now surpasses the 2008 figure at 71%, but still remains below the pre-crisis level in halfsome2a of the Member States; whereas regional disparities have started to narrow;while there remain marked differences in the average employment rate between more and less developed regions, regional disparities have started to narrow; _________________ 2a http://ec.europa.eu/eurostat/statistics- explained/index.php/File:Employment_ra te,_age_group_20_%E2%80%93_64,_201 6_%28%25%29_YB17.png
2018/03/01
Committee: EMPL
Amendment 23 #

2017/2279(INI)

Draft opinion
Recital C
C. whereas while the risk of poverty or social exclusion in the EU has fallen back to its pre-crisis level, it remains verytoo high and far from reaching the Europe 2020 poverty and social exclusion target;
2018/03/01
Committee: EMPL
Amendment 50 #

2017/2279(INI)

Draft opinion
Paragraph 2
2. Regrets the sluggish implementation of the 2014-2020 programmes with just 39% of the total funding allocated as at July 20173a; considers that faster implementation, a smoother transition between programming periods, clear targets, benchmarks and result indicators, genuine simplification and capacity development are necessary; _________________ 3a http://ec.europa.eu/regional_policy/source s/docoffic/official/reports/cohesion7/7cr.p df, p. 175
2018/03/01
Committee: EMPL
Amendment 51 #

2017/2279(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Notes, in this regard, the suggestion of the Commission’s reflection paper on the future of EU finances4a that coherence could be improved via a single rule book for cohesion policy and other funding instruments with programmes or projects of the same type which would ensure stronger complementarity between cohesion policy and innovation and infrastructure spending and simplification for beneficiaries; further notes, the paper’s suggestion that new criteria for the allocation of funds could be considered such as unemployment and social inclusion to better integrate cohesion policy with current areas identified for EU action; believes that more efficient and flexible implementation of the funds will be crucial in the new MFF period; _________________ 4a https://ec.europa.eu/commission/sites/beta -political/files/reflection-paper-eu- finances_en.pdf, p. 24
2018/03/01
Committee: EMPL
Amendment 60 #

2017/2279(INI)

Draft opinion
Paragraph 3
3. Takes the view that the job creation potential of Union funds is still insufficiently leveraged and should therefore be further strengthened through more efficient and results-based policy- making and implementation; considers, moreover, that access to funding should be eased for all beneficiaries, especially SMEs;
2018/03/01
Committee: EMPL
Amendment 69 #

2017/2279(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission and the 4. Member States to continue initiatives aimed at increasing access to better education, skills, and quality, sustainable employment, especially for young people including tertiary education, VET and work-based learning and acquiring and updating skills particularly digital skills, as a driver for economic growth and quality, sustainable employment, especially for young people, low-qualified and older workers; notes the importance of the New Skills Agenda and particularly its Upskilling Pathways initiative in this regard; points out that training programmes financed under the ESF should be tailored to the needs of the labour market;
2018/03/01
Committee: EMPL
Amendment 8 #

2017/2278(INI)

Motion for a resolution
Recital C
C. whereas the correct implementation of public procurement may be a usefurules is a crucial tool in the service of a stronger single market and for the growth of EU companies and jobs in the Union;
2018/04/06
Committee: IMCO
Amendment 10 #

2017/2278(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the full potential of public procurement is yet to be unlocked, notably by ensuring that the €2 trillion spent yearly in public services and products boost the EU economy, spur innovation and help building a highly competitive social market economy;
2018/04/06
Committee: IMCO
Amendment 24 #

2017/2278(INI)

Motion for a resolution
Paragraph 2
2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays; deplores the fact that four Member States have still not completed transposition, and regrets the fact that the Commission had to initiate the infringement procedure for a small number ofs against some Member States;
2018/04/06
Committee: IMCO
Amendment 29 #

2017/2278(INI)

Motion for a resolution
Paragraph 3
3. Is concerned about the next round of deadlines provided by the directives regarding electronic procurement and the transition of Member States to full e- procurement, including e-invoicing, underlines that given the size of the total procurement market in the EU, each 5% saved could return around €100 billion to the public purse if full e-procurement was implemented;
2018/04/06
Committee: IMCO
Amendment 33 #

2017/2278(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Commission to publish guidelines on how Member States can use public procurement as a tool to tackle antimicrobial resistance, including guidance for procurement of livestock products based on good husbandry practices, environmentally friendly production of antibiotics and services for the healthcare sector;
2018/04/06
Committee: IMCO
Amendment 34 #

2017/2278(INI)

Motion for a resolution
Paragraph 5
5. AsksRecalls that the most efficient use of public funds needs to be ensured and public buyers need to be in a position to procure according to the highest standards of professionalism, asks therefore the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more user-friendly way that offers a good overview to practitioners, while also paying attention to the languages available; asks as well the Member States to improve the training and career management of procurement practitioners, including those working in SMEs, and to support the development and uptake of accessible IT tools which can simplify and improve the functioning of procurement systems;
2018/04/06
Committee: IMCO
Amendment 39 #

2017/2278(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Call on the Member States’ universities to consider developing further university courses in European public procurement law;
2018/04/06
Committee: IMCO
Amendment 59 #

2017/2278(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the fact that many Member States have made provisions for accepting the most economically advantageous tender (MEAT) and encourages its systematic applicationthe new Directives require contracting authorities to award public contracts on the most economically advantageous tender (MEAT); underlines that it also clarifies that the assessment of the MEAT could also be carried out on the basis of either price or cost effectiveness only; encourages contracting authorities to apply other criteria than the price of or cost effectiveness only, including qualitative, environmental and/or social aspects;
2018/04/06
Committee: IMCO
Amendment 71 #

2017/2278(INI)

Motion for a resolution
Paragraph 11
11. While acknowledging that in some cases the low price can reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and therefore calls on the Commission and the Member States to analyse the reason behind this situation;
2018/04/06
Committee: IMCO
Amendment 80 #

2017/2278(INI)

Motion for a resolution
Paragraph 12
12. Stresses that it is important for contracting authorities to consider the full life-cycle of products in their purchasing decisions, when appropriate, and calls on the Commission to assist in the development of methodologies to implement the concept of ‘life-cycle costing’;
2018/04/06
Committee: IMCO
Amendment 82 #

2017/2278(INI)

Motion for a resolution
Paragraph 13
13. Notes that innovative, socio- economic and environmental considerations are legitimate award criteria in public procurement, but that contracting authorities can also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers and recalls that such considerations must be applied in conformity with the basic principles of Union law, in particular with a view to ensuring equal treatment, in a way that does not discriminate directly or indirectly against economic operators and workers from other Member States;
2018/04/06
Committee: IMCO
Amendment 95 #

2017/2278(INI)

Motion for a resolution
Paragraph 14
14. Acknowledges that a qualitative assessment of bids requires skilled procurers, and calls on the Commission to assist Member States with the dissemination of evaluation methodologies and practices, particularly through the organisation of workshops and training courses;
2018/04/06
Committee: IMCO
Amendment 97 #

2017/2278(INI)

Motion for a resolution
Paragraph 16
16. Calls for more Member States to use the advantages of central purchasing and aggregation of public purchasing, and notes that Central Purchasing Bodies can speed up dissemination of expertise, of best practices and of innovation, while at the same time being concerned by the fact that activities of Central Purchasing bodies may create a risk of market concentration and the development of monopolistic structures, as well as lead to the decreased participation of SMEs in public procurement markets;
2018/04/06
Committee: IMCO
Amendment 100 #

2017/2278(INI)

Motion for a resolution
Paragraph 18
18. Considers that the new partnership procedure will contribute to fostering innovation, welcomes in that regard that 17 innovation partnership procedures have been initiated to this date, and encourages contracting authorities to cooperate further with the market in order to develop innovative products, works or services which do not yet exist;
2018/04/06
Committee: IMCO
Amendment 103 #

2017/2278(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the latter to focus on the operation of the helpdesk as a priorityCommission to swiftly implement the helpdesk, the notification mechanism as well as the information exchange mechanism, while fully respecting confidentiality;
2018/04/06
Committee: IMCO
Amendment 109 #

2017/2278(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Recalls that e-procurement offers a range of important benefits such as significant savings for all parties, simplified and shortened processes, reductions in red-tape and administrative burdens, increased transparency, greater innovation as well as improved access of SMEs to public procurement markets;
2018/04/06
Committee: IMCO
Amendment 122 #

2017/2278(INI)

Motion for a resolution
Paragraph 27
27. Regrets that SMEs are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
2018/04/06
Committee: IMCO
Amendment 123 #

2017/2278(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Asks the Commission to report to Parliament on the implementation on the ground of the “apply or explain” principle in article 46 of Directive 2014/24/EU which requires contracting authorities to provide an indication of the main reasons for their decision not to subdivide into lots and on the systematic explanation in the procurement documents or the individual report;
2018/04/06
Committee: IMCO
Amendment 125 #

2017/2278(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division into lots and highlights that division of public procurement contracts into lots fosters competition in the market as well as avoids the risk of single-supplier dependency;
2018/04/06
Committee: IMCO
Amendment 131 #

2017/2278(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement, such as those resulting from language barriers, and to propose solutions;
2018/04/06
Committee: IMCO
Amendment 55 #

2017/2277(INI)

Motion for a resolution
Recital D
D. whereas good occupational safety and health practices are crucial for a productive and motivated workforce, which helps companies remain competitive and innovative and helps to maintain valuable skills and work experience, reduce staff turnover and prevent exclusion; whereas SMEs have particular needs in this regard, demanding support measures in order to attain their OSH objectives; whereas, on the other hand, good OSH practices are crucial for SMEs to stay in the market and keep ensuring employment;
2018/03/01
Committee: EMPL
Amendment 64 #

2017/2277(INI)

Motion for a resolution
Recital E
E. whereas the improved health and reintegration of workers increases the overall wellbeing of society, has economic benefits to Member States, employees and employers and helps to retain; whereas to retain and to reintegrate older workers is key to secure skills that would otherwise be lost;
2018/03/01
Committee: EMPL
Amendment 67 #

2017/2277(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas older workers, despite being more subjected to chronic illness, also are proved to have a lower degree of exposure to physical risks and greater working time autonomy;
2018/03/01
Committee: EMPL
Amendment 137 #

2017/2277(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses in this regard the importance of developing and updating workers’ skills, matching the company and market needs, with special emphasis on digital skills, by providing workers with relevant training and access to lifelong learning;
2018/03/01
Committee: EMPL
Amendment 179 #

2017/2277(INI)

Motion for a resolution
Paragraph 13
13. Believes that financial incentives, including financial incentives for SMEs, should be in place to keep people with reduced working capacity in employment;, in particular workers with reduced working capacity, if medical conditions allow, them to work; strongly encourages the integration of workers through re- training and upskilling into the open labour market; underlines that support should be available in particular to SMEs in order to allow the delivery of efficient training;
2018/03/01
Committee: EMPL
Amendment 193 #

2017/2277(INI)

Motion for a resolution
Paragraph 15
15. Recognises in this regard that flexible working arrangements, such as telework, flexitime and reduced working hours, play an important role in returning to work; stresses the importance of encouraging early return to work (if medical conditions allow) through flexible working arrangements and reduced working time arrangements, which could be accompanied by partial sickness benefit; stresses that these arrangements, that include geographical, temporal and functional flexibility, must be positive both for workers and employers, helping on the management of the work organization and taking into account the variations in production cycles;
2018/03/01
Committee: EMPL
Amendment 238 #

2017/2277(INI)

Motion for a resolution
Paragraph 20
20. Takes the view that EU-wide campaigns play an important role in shifting popular opinion, increasing awareness of the demographic challenges facing the European labour markets as well as fighting existing myths and stereotypes that still exist about older workers; considers regrettable that older persons are still often exposed to age discrimination, stereotypes and barriers;
2018/03/01
Committee: EMPL
Amendment 240 #

2017/2277(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses that national policy frameworks have a decisive impact on the policies and practices that enterprises develop to support active aging and to secure comprehensive age diversity on the work force;
2018/03/01
Committee: EMPL
Amendment 1 #

2017/2273(INI)

Draft opinion
Paragraph 1
1. Stresses that effective implementation of EU law is essential in order to enhance citizens’ trust in EU policies; recalls that Article 197 of the TFEU states, in this respect, that ‘effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest’; maintains that the citizens of the Union will feel confident about Union law when it is implemented in the Member States in an effective manner;
2018/03/07
Committee: AFCO
Amendment 7 #

2017/2273(INI)

Draft opinion
Paragraph 2
2. Welcomes this first report on the monitoring of the application of EU law following the entry into force of the Better Regulation Agenda in 2015; recalls that the principles of better law-making encompass the requirement to demonstrate the need to legislate at EU level, in a way that is strictly proportionate to the aims of the legislative action, and to ensure that the legislation is correctly implemented at the right level; recalls that any expansion of EU law that is not built on such principles is detrimental to the proper application thereof; stresses, therstresses, therefore, the importance of upholding the principles of conferral, subsidiarity and proportionality pursuant to Article 5 TEU, as well as equality before, the importance of upholding the principles of subsidiarity and proportionalitylaw in view of better monitoring of the application of EU law;
2018/03/07
Committee: AFCO
Amendment 10 #

2017/2273(INI)

Draft opinion
Paragraph 3
3. Deplores the high number of negative trends revealed in the current report, notably the substantial increase in the opening of infringement cases, representing a 67.5 % increase over the past year and a five-year peak, together with a recorded increase in complaints and a decrease in rates of resolution; notes the Commission’s aim, in line with its communication entitled ‘EU law: Better results through better application’1 , to make use of the EU Pilot only where it provides effective added value in the infringement resolution process; welcomes the fact that the report acknowledges the role of Parliament in calling the Commission’s attention to shortcomings in the application of EU law in Member States by means of parliamentary questions and petitions; _________________ 1points out that closer scrutiny of national parliaments of their respective government when the latter are involved in the law-making process will foster a more effective application of EU law as foreseen in the Treaties; _________________ 1 C(2016)8600, OJ C 18, 19.1.2017, p. 10. C(2016)8600, OJ C 18, 19.1.2017, p. 10.
2018/03/07
Committee: AFCO
Amendment 17 #

2017/2273(INI)

Draft opinion
Paragraph 4
4. Stresses the crucial importance of transparency in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; reminds that national parliaments have an essential role to play in both pre-legislative scrutiny of draft EU legal acts and post-legislative scrutiny of correct implementation of the EU law by the Member States; calls on them to pursue that role proactively; _________________ 2 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.
2018/03/07
Committee: AFCO
Amendment 26 #

2017/2273(INI)

Draft opinion
Paragraph 6
6. Calls for all EU institutions engaged in the legislative process to commit to enhancing the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law- Making Agenda; recalls that the 1998 Inter-institutional Agreement on common guidelines for the quality of drafting of Community legislation needs to be substantially adapted in order to deliver on that objective; reiterates the provision in the IIA on Better Law-Making that calls on Member States when transposing EU directives into national law where they choose to add elements that are in no way related to that Union legislation to make these additions identifiable either through the transposing act or through associated documents;
2018/03/07
Committee: AFCO
Amendment 31 #

2017/2273(INI)

Draft opinion
Paragraph 7
7. Recalls the need for Parliament to also be able to monitor the Commission’s enforcement of regulations in the same way that it does with directives; reiterates its request to the Commission to ensure that the data on the implementation of regulations is clearly provided in its future annual reports on the monitoring of the application of EU law; calls on thereminds Member States of the obligation to submit national legislation transposing or implementing regulations to the Commission with a view to ensuring its formal and substantive compliancein accordance with the principle of good cooperation.
2018/03/07
Committee: AFCO
Amendment 32 #

2017/2260(INI)

Motion for a resolution
Recital A
A. whereas the employment rate in the EU is increasing and has reached 235.4 million people in jobs in the second quarter of 2017, which constitutes an employment rate of 72.3 %, meaning that the EU is on track to reach the 75 % employment rate target specified in the Europe 2020 strategy; whereas very substantial differences persists in many Member States and employment rates have still some way to go to recover from the crisis and notably also to attain the Europe 2020 national targets;
2018/01/22
Committee: EMPL
Amendment 39 #

2017/2260(INI)

Motion for a resolution
Recital B
B. whereas the EU unemployment rate is at its lowest level in nine years and stands at 7.5 %18.9 million people are still without a job despite that the EU unemployment rate and the euro area unemployment is at its lowest level in nine years and eight years and stands at 7.5 % and 8.9% respectively;
2018/01/22
Committee: EMPL
Amendment 101 #

2017/2260(INI)

Motion for a resolution
Paragraph 2
2. Stresses the need for structural reforms aimed at improving labour market and social policies, in order to help the workforce to acquire the skills they need and to promote equal opportunities in the labour market, fair working conditions, increasing labour productivity to support wage growth, and sustainable and adequate social protection systems; emphasises the need of reinforcing a favourable environment for business with a view to creating more employment while balancing the social and economic dimensions; calls on the Member States to gradually shifting taxes from labour to other sources;
2018/01/22
Committee: EMPL
Amendment 132 #

2017/2260(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Notes that the percentage of people at risk of poverty and social exclusion remains high; points out that high levels of inequality reduce the output of the economy and the potential for sustainable growth;
2018/01/22
Committee: EMPL
Amendment 143 #

2017/2260(INI)

Motion for a resolution
Paragraph 5
5. Reiterates its concern at the level of youth unemployment, which remains high, with the number of NEETs having stagnated; welcomes, in this respect, an increase in funding for the Youth Employment Initiative by EUR 2.4 billion for the period 2017-2020; highlights that Member States should ensure that the Youth Guarantee is fully open to all groups, including vulnerable persons;
2018/01/22
Committee: EMPL
Amendment 146 #

2017/2260(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses the need to implement effective labour market policies in order to reduce long-term unemployment; Member States should further help those out of work by providing affordable, accessible and quality services support for job search, training and requalification, while protecting those unable to participate;
2018/01/22
Committee: EMPL
Amendment 171 #

2017/2260(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training, training, labour productivity growth and active labour market policies in order to guarantee that the skills acquired will match labour market demand and empower people and integrate them in the labour market; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; Believes that Member States should work towards more effective and tailor-made public and private employment services;
2018/01/22
Committee: EMPL
Amendment 173 #

2017/2260(INI)

6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training in order to guarantee that the skills acquired will match labour market demand; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; takes the view that mutual recognition of qualifications will be beneficial for overcoming the gap between skills shortages on the European labour market and jobseekers, especially young people;
2018/01/22
Committee: EMPL
Amendment 178 #

2017/2260(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that Member States and the Commission should maximize efforts to ensure equal opportunity and access to education and training to ensure social inclusion and better economic outcomes; Calls on the Commission and Member States to upgrade vocational training and strengthen work-based learning, including quality apprenticeships; Recalls that recognition of skills acquired outside formal education and training and support for adults should also be made easier;
2018/01/22
Committee: EMPL
Amendment 179 #

2017/2260(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that the integration of long-term unemployed individuals through individually tailored measures is a key factor for fighting poverty and social exclusion and contributing to the sustainability of national social security systems; highlights, in this context, the importance of skills and competences acquired in non-formal and informal learning environments;
2018/01/22
Committee: EMPL
Amendment 184 #

2017/2260(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Member States and the Commission to take all the necessary measures to improve the services and legislation that are important for a proper work-life balance and for gender equality; calls for the development of accessible, quality and affordable childcare and early education services, and for the creation of favourable conditions for parents and carers by allowing for advantageous family leave take-up and flexible working arrangements which tap into the potential of new technologies; underlines, in this respect, the potential of public-private partnerships;
2018/01/22
Committee: EMPL
Amendment 222 #

2017/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission and the Member States to pursue the policy of active ageing, the social inclusion of elderly people and solidarity between generations; Recalls that more cost- effective health systems and long-term care that ensure timely access to affordable preventive and curative healthcare of good quality are also fundamental for productivity;
2018/01/22
Committee: EMPL
Amendment 234 #

2017/2260(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission and the Member States to step up efforts for further inclusion of people with disabilities into the labour market by removing legislative barriers and creating incentives for their employment; Recalls that an adapted work environment for people with disabilities as well as targeted financial support to help them participate fully in the labour market and in the society as a whole are essential;
2018/01/22
Committee: EMPL
Amendment 237 #

2017/2260(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Encourages the Member States to implement the necessary measures for the social inclusion of refugees as well as people of ethnic minority or immigrant origin;
2018/01/22
Committee: EMPL
Amendment 248 #

2017/2260(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Highlights that in the period 2014 to 2016, real wage growth lagged behind productivity growth despite improvements in the labour market; Recalls that growth in real wages, as a result of increased productivity, is crucial to tackle inequalities;
2018/01/22
Committee: EMPL
Amendment 253 #

2017/2260(INI)

Motion for a resolution
Paragraph 16
16. Underlines the role of the social partners and civil society as essential stakeholders in the reform process and the added value of their involvement in the drafting, sequencing and implementation of reforms; supports the opinion that new forms of employment in the globalised market call for new forms of social dialogue; affirms that the Member States need to help people build the skills required in the labour market;
2018/01/22
Committee: EMPL
Amendment 2 #

2017/2259(INI)

Draft opinion
Recital A
A. whereas, according to Eurostat, youth unemployment in the EU28 is steadily decreasing and stood at 18.76.1% in 2016, even exceeding 40% in some countries; December 20171a although this rate remains double the overall unemployment rate and there are considerable differences between Member States; whereas this rate is still unacceptably high and must be reduced in order to realise young people’s full potential; __________________ 1a http://ec.europa.eu/eurostat/documents/29 95521/8631691/3-31012018-BP- EN.pdf/bdc1dbf2-6511-4dc5-ac90- dbadee96f5fb
2018/02/27
Committee: EMPL
Amendment 22 #

2017/2259(INI)

Draft opinion
Recital B
B. whereas the overall lack of investment in young people’s rights will contribute to the aggravation of phenomena such as declining populations, the lack of professional qualifications or the disma is crucial for a fair and open democratic society, social mobility and inclusion and sustainable growth and employmentl ing of social security systems Europe;
2018/02/27
Committee: EMPL
Amendment 27 #

2017/2259(INI)

Draft opinion
Recital B a (new)
Ba. whereas the EU Youth Strategy set out a framework for cooperation in the field of youth policy for the 2010-2018 period with the objectives of creating more and equal opportunities for all young people in education and in the labour market and promoting young people´s inclusion and active participation in society;
2018/02/27
Committee: EMPL
Amendment 37 #

2017/2259(INI)

Draft opinion
Paragraph 1
1. Stresses that an inclusive youth policy is inseparable from the defence and promotion of decent work, grounded in collective labour agreements, with non- precarious labour relations, adequate salaries and wages, high-quality, free, universal public services, and programmes facilitating political and cultural participation, parenthood, well- being and creativity;deleted
2018/02/27
Committee: EMPL
Amendment 50 #

2017/2259(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes the findings of the interim evaluation of the EU Youth Strategy carried out by the Commission2a which outlines that the strategy has been successful in triggering concrete changes at the national and organisational levels and in the adoption of common approaches and principles across the Member States; __________________ 2a https://ec.europa.eu/transparency/regdoc/ rep/10102/2017/EN/SWD-2017-281-F1- EN-MAIN-PART-1.PDF
2018/02/27
Committee: EMPL
Amendment 53 #

2017/2259(INI)

Draft opinion
Paragraph 1 b (new)
1b. Notes the evaluation found the strategy gave a strong impulse to national youth agendas, strengthening or reorienting youth policy priorities in a number of Member States, encouraged cross-sectoral cooperation, mutual learning and structured dialogue with young people and provided EU added- value to Member States via policy inspiration, knowledge and expertise, opportunities and resources;
2018/02/27
Committee: EMPL
Amendment 56 #

2017/2259(INI)

Draft opinion
Paragraph 1 c (new)
1c. Believes that the open method of coordination could be continued beyond the current period for cooperation in youth policy in order to set a joint agenda, exchange best practices and improve knowledge based policy making; however, believes that the current strategy’s fields of action and initiatives should be simplified and streamlined and its mechanisms for monitoring and reporting outcomes improved in order to be more targeted and ambitious;
2018/02/27
Committee: EMPL
Amendment 59 #

2017/2259(INI)

Draft opinion
Paragraph 1 d (new)
1d. Reiterates the importance of the strategy’s cross-sectoral approach as a means of mainstreaming a youth dimension and creating synergies in other relevant policy fields such as employment, education and training and believes integration of the Youth Strategy with other related initiatives at EU level could be improved;
2018/02/27
Committee: EMPL
Amendment 62 #

2017/2259(INI)

Draft opinion
Paragraph 1 e (new)
1e. Highlights the value of structured dialogue with young people and their organisations as a means of establishing structures and processes for their participation and stresses the importance of reaching more and diverse young people, especially those at risk of exclusion;
2018/02/27
Committee: EMPL
Amendment 74 #

2017/2259(INI)

Draft opinion
Paragraph 2
2. Argues that individuals’young people’s transition into the labour market is facilitated by a comprehensive education and training systems that ensures they acquire cross-cutting skills that promote critical thinking, universality and multicultural dialogue, fostering employabilityand competences including basic and non- cognitive skills as well as key competences that are future oriented; notes through early specialisation, but rather by enabling the attainment of a wide variety of qualificationse role that work-based learning, apprenticeships and digital and entrepreneurial skills can play in this regard;
2018/02/27
Committee: EMPL
Amendment 93 #

2017/2259(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to propose an increase in the funding, powers and scopeensure continued adequate funding of programmes promoting the education, training, employability and social inclusion of young people, ensuring that these funds are not used to help create unpaid internships or precarious work or replace permanent jobs with temporary ones or internships.
2018/02/27
Committee: EMPL
Amendment 10 #

2017/2233(ACI)

Motion for a resolution
Recital A a (new)
A a. whereas Article 10(3) TEU gives every citizen the right to participate in the democratic life of the Union;
2018/01/10
Committee: AFCO
Amendment 38 #

2017/2233(ACI)

Motion for a resolution
Paragraph 2
2. Stresses that the Spitzenkandidaten process is a further step in strengthening the EU’s parliamentary dimension, and that, therefore warns that, the European Parliament will reject any candidate in the investiture procedure of the Commission President who was not appointed as a Spitzenkandidat in the run-up to the elections of the European Parliament;
2018/01/10
Committee: AFCO
Amendment 10 #

2017/2224(INI)

Draft opinion
Paragraph 1
1. Points out that the advanced character of the EU economy, as well as digitalisation, automation and robotisation of the EU labour market, has increased demand for high-level qualifications and skills, while demand for low-level qualifications and skills has decreased; , thus resulting in 756.000 unfilled vacancies for ICT professionals in the whole EU economy by 20201a; __________________ 1a ec.europa.eu/social/BlobServlet?docId=15 617&langId=en
2018/03/02
Committee: EMPL
Amendment 14 #

2017/2224(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes that new jobs are mainly created in the industries of renewable energy, green construction and retrofitting, transport, waste and water resource management; underlines skill shortages have already developed in certain “green” sectors and occupations, which are not well served by traditional training institutions; stresses that, in order to enable this economic transformation, the education sector in the EU would need to adapt to new business models and methods and meet the demand for new green skills;
2018/03/02
Committee: EMPL
Amendment 30 #

2017/2224(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights that action, both at EU and national level, is required to improve skills levels and qualifications among migrants to support effective integration into the labour market, as well as labour market reforms so that to better take opportunity of their existing skills and qualifications and help balance supply and demand in labour markets;
2018/03/02
Committee: EMPL
Amendment 59 #

2017/2224(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission and the Member States to continue their efforts to enable the recognition and validation of non-formal and informal learning – gained from free online courses such as MOOCs – which often broaden access to education for underprivileged groups and therefore increase their opportunities for a better job and life; recalls that the Council Recommendation on the validation of non-formal and informal learning of 20 December 20124a asked Member States to have in place, no later than 2018, arrangements for the validation of non- formal and informal learning; __________________ 4ahttp://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=OJ:C:2012:398:0001:0005:EN:PDF
2018/03/02
Committee: EMPL
Amendment 68 #

2017/2224(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States to internationalise education systems and expand student mobility programmes to better prepare students for the EU labour market, in which a lack of skills in foreign languages and cultures is the first barrier to mobility; recalls, however, that Erasmus+ has supported in 2016 725,000 Europeans with mobility grants to study, train, teach, work or volunteer abroad; thus proving that Erasmus+ is well on track to meet its target of supporting 3.7% of young people in the EU between 2014 and 2020;
2018/03/02
Committee: EMPL
Amendment 85 #

2017/2224(INI)

Draft opinion
Paragraph 7
7. In this regard, welcomes the Commission communication on ‘A New Skills Agenda for Europe’ (COM(2016)0381), which proposes solutions for skills mismatch and shortages and for finding the right system of skills recognition; recalls the importance of the 10 actions launched within that framework in order to make the right training, skills and support available to people in the EU, make skills more visible and comparable as well as improve information and understanding of trends and patterns in demands for skills and jobs in order to enable people make better career choices, find quality jobs and improve their life chances;
2018/03/02
Committee: EMPL
Amendment 89 #

2017/2224(INI)

Draft opinion
Paragraph 8
8. In the context of growing demand for high-level competences and skills, regrets that, over time, the massive development of higher education is resulting in the decreasing quality and inflation of diplomas, with a simultaneous growing shortage of vocational skills and qualifications, which results in imbalances in the labour market;
2018/03/02
Committee: EMPL
Amendment 96 #

2017/2224(INI)

Draft opinion
Paragraph 9
9. Highlights that the high number of NEETs could be reduced by preventing early school leaving;, with almost 17 million young people aged 20–34 who are neither in employment nor in education and training5a, could be reduced by preventing early school leaving, as well as by the development of job-integration agreement steps such as mentoring, help with the job search, further education and training, support for housing and transport, childcare and long-term care services, and rehabilitation; __________________ 5ahttp://ec.europa.eu/eurostat/statistics- explained/index.php/Statistics_on_young_ people_neither_in_employment_nor_in_e ducation_or_training
2018/03/02
Committee: EMPL
Amendment 2 #

2017/2191(INI)

Draft opinion
Paragraph 1
1. Recalls that competition policy is closely interlinked with taxation policy; eEncourages the Commission to strengthen its efforts to tackle all types of illegal state aid and taxation rules that distort competition in the internal market;
2017/10/05
Committee: IMCO
Amendment 8 #

2017/2191(INI)

Draft opinion
Paragraph 2
2. Supports the Commission’s investigations into anti-competitive practices such as selective tax advantages or excess profit ruling systems; emphasises that if there is to befiscal state aids incompatible with the competition rules; emphasises that equal treatment of all entities is crucial for a well- functioning internal market all players need to pay their fair share of tax;
2017/10/05
Committee: IMCO
Amendment 29 #

2017/2191(INI)

Draft opinion
Paragraph 6
6. Highlights the importance of access to justice for consumers and of the availability for collective redress in order to ensure fair competition; underlines that the absence of such opportunities on EU level weakens competition at, the expensefunctioning of the internal market and consumer rights;
2017/10/05
Committee: IMCO
Amendment 33 #

2017/2191(INI)

Draft opinion
Paragraph 7
7. Recalls that if anti-competitive practices are to be fought effectively, all aspects of unfair competition must be taken into consideration, including social dumping and fraudulent posting of workers.deleted
2017/10/05
Committee: IMCO
Amendment 41 #

2017/2191(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Takes note of the E-commerce Sector Inquiry and its final report;believes that the inquiry should be part of a greater enforcement effort by the Commission to apply the full competition policy to online retailers;underlines that given the asymmetrical relationship between large online retailers and their suppliers, the Commission and national competition authorities should actively enforce competition rules as suppliers, especially SMEs, do not have the means to challenge such players in the courts;
2017/10/05
Committee: IMCO
Amendment 50 #

2017/2191(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Is concerned by the increased use of contractual restrictions by manufacturers on online sales, as confirmed by the e-commerce inquiry, and calls on the Commission to further review such clauses to ensure that they do not create unjustified restrictions of competition;at the same time, asks the Commission to review the Guidelines on Vertical Restraints and the Block Exemption (Regulation 330/2010) in light of these changes;
2017/10/05
Committee: IMCO
Amendment 57 #

2017/2191(INI)

Draft opinion
Paragraph 7 c (new)
7 c. Believes that retailers should be able to set retail prices freely;believes that price parity and conditional parity clauses may undermine free competition, especially in the digital single market;asks the Commission to further analyse such clauses and if needed, to propose restrictions on their use;
2017/10/05
Committee: IMCO
Amendment 61 #

2017/2191(INI)

Draft opinion
Paragraph 7 d (new)
7 d. Underlines that territorial distribution and selective distribution agreements cannot be used as a justified reason to geoblock consumers, especially in case of passive sales without delivery;
2017/10/05
Committee: IMCO
Amendment 64 #

2017/2191(INI)

Draft opinion
Paragraph 7 e (new)
7 e. Believes that criteria to join a selective distribution or franchising network should be transparent in order to ensure that such criteria do not violate competition policy and the free functioning of the single market;underlines that such criteria must be objective, qualitative, non- discriminatory and not go beyond what is strictly necessary;calls on the Commission to take measures to ensure this transparency;
2017/10/05
Committee: IMCO
Amendment 65 #

2017/2191(INI)

Draft opinion
Paragraph 7 f (new)
7 f. Takes note of the Advocate General Wahl's 26 July 2017 opinion on Coty Germany GmbH v Parfümerie Akzente GmbH that distribution agreement restrictions on online marketplace sales should not be considered as hardcore restrictions under the VBER;nonetheless, asks the Commission, in order to protect competition, to ensure that such restrictions are limited to what is strictly necessary;
2017/10/05
Committee: IMCO
Amendment 66 #

2017/2191(INI)

Draft opinion
Paragraph 7 g (new)
7 g. Notes the increased risk of collusion between competitors due to, among others, price monitoring software;considers that concerted practices may emerge despite contact between competitors being weaker than required under current norms, perhaps even automated, as algorithms interact with each other independent of the direction of one or more market players;asks the Commission to be vigilant to such new challenges to free competition;
2017/10/05
Committee: IMCO
Amendment 67 #

2017/2191(INI)

Draft opinion
Paragraph 7 h (new)
7 h. Considers that effective competition policy can complement or, in some cases, replace regulatory initiatives in the area of the Digital Single Market;considers that where the impetus for regulatory action is primarily in response to market actions by some players, it would be wiser to tackle any harms through competition measures;believes this would tackle the real anticompetitive practices without holding back those who seek to compete;
2017/10/05
Committee: IMCO
Amendment 68 #

2017/2191(INI)

Draft opinion
Paragraph 7 i (new)
7 i. Welcomes the Commission's efforts to link with their international partners and multilateral fora in the area of competition policy;believes that international cooperation is increasingly essential where companies subject to actions operate across multiple jurisdictions;
2017/10/05
Committee: IMCO
Amendment 69 #

2017/2191(INI)

Draft opinion
Paragraph 7 j (new)
7 j. Believes that increasing the network of free trade agreements involving the European Union will benefit the enforcement of competition law globally;encourages the Commission in this regard to seek further trade agreement opportunities and to include strong antitrust and state aid rules in any such future agreements;
2017/10/05
Committee: IMCO
Amendment 4 #

2017/2179(DEC)

Draft opinion
Paragraph 3
3. WelcomesNotes that at the end of 2016 the Agencies employed more staff compared to 2015, in large part because of the Agency’s new tasks; welcomes, in this respect, the cooperation among the Agencies within and beyond the framework of the EU Agencies Performance Development Network, allowing to build synergies and to exchange ideas and best practices, and aiming to achieve more balanced governance, improved efficiency, reduced costs and greater coherence betweenamong them;
2017/12/06
Committee: EMPL
Amendment 5 #

2017/2179(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Encourages a renewed, cost- effective and performance-oriented approach to structure the management and the activity of the agencies, in particular to take into account the possible effects of United Kingdom's withdrawal from the Union and the related transfer of the London-based agencies; suggests taking into account the good practices that the Court has identified in third-country administrations, such as the publication of a Performance Plan for the fiscal year N+2 to quantify the progress towards each agency’s goals;
2017/12/06
Committee: EMPL
Amendment 6 #

2017/2179(DEC)

Draft opinion
Paragraph 3 b (new)
3 b. Recognises the progress made by the agencies in harmonising IT solutions to budget management and accounting systems; endorses the Court's recommendation to pursue a higher degree of IT solutions in key areas such as human resources management and procurement or contract management to reduce internal control risks and strengthen IT governance;
2017/12/06
Committee: EMPL
Amendment 7 #

2017/2179(DEC)

Draft opinion
Paragraph 5
5. Acknowledges the efforts of the agencies to balance their multiannual strategies to reflect the political priorities and goals represented by the Europe 2020 strategy; recognises that the multiannual nature of operations raises difficulties as one of the main source of carry-over of committed budget appropriations; regrets the high incidence of that phenomenon, together with cancellations of budget appropriations carried over; endorses the Court's recommendation of tackling overestimation of budgetary needs and planning weakness with differentiated budget appropriations as provided by the Financial Regulation.
2017/12/06
Committee: EMPL
Amendment 1 #

2017/2156(DEC)

Draft opinion
Paragraph 3
3. Welcomes the high achievement rate of its planned activities in 2016 (94%), but notes that it slightly decreased in comparison to 2015 (96%); notes the considerable improvement in the time delivery rate (90 %) compared to the previous years (83 %);
2017/12/06
Committee: EMPL
Amendment 3 #

2017/2156(DEC)

Draft opinion
Paragraph 5
5. Is concerned by the Court’s observation that the situation regarding the Foundation’s premises is unsatisfactory and puts activities at risk of disruption; notes the urgent need for the host country to find a solution to this matter, as appropriate facilities are guaranteed under the host agreement until 2027;
2017/12/06
Committee: EMPL
Amendment 4 #

2017/2156(DEC)

Draft opinion
Paragraph 7
7. Welcomes the cooperation with other EU agencies - in particularly Eurofound and Cedefop - on the external dimension of EU policies that contribute to development of human capital.
2017/12/06
Committee: EMPL
Amendment 5 #

2017/2156(DEC)

Draft opinion
Paragraph 7 a (new)
7 a. Welcomes the findings of the external evaluation carried out on behalf of the Commission, which found that governance of the Foundation was efficient and effective, and that its considerable reorganisation since 2011 positively impacted its work; notes the recommendation that the Foundation could further improve its monitoring capacity to better illustrate its activities, and welcomes the Foundation’s plan to implement those suggestions;
2017/12/06
Committee: EMPL
Amendment 6 #

2017/2156(DEC)

Draft opinion
Paragraph 7 b (new)
7 b. Welcomes the Foundation’s follow-up measures in relation to the comments of the discharge authority made in 2013 regarding EUR 7,5 million in accounts at a single bank with a low credit rating (F3, BBB) which has now been significantly reduced to EUR 1,8 million;
2017/12/06
Committee: EMPL
Amendment 2 #

2017/2136(DEC)

Draft opinion
Paragraph 1
1. Notes that there has been a sustained improvement in the overall estimated level of error in payments made from the EU budget in the past few years (4,4 % in 2014; 3,8 % in 2015; 3,1 % in 2016); further notes that entitlement payments, a significant part of the audited expenditure accounting for about 49 % of Union spending, showed levels (1,3 %) below the 2 % threshold for material level of error; welcomes that for the first time since 1994, the Court issued a qualified opinion on the regularity of the transactions underlying the 2016 accounts;
2017/12/06
Committee: EMPL
Amendment 5 #

2017/2136(DEC)

Draft opinion
Paragraph 3
3. Notes with concern the high estimated level of error in the policy area of ‘Economic, social and territorial cohesion’ at 4,8 %, which is above the threshold for material error and the error level for the EU budget as a whole (3,1 %); notes, however, that this represents a small decrease from the previous year (5,2 %); notes that the estimate, but is still too high; notes that errors in the area of ‘Economic, social and terror level in the area of ‘Competitiveness for growth and jobs’ is 4,1 %itorial cohesion policy’ are mainly due to the inclusion of ineligible costs in beneficiaries’ declarations, the selection of ineligible projects, activities or beneficiaries and the infringement of public procurement legislation and notes that almost all of the expenditure in this area takes the form of cost reimbursement payments;
2017/12/06
Committee: EMPL
Amendment 8 #

2017/2136(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Notes with concern that the estimated error level in the area of ‘Competitiveness for growth and jobs’ is 4,1 % and that most of the errors were related to the reimbursement of ineligible personnel and direct or indirect costs declared by beneficiaries of research projects; stresses the need to take effective measures to reduce those sources of error;
2017/12/06
Committee: EMPL
Amendment 10 #

2017/2136(DEC)

Draft opinion
Paragraph 4
4. Deplores that, as it was the case in previous years, Member States had sufficient information available to prevent, or to detect and correct, a significant number of errors; notes that if that information had been used to correct errors, the estimated level of error for the overall spending on ‘Economic, social and territorial cohesion’ would have been 1,1 %, i.e. below the 2 % materiality threshold, and for the overall spending on ‘Competitiveness for growth and jobs’ would have been 2,9 %; notes the Courts recommendation not to introduce additional control in EU spending, but to make sure that the existing control mechanisms are enforced properly;
2017/12/06
Committee: EMPL
Amendment 11 #

2017/2136(DEC)

Draft opinion
Paragraph 4 a (new)
4a. Is concerned that in the course of the Court’s review of 168 completed projects under the ‘Economic, social and territorial cohesion’ spending area, only one-third had a performance measurement system with output and result indicators linked to the objectives of the operational programme and that 42 % had no result indicators or targets, making it impossible to assess the specific contribution of those projects to the overall objectives of the programme;
2017/12/06
Committee: EMPL
Amendment 12 #

2017/2136(DEC)

Draft opinion
Paragraph 4 b (new)
4b. Notes with concern that three years after the start of the 2014 to 2020 period, Member States have designated only 77 % of the programme authorities responsible for implementing the ESI funds, and that delays in budget implementation as of mid-2017 are greater than at the same point in the 2007-2013 period;
2017/12/06
Committee: EMPL
Amendment 13 #

2017/2136(DEC)

Draft opinion
Paragraph 5
5. NotEndorses the Court’s recommendation that when reconsidering the design and delivery mechanism for the ESI funds post- 2020, the Commission should strengthen the programme focus on performance and simplify the mechanism for payments by encouraging, as appropriate, the introduction of further measures linking the level of payments to performance instead of simply reimbursing costs.
2017/12/06
Committee: EMPL
Amendment 14 #

2017/2136(DEC)

Draft opinion
Paragraph 5 a (new)
5a. Considers that the promotion of a broader use of simplified cost options (SCOs) can lead to the reduction of administrative burdens, to fewer errors than reimbursements of actual costs and a greater focus on performance and results; shares the Court’s recommendation that the Commission should further streamline rules and procedures to reduce legal uncertainty and where appropriate by making increased use of SCOs (such as unit costs, lump sums, flat-rate financing and prices) in the revised Financial Regulation; acknowledges the Commission’s good work in this area to date;
2017/12/06
Committee: EMPL
Amendment 20 #

2017/2085(INI)

Draft opinion
Paragraph 3
3. Believes that full cost-benefit analysis in the form of adequate ex ante impact assessments by the Commission is essential for any new Union safety requirements, and that particular consideration should be given to their potential impact on the price of new cars for European consumers, as well their effect on vehicle emissions; recommends, furthermore, that the implementation of new Union road safety requirements be synchronised with the activities of the UN Economic Commission for Europe (UNECE); recommends that Europe should remain ambitious as a global leader in order to come to higher, global safety standards and less road casualties;
2017/06/27
Committee: IMCO
Amendment 22 #

2017/2085(INI)

Draft opinion
Paragraph 4
4. Is of the opinion that any new Union safety measures should be proportional to the design and production challenges facing small-volume and bespoke manufacturers; is of the opinion that the Euro NCAP should always reflect the actual car safety of a specific model and strongly rejects the current practice where the normally high-ranked models actually perform less well in real life, because they are stripped of the non- mandatory advanced safety features in specific countries;
2017/06/27
Committee: IMCO
Amendment 28 #

2017/2085(INI)

Draft opinion
Paragraph 5
5. Welcomes the improvements that market-led technological developments have already brought to Union road safety, and encourages the continued exploration of the opportunities the digital revolution offers in that regard; emphasises that the protection of personal data is fundamental, and underlines that public administrations should handle personal data securely in line with the General Data Protection Regulation (GDPR) and the EU Rules on Privacy; considers it important to further explore the principle of data ownership; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, and front-end blind spot cameras and detection for HGVs; calls for phasing in specific measures which significantly increase vehicle safety.
2017/06/27
Committee: IMCO
Amendment 3 #

2017/2073(INI)

Motion for a resolution
Recital B
B. whereas in the absence of harmonisation, it is for the Member States to decide on the regulation of professions, albeit in athe regulation of professional services remains Member States competence, which has to be exercised in a transparent, non- discriminatory, justified and proportionate manner;
2017/09/20
Committee: IMCO
Amendment 7 #

2017/2073(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas over-regulation of professional services and unjustified barriers are detrimental to the Member States' economies and the internal market as a whole;
2017/09/20
Committee: IMCO
Amendment 11 #

2017/2073(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the mutual evaluation exercise revealed that the level of regulation of professions varies significantly between Member States, and therefore warrants further clarification as to why the level of state intervention is particularly high in some countries;
2017/09/20
Committee: IMCO
Amendment 15 #

2017/2073(INI)

Motion for a resolution
Recital D b (new)
Db. whereas both the guidance on reform recommendations and the proportionality test aim to guarantee proportionate regulation and are to be considered as complementary: while the test is a measure to be used before Member States adopt new legislation or modify the rules already in place, the guidance encourages them to adapt the existing regulatory framework for specific professions;
2017/09/20
Committee: IMCO
Amendment 18 #

2017/2073(INI)

Motion for a resolution
Paragraph 1
1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well asas they account for 22% of the European labour force and thus represent an important share of the added value in the Union; believeconsiders, furthermore, that the high-quality of professional services isare of paramount importance for preserving the EU economic, social and cultural modelgrowth, innovation and job creation;
2017/09/20
Committee: IMCO
Amendment 23 #

2017/2073(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. believes, therefore that improving the regulatory environment by eliminating the disproportionate regulatory barriers will help to realise the largely untapped potential in the development of professional services;
2017/09/20
Committee: IMCO
Amendment 24 #

2017/2073(INI)

1a. Recalls that there are over 5,500 regulated professions across the EU, which corresponds to an average of 200 regulated professions per Member State, but with large variations between countries;
2017/09/20
Committee: IMCO
Amendment 34 #

2017/2073(INI)

Motion for a resolution
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions;deleted
2017/09/20
Committee: IMCO
Amendment 37 #

2017/2073(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Deplores the fact that a number of Member States have failed to fully notify the information about the professions they regulate and the requirements for accessing those professions;
2017/09/20
Committee: IMCO
Amendment 43 #

2017/2073(INI)

Motion for a resolution
Paragraph 6
6. NoteDeeply regrets that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of ambition, depth and detail of the NAPs submitted differ;
2017/09/20
Committee: IMCO
Amendment 48 #

2017/2073(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Member States to fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations, which is crucial for the mobility of professionals across the EU; invites the Commission to take action in particular against those Member States identified as having a particularly restrictive regulation;
2017/09/20
Committee: IMCO
Amendment 53 #

2017/2073(INI)

Motion for a resolution
Paragraph 8
8. AcknowledgDeprecates that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; calls for a broader involvement of all interested parties in the future;
2017/09/20
Committee: IMCO
Amendment 56 #

2017/2073(INI)

Motion for a resolution
Paragraph 9
9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio-economic contextal services will be beneficial for both consumers and professionals and could have a positive impact on the productivity and competitiveness of the EU economy; recalls that Member States are free to regulate professional services with the aim to ensure the protection of general interest objectives; stresses, however that such regulation should be in full compliance with the principles of non-discrimination and proportionality, as repeatedly confirmed by the European Court of Justice;
2017/09/20
Committee: IMCO
Amendment 70 #

2017/2073(INI)

Motion for a resolution
Paragraph 11
11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this;deleted
2017/09/20
Committee: IMCO
Amendment 78 #

2017/2073(INI)

Motion for a resolution
Paragraph 12
12. Notes that profession-specific regulations pursuing objectives in the public interest aim to ensure effective supervision of the lawful practice of the regulated profession, and of its deontological rules where relevant;deleted
2017/09/20
Committee: IMCO
Amendment 89 #

2017/2073(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Encourages, however, Member States to make full use of the restrictiveness indicator in order to compare Member States’ performance in the seven groups of professions selected and to significantly reduce the accumulated burden of multiple requirements as regards to those professions;
2017/09/20
Committee: IMCO
Amendment 92 #

2017/2073(INI)

Motion for a resolution
Paragraph 15
15. Takes note ofWelcomes the fact that the Commission has issued a new restrictiveness indicator, seeking to improve on the existing OECD Product Market Regulation restrictiveness indicator as regards the detailed analysis of the sectors concerned;
2017/09/20
Committee: IMCO
Amendment 102 #

2017/2073(INI)

Motion for a resolution
Paragraph 17
17. Recalls that the analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment; encompassxpresses satisfaction, ing the general interest objectives and the qualityat context, that the indicator is accompanied by a qualitative assessment and analysis which provides additional information ofn the servicreality on the pgrovideund;
2017/09/20
Committee: IMCO
Amendment 105 #

2017/2073(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Urges Member States to carefully re-assess and, where necessary, adapt their regulation in line with the specific reform recommendations on selected professional sectors with the ultimate aim of creating a better regulatory environment that is proportionate;
2017/09/20
Committee: IMCO
Amendment 116 #

2017/2073(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that, for regulation to be fit for purpose, it has to be reviewed regularly in order to take account of technical innovation and digitalisation in professional services; underlines that such changes may render established rules as obsolete or unjustified;
2017/09/20
Committee: IMCO
Amendment 2 #

2017/2069(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s continuous efforts to ensure that EU citizenship rights are upheld; reminds that, in accordance with Article 9 TEU and Article 20 TFEU, a person of the nationality of a Member State shall be a citizen of the Union; is convinced that EU citizens will only be able to exercise their rights fully if the Member States make a firm commitment to protecting them;
2017/09/08
Committee: AFCO
Amendment 14 #

2017/2069(INI)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises that involving citizens in the political process of their country of residence helps to build European democracy, and calls for the electoral rights of citizens residing in a Member State of which they are not nationals, as set out in Article 22 TFEU, to be extended to include all remaining elections;
2017/09/08
Committee: AFCO
Amendment 3 #

2017/2066(INI)

Draft opinion
Paragraph 1
1. Welcomes the Consumer Financial Services Action Plan and its focus on many of the key issues and initiatives raised in Parliament’s report on the Green Paper on Retail Financial Services and the opinion of the Committee on the Internal Market and Consumer Protection (IMCO), in particular those on cross-border transaction fees, pricing for car rentals, motor insurance and eIDAS, and those aiming to increase transparency in generaland comparability of financial products and services at EU level ;
2017/06/30
Committee: IMCO
Amendment 4 #

2017/2066(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Deeply regrets that only 7% of EU consumers have purchased a financial service in another EU member state than their member state of residence; considers in that regards consumers´ lack of trust in cross-border financial services as one of the main reasons behind the limited development of cross-border financial services;
2017/06/30
Committee: IMCO
Amendment 5 #

2017/2066(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Stresses that differences between national regulatory systems hinder the proper functioning of the Single market for financial services;
2017/06/30
Committee: IMCO
Amendment 6 #

2017/2066(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Believes that developing effective Europe-wide markers for financial services will improve choice for consumers, allow successful providers to offer their services throughout the EU as well as support new entrants and innovation;
2017/06/30
Committee: IMCO
Amendment 7 #

2017/2066(INI)

Draft opinion
Paragraph 1 d (new)
1 d. Underlines that digitalisation and innovation have rapidly changed the shape of retail financial services in recent years, with the emergence of new financial products and business models as well as the entrance of new players such as new financial technology companies (Fintechs);firmly believes that these changes will be beneficial for consumers;
2017/06/30
Committee: IMCO
Amendment 15 #

2017/2066(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Believes that the completion of the Capital Market Union will help support the development of a true single market for cross-border financial products and services throughout the European Union;
2017/06/30
Committee: IMCO
Amendment 16 #

2017/2066(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Regrets that retail financial services are excluded from the scope of the Proposal for a Regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC; emphasizes in that context that a large number of consumers are prevented from buying financial services abroad due to territorial restrictions; calls therefore on the Commission to rapidly monitor the impact of the Payment Accounts Directive as well as the geo- blocking practices in other financial services than payment accounts;
2017/06/30
Committee: IMCO
Amendment 25 #

2017/2066(INI)

Draft opinion
Paragraph 3
3. Underlines that consumers need to be able to choose the best rates and be aware of fees and other associated costs when making transactions or payments abroad, including when using dynamic currency conversion (DCC); asks the Commission to require, where appropriate, that the value of a transaction be displayed both in local currency and in the consumer’s home currency at the time of the transaction, and that rates offered by different financial service providers be displayed in a transparent manner, and calls for a neutral reference rate provided by a non-business actor;
2017/06/30
Committee: IMCO
Amendment 41 #

2017/2066(INI)

Draft opinion
Paragraph 5a (new)
5 a. Recalls that fees for cross-border payments outside of the Euro area still remains high;calls therefore on the Commission to rapidly propose an amendment to the Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 in order to reduce charges for cross-border transactions in all Member States;regrets in that regards the lack of a common European online banking payments system, such as a EU-wide, European owned, credit or debit card;
2017/06/30
Committee: IMCO
Amendment 47 #

2017/2066(INI)

Draft opinion
Paragraph 6
6. Stresses the potential of e-signature for easier transactions; calls on the Commission to build on the work of the eIDAS Regulation and to further assess the framework of European e-ID schemes in order to facilitate the supply of cross- border online financial services; asks furthermore that the Commission urgently assess the current regulatory barriers for e-identification techniques; underlines the importance of system security to combat potential identity theft and the need for financial non- discrimination of persons unable or unwilling to use e-signature.
2017/06/30
Committee: IMCO
Amendment 50 #

2017/2066(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Deplores the low switching levels of consumers for most banking and non- life insurance products, which remains one of the major barriers to entering retail cross-border markets;calls on the Commission to take rapid action in order to facilitate for consumers to switch to more advantageous retail financial services across the EU;
2017/06/30
Committee: IMCO
Amendment 55 #

2017/2066(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Highlights the large potential for the provision of cross-border insurance products, such as motor insurance;underlines that contract law differences between Member states impede the supply of insurance products across the EU;
2017/06/30
Committee: IMCO
Amendment 1 #

2017/2065(INI)

Draft opinion
Paragraph 1
1. Reiterates its support for the Commission’s ‘Trade for All’ strategy; encourages the Commission to continue to prioritise new approaches to facilitate trade in digital goods and services and eliminate digital non-tariff barriers; believes that the EU should have a leading role in promoting digital trade issues on international level and considers that all avenues for progress in this area should be explored;
2017/09/06
Committee: IMCO
Amendment 17 #

2017/2065(INI)

Draft opinion
Paragraph 3
3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet; believes that broader use of tools such as online dispute settlements would be beneficial for consumers in this regard; believes that a higher de minimis rate should be pursued in the context of trade negotiations;
2017/09/06
Committee: IMCO
Amendment 20 #

2017/2065(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Asks the Commission to analyses custom and taxation agreements to ensure that digital trade is not harmed by rules that were drafted with only physical goods in mind and to seek reforms where needed;
2017/09/06
Committee: IMCO
Amendment 22 #

2017/2065(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Believes that consumers should have access to secure international payment systems and basic consumer protection on international transactions;asks the Commission to promote and work towards such improvements as part of the increase in international trade;
2017/09/06
Committee: IMCO
Amendment 24 #

2017/2065(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Asks the Commission to seek the further expansion of the WTO's Information Technology Agreement to more products and more WTO members;
2017/09/06
Committee: IMCO
Amendment 30 #

2017/2065(INI)

Draft opinion
Paragraph 5
5. Emphasises that digital trade is best facilitated through an open exchange of data, with no geographical restrictions; considers that the removal of data localisation requirements should be a top priority, while emphasising that the relevant data protection legislation should be adhered to; regrets attempts to use such requirements as a form of non-tariff barrier to trade and as a form of digital protectionism; believes that the first step towards a global ban on data localisation requirements should be an Union-wide ban within the single market and the establishment of the free flow of data as a "fifth freedom" in Europe and supports all Commission efforts in this regards; calls for the creation of an international convention on data flows, in addition to bi-lateral agreements on the free flow of data;
2017/09/06
Committee: IMCO
Amendment 32 #

2017/2065(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Commission to include digital trade and data flows as part of all future trade negotiation mandates;furthermore invites the Commission to seek the introduction of annexes on digital trade and data flows to current agreements, wherever possible;
2017/09/06
Committee: IMCO
Amendment 37 #

2017/2065(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Supports making the current WTO moratorium on tariffs on electronic transmissions permanent;calls on the Member States to defend European interests from any attempts to generate revenue from such tariffs by third party countries;
2017/09/06
Committee: IMCO
Amendment 38 #

2017/2065(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Underlines the value of the Collaborative Economy, both within the Single Market and between EU businesses and consumers and businesses outside the EU;believes the global growth of this type of commerce should be seen as a positive for the future of trade;
2017/09/06
Committee: IMCO
Amendment 39 #

2017/2065(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Takes note of the WTO Ministerial Conference in Buenos Aires scheduled for the December 2017;asks the Commission to consult with European businesses and Member States as soon as possible on the Commission's position on e-commerce and other digital trade matters to be agreed at the conference in order to ensure an united European position;
2017/09/06
Committee: IMCO
Amendment 40 #

2017/2065(INI)

Draft opinion
Paragraph 6 d (new)
6 d. Stresses the important of international standards on digital equipment and services, especially in the area of cyber-security;asks the Commission to work to ensure the introduction of basic cyber-security measures into Internet of Things products and cloud based services;
2017/09/06
Committee: IMCO
Amendment 115 #

2017/2054(INL)

Motion for a resolution
Paragraph 9 a (new)
9a. Underlines that the composition of the European Parliament for the 2019 - 2024 parliamentary term should not preclude the possibility of a future accession of Western Balkans countries to the European Union;
2017/10/20
Committee: AFCO
Amendment 11 #

2017/2053(INI)

Draft opinion
Paragraph 3
3. Takes note ofEncourages the Member States and the European Commission to seize the opportunity presented by Brexit to reconsider the current system of rebates and corrections, which are not only contrary to the letter and spirit of the Treaties, but which have also proven to shift the focus of discussions from the European added value of the EU budget to the ‘net balance’ effect on the contributions of Member States;
2017/09/15
Committee: AFCO
Amendment 15 #

2017/2053(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the EU budget should be endowed with a system of genuine own resources, following the recommendations of the High Level Group on Own Resources;
2017/09/15
Committee: AFCO
Amendment 16 #

2017/2053(INI)

Draft opinion
Paragraph 3 b (new)
3b. Underlines that in times of scarce public resources but growing financial needs, the EU budget needs to focus on areas bringing the highest ‘European added value’, or on European public goods for which action at EU level is not only relevant, but indispensable;
2017/09/15
Committee: AFCO
Amendment 17 #

2017/2053(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Commission to start a reflection on how funds directly generated by EU policies could become revenues for the EU budget, such as revenues from auctions under the Emissions Trading System, emissions premiums for cars as well as revenues from the future European Travel Information and Authorisation System;
2017/09/15
Committee: AFCO
Amendment 3 #

2017/2052(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes that the current MFF severely limits the financial autonomy of the Union, as most of the revenue consists of national contributions by the Member States and a large part of the expenditure is already preordained by means of returns to these same Member States;
2017/09/15
Committee: AFCO
Amendment 7 #

2017/2052(INI)

Draft opinion
Paragraph 2
2. Points toroposes to make use of the possibility of switching from unanimity to qualified majority voting for the adoption of the forthcoming MFF Regulation, by using the provisions of Article 312(2) of the TFEU, which bring the MFF negotiations closer into line with the procedure for the adoption of the annual budget of the Unionintroduces real co- decision between the Council and Parliament on all budgetary matters;
2017/09/15
Committee: AFCO
Amendment 8 #

2017/2052(INI)

Draft opinion
Paragraph 2 a (new)
2a. Insists that the finances of all Union agencies should become an integral part of the EU budget;
2017/09/15
Committee: AFCO
Amendment 4 #

2017/2043(BUD)

Draft opinion
Paragraph 1
1. Recalls that growth is the key to more jobssustainable growth and investment are the key to job creation and increased prosperity and that it is necessary to direct the structural funds more effectively towards promoting growth;
2017/05/10
Committee: EMPL
Amendment 7 #

2017/2043(BUD)

Draft opinion
Paragraph 2
2. Emphasises that the 2018 budget must play a key role in enhancing the Union's contribution to growth and jobssustainable growth, jobs and social inclusion, especially in combatingthe areas of youth unemployment and inequality;
2017/05/10
Committee: EMPL
Amendment 13 #

2017/2043(BUD)

Draft opinion
Paragraph 3
3. Recalls that youth unemployment rates remain verunacceptably high in the Union1a and that the situation of unemployed young people, especially NEETS (not in education, employment, or training), is particularly worrying; emphasises that, in order to address this issue, it is of the utmost importance to ensure the properadequate and timely funding of the Youth Guarantee schemes through the European Youth Initiative and the European Social Fund;Youth Employment Initiative and the European Social Fund; in this regard, highlights the importance of continuing the YEI up to the end of the current MFF; also notes the Court of Auditors statement that it is not possible to address the whole NEET population with the resources available from the EU budget alone1b; _________________ 1aIn March 2017, the youth unemployment rate was 17.2% in the EU28 and 19.4% in the euro area, compared with 19.1% and 21.3% respectively in March 2016 - Eurostat, 2nd May 2017: http://ec.europa.eu/eurostat/documents/29 95521/8002525/3-02052017-AP- EN.pdf/94b69232-83a9-4011-8c85- 1d4311215619 1bSpecial report No 5/2017: Youth unemployment – have EU policies made a difference?, p. 8
2017/05/10
Committee: EMPL
Amendment 18 #

2017/2043(BUD)

Draft opinion
Paragraph 3 a (new)
3 a. Believes it is essential that the Youth Employment Initiative continues to be adequately funded and stresses in the context of the Multiannual Financial Framework mid-term review that the Council must adopt the agreed increase of EUR 500 million;
2017/05/10
Committee: EMPL
Amendment 20 #

2017/2043(BUD)

Draft opinion
Paragraph 4
4. Underlines the importance of sufficient funding and good budgetary management of the programmes within the 2014-2020 Multiannual Financial Framework that aim to address unemployment, poverty and social exclusion, such as the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the different axes of the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD); insists, therefore, that for 2018 these programmes' resources should at least be maintained at the levels of the previous EU budget; notes that payment amounts for this year's budget were limited as the structural funds have not been absorbed as quickly as expected and stresses that adequate payment appropriations be provided for in budget 2018;
2017/05/10
Committee: EMPL
Amendment 38 #

2017/2043(BUD)

Draft opinion
Paragraph 7
7. Urges that financial support be provided for programmes creating jobs for those with multiple disadvantages onfrom EU funds reaches as many targeted beneficiaries as possible in particular for those furthest from the labour market, such as the long-term unemployed, people with disabilities and people from minority backgrounds;
2017/05/10
Committee: EMPL
Amendment 44 #

2017/2043(BUD)

Draft opinion
Paragraph 8
8. Reiterates that pilot projects and preparatory actions are very valuable tools to initiate new activities and policies in the fields of employment and social inclusion; stresses that several ideas of the Committee on Employment and Social Affairs have been implemented successfully in the past as pilot projects/preparatory actions; is of the opinion, therefore, that that committee will make further use of those instruments in 2018; encourages the full use of the margins available under each heading; calls for Parliament to be given regular, detailed updates on the various stages in the implementation of pilot projects and preparatory actions by the Commission.
2017/05/10
Committee: EMPL
Amendment 10 #

2017/2037(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the Committee of Regions fulfils this role by carrying out a series of activities aimed at promoting dialogue and active participation in the EU’s decision-making process;
2018/03/26
Committee: AFCO
Amendment 17 #

2017/2037(INI)

Motion for a resolution
Recital E a (new)
E a. whereas the Committee of Regions created the Subsidiarity Monitoring Network to facilitate the exchange of information between local and regional authorities in the European Union and the EU institutions, on European Commission documents and legislative proposals which have a direct impact on regional and local authorities;
2018/03/26
Committee: AFCO
Amendment 19 #

2017/2037(INI)

Motion for a resolution
Recital F
F. whereas the Leipzig Charter on Sustainable European Cities employs the term ‘European cities’;deleted
2018/03/26
Committee: AFCO
Amendment 21 #

2017/2037(INI)

Motion for a resolution
Recital G
G. whereas according to the Leipzig Charter, European cities are considered ‘valuable and irreplaceable economic, social and cultural assets’, while one of the core conclusions of the Commission’s 2016 Cities Report is that cities are central to reaching key EU economic, social and environmental goals;
2018/03/26
Committee: AFCO
Amendment 33 #

2017/2037(INI)

Motion for a resolution
Recital O a (new)
O a. whereas cities can offer an opportunity to fulfil the potential of European citizenship and to reinforce it through the promotion of active citizenship, stemming from the recognition that cities can more efficiently implement intermediation structures between the EU and its citizens;
2018/03/26
Committee: AFCO
Amendment 43 #

2017/2037(INI)

Motion for a resolution
Paragraph 1
1. Notes that there is no legal basis in the Treaties allowing cities to be formally involved in decision-making at EU level; believes, however, that the current institutional set-up allows for encouraging platforms of cooperation between cities, and between cities and the decision-making bodies at both national and EU level;
2018/03/26
Committee: AFCO
Amendment 52 #

2017/2037(INI)

Motion for a resolution
Paragraph 3
3. Deems it necessary to build upon the current institutional set-up of the EU and to gauge recent developments, in order to reinforce cities’ involvement in the current EU decision-making and institutional architecture, in the light of the principle of subsidiarity, and to strengthen democratic legitimacy and accountability within the spirit of the Treaties, while also safeguarding transparency in policy and decision-making;
2018/03/26
Committee: AFCO
Amendment 54 #

2017/2037(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Recalls that the Committee of Regions coordinates the Europe 2020 Monitoring Platform(EUROPE 2020MP), whose main task is to ensure that the views of cities, regions and other local authorities are taken into account in the definition of the European Commission’s strategy for economic growth and innovation;
2018/03/26
Committee: AFCO
Amendment 56 #

2017/2037(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Notes that cities can serve to contribute to raising awareness about EU citizens’ rights, particularly ahead of the 2019 European elections;
2018/03/26
Committee: AFCO
Amendment 57 #

2017/2037(INI)

Motion for a resolution
Paragraph 4
4. Recommends a stronger representation of cities in the current structures, including a stronger cities’ role within the Committee of the Regions;deleted
2018/03/26
Committee: AFCO
Amendment 67 #

2017/2037(INI)

Motion for a resolution
Paragraph 5
5. Advocates the consolidation of the involvement of associations representing local authorities and urban interests in policy design, such as the Eurocities network and the Council of European Municipalities and Regions (CEMR), and considers that such associations should become permanent consultants of EU policieswith which the Committee of Regions is already closely involved;
2018/03/26
Committee: AFCO
Amendment 73 #

2017/2037(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Recalls that the Committee of Regions carries out Territorial Impact Assessments (TIAs)aimed at providing the Committee of Regions’ rapporteurs with an analysis of the potential territorial impact of EU legislative proposals;
2018/03/26
Committee: AFCO
Amendment 76 #

2017/2037(INI)

Motion for a resolution
Paragraph 6
6. Encourages the Council to consider launching meetings of the Council especially dedicated to urban matters; calls for cities and regions to have access to the Council working groups so that they can follow and more accurately provide input into the work of the Council in areas that impact them and their competenceCalls for cities and regions to have a closer involvement in relevant Commission expert groups and Council working groups;
2018/03/26
Committee: AFCO
Amendment 80 #

2017/2037(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Believes that the effectiveness of the Committee of the Regions in its representational role of cities and regions could be further enhanced by adapting the Inter-Institutional Agreement on Better Law-making to include the Committee of the Regions in the systematic inter-institutional document exchange and to foresee its consultation of the Committee of the Regions again in cases, where the initial legislative proposal has been substantially modified;
2018/03/26
Committee: AFCO
Amendment 81 #

2017/2037(INI)

Motion for a resolution
Paragraph 7
7. Considers that cities should be regarded more broadly than mere structures of public management under democratic control, and that urban centres should be seen as potential fora for public debate, the transfer of knowledge and for shaping political space in the EU; notes that it is necessary to define the elements upholding that European public space where the enjoyment of fundamental rights and freedoms, social welfare and the fulfilment of values such as equality, non-discrimination, justice, freedom and safety become the citizen identity model;
2018/03/26
Committee: AFCO
Amendment 85 #

2017/2037(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Considers that cities, possessing a privileged access to a large sector of the population of the EU, can promote the legitimising role of EU citizenship; proposes the creation a EU-wide information and awareness raising campaign on EU citizenship rights;
2018/03/26
Committee: AFCO
Amendment 87 #

2017/2037(INI)

Motion for a resolution
Paragraph 8
8. DefendAcknowledges that cities shcould be recognised as centres withplay a positive role in the development of European Union strategies, contributing to reinforce the multi-level governance system of the Union and that this perspective has a practical consequence regarding the institutional framework of the bottom-up or top-down decision-making process of the EU;
2018/03/26
Committee: AFCO
Amendment 93 #

2017/2037(INI)

Motion for a resolution
Paragraph 9
9. Believes that cities’ representation should not be limited to their official representatives participating in the management and consulting structures, and that cities – and not only capitals of the countries and regions – shcould become centres of debate on the future of the Union and its policies;
2018/03/26
Committee: AFCO
Amendment 96 #

2017/2037(INI)

Motion for a resolution
Paragraph 10
10. Recommends harnessing the potential of EU cities for the purposes of designing and implementing EU policies by means of debates and consultations in areas extending beyond urban policy sensu stricto;deleted
2018/03/26
Committee: AFCO
Amendment 103 #

2017/2037(INI)

Motion for a resolution
Paragraph 12
12. Considers that Parliament, together with the Committee of the Regions, are is the natural promoters of such a process, as bodies with the ability to frame the questions that constitute the point of departure for discussions and consultations and to draw conclusions based on the voices, opinions and projects collected; proposes that this process should be arranged by the Committee of the Regions, in close cooperation with the Member States, to ensure the broadest possible participation;
2018/03/26
Committee: AFCO
Amendment 104 #

2017/2037(INI)

Motion for a resolution
Paragraph 13
13. Proposes that this process should be arranged by Parliament and the Committee of the Regions, in cooperation with those European city councils recognised as fora for European debate, and that such fora should, in close cooperation with the Member States, be established in cities whose range of impact affects at least one million residents, so as to ensure the broadest possible participation;deleted
2018/03/26
Committee: AFCO
Amendment 109 #

2017/2037(INI)

Motion for a resolution
Paragraph 14
14. Suggests, furthermore, that the councils of the cities recognized as the European debate forumities should be responsible for providing local universities, the media, social organisations and citizens with extensive professional and public experience free and open access as well as the possibility to participate in debates and consultations; believes that the councils should also be responsible for inviting the representatives of all levels of urban governance including smaller units or partner councils from the wider urban area, and that it would also be sensible to specify the territorial scope of such an obligation in the agreement concluded between the EU-level or relevant bodies and the council of the European forum city;
2018/03/26
Committee: AFCO
Amendment 22 #

2017/2010(INI)

Draft opinion
Paragraph 6
6. Reiterates the need to enhance the flexibility of the early warning system, and notably of the eight-week period for submitting reasoned opinions, and to continue to reflect on the introduction of a green card mechanism; believes that the idea of a 'green card' should be considered as a positive and constructive means of raising the participation and activity of national parliaments in the EU legislative process; considers that as part of the same package, the two co- legislators should be granted the right of initiative;
2017/12/18
Committee: AFCO
Amendment 6 #

2017/2008(INI)

Draft opinion
Recital A a (new)
A a. Whereas the EU 2020 strategy establishes the EU's target of 75 % of men and women in employment by 2020 and, in particular, to close the gender gap in employment; whereas coordinated efforts will be required to facilitate women's labour-market participation.
2017/04/28
Committee: EMPL
Amendment 10 #

2017/2008(INI)

Draft opinion
Recital A b (new)
A b. Whereas greater economic empowerment of women and greater gender equality is an economic opportunity which would significantly boost Europe´s economic growth, competitiveness, and opportunities in employment. Emphasises that GDP would grow between 15% and 45% in the EU Member States if gender gaps in employment were eliminated.
2017/04/28
Committee: EMPL
Amendment 15 #

2017/2008(INI)

Draft opinion
Recital A c (new)
A c. Whereas although women account for almost 60% of graduates in the EU they remain under-represented in science, mathematics, IT, engineering and related careers; highlights, as a result, inequality in occupations is taking new forms and, despite the investment in education, young women are still twice as likely as young men to be economically inactive;
2017/04/28
Committee: EMPL
Amendment 37 #

2017/2008(INI)

Draft opinion
Paragraph 2
2. Calls on the Member States to promote the well-beingequality of women, by tackling the pay and pension gaps and combating atypical and insecure forms of work and employment, such as temporary co, which currently stand at 16 % and 40 % respectively; highlights the importance of the attractiveness of new forms of work by providing adequate flexibility that can promote higher employment racts or involuntary part-time worktes among women;
2017/04/28
Committee: EMPL
Amendment 50 #

2017/2008(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Highlights that the causes and consequences of the gender pension gap need to be addressed, as this is an obstacle to the economic independence of women in old age, when they face a higher risk of poverty than men.
2017/04/28
Committee: EMPL
Amendment 61 #

2017/2008(INI)

Draft opinion
Paragraph 3
3. Stresses the need to eliminate occupatithe horizontal segregationand vertical gender segregation of the labour market by addressing discriminatory social behaviours and stereotypes and promoting the equal participation of women and men in the labour market, education, training and all forms of care;
2017/04/28
Committee: EMPL
Amendment 65 #

2017/2008(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Calls on the Commission, together with the Member States, to promote and support female entrepreneurship initiatives as it can provide women the knowledge they need to found or co-found their own businesses based on their innovative ideas. In this regard, it is crucial to provide information on access to training, to support women entrepreneurs in accessing alternative sources of funding, business networking opportunities as well as advising on the start-up, management and growth of their businesses in the early phases.
2017/04/28
Committee: EMPL
Amendment 70 #

2017/2008(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Underlines that due to the rapid spread of digital technology, this will result in a growing demand for digital and other complementary skills to address the existing digital gap between men and women;believes further measures aimed at enhancing digital skills among women and girls should not only cover the upskilling of the workforce but the process should already begin in the early schools years with the implementation of technical, entrepreneurial and relevant soft skills in the education programmes;
2017/04/28
Committee: EMPL
Amendment 86 #

2017/2008(INI)

Draft opinion
Paragraph 4
4. Calls for measures to guaranteensure the economic and social dignity of feminised work, such as domestic work;
2017/04/28
Committee: EMPL
Amendment 89 #

2017/2008(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses also the importance to pay attention to the specific needs of groups facing particular barriers to entry to the labour market such as women in rural areas as well as women with disabilities and migrant women.
2017/04/28
Committee: EMPL
Amendment 101 #

2017/2008(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States to enforcestrengthen the implementation of existing laws and workplace policies thato prohibit discriminationtect women from discrimination, particularly, in the recruitment, retention and promotion of women in employment in both the public and private sectors;
2017/04/28
Committee: EMPL
Amendment 123 #

2017/2008(INI)

Draft opinion
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 sectors; in this regard, social partners have high potential to support gender equality on the labour market by actively raising the issue of equal pay during collective bargaining;
2017/04/28
Committee: EMPL
Amendment 2 #

2017/2003(INI)

Motion for a resolution
Citation 2 a (new)
- having regard to its resolution of 24 November 2016 on new opportunities for small transport businesses, including collaborative business models1a . _________________ 1a Texts adopted, P8_TA(2016)0455
2017/02/13
Committee: IMCO
Amendment 3 #

2017/2003(INI)

Motion for a resolution
Citation 2 b (new)
- having regard to the Council High Level Working Group on Competitive and Growth meeting of the 12 September 2016 and the Presidency's discussion paper1a ; _________________ 1a http://data.consilium.europa.eu/doc/docu ment/ST-11834-2016-INIT/en/pdf
2017/02/13
Committee: IMCO
Amendment 9 #

2017/2003(INI)

Motion for a resolution
Recital A a (new)
A a. whereas PricewaterhouseCoopers, in a study for the Commission, estimated that by 2025 that many areas of the sharing economy will rival the size of their traditional counterparts, with platforms in five sectors generating Europe-wide revenues worth over €80bn and facilitating nearly €570bn of transactions1a ; _________________ 1a http://press.pwc.com/News- releases/europe-s-five-key-sharing- economy-sectors-could-deliver--570- billion-by-2025/s/45858e92-e1a7-4466- a011-a7f6b9bb488f
2017/02/13
Committee: IMCO
Amendment 12 #

2017/2003(INI)

Motion for a resolution
Recital A b (new)
A b. Whereas PwC also projects that sharing economy revenues will grow at a 35-40% rate per year in Europe and that the collaborative economy should account for 50% of the rental sector by 2025 globally1a ; _________________ 1a http://www.pwc.co.uk/issues/megatrends/c ollisions/sharingeconomy/the-sharing- economy-sizing-the-revenue- opportunity.html
2017/02/13
Committee: IMCO
Amendment 15 #

2017/2003(INI)

Motion for a resolution
Recital B a (new)
B a. whereas small and medium-sized enterprises (SMEs) are the main engine of the European economy, representing, on 2014 figures, 99.8 % of all undertakings outside the financial sector and accounting for two out of three of all jobs;
2017/02/13
Committee: IMCO
Amendment 24 #

2017/2003(INI)

Motion for a resolution
Recital B b (new)
B b. whereas a recent study by the Commission shows that 17 % of European consumers have used services provided by the sharing economy, and 52 % are aware of the services offered1a ; _________________ 1aFlash Eurobarometer 438 (March 2016) on ‘The use of collaborative platforms’
2017/02/13
Committee: IMCO
Amendment 25 #

2017/2003(INI)

Motion for a resolution
Recital B c (new)
B c. whereas only 1.7 % of enterprises in the EU make full use of advanced digital technologies, while 41 % do not use them at all; whereas the digitalisation of all sectors is crucial if the EU's competitiveness is to be maintained and improved;
2017/02/13
Committee: IMCO
Amendment 27 #

2017/2003(INI)

Motion for a resolution
Recital B d (new)
B d. whereas the flexibility and ease of entry inherent in the collaborative economy can provide employment opportunities for groups traditionally excluded from the labour market, in particular women, young people and migrants; whereas collaborative economy services can provide a good way of becoming self-employed and promote a culture of entrepreneurship;
2017/02/13
Committee: IMCO
Amendment 40 #

2017/2003(INI)

Motion for a resolution
Paragraph 2
2. Believes that, if developed in a responsible manner, the collaborative economy may create significant opportunities for citizens and consumers, who benefit from enhanced competition, tailored services and lower prices; underlines that the growth in this sector is consumer driven and lead to greater consumer empowerment;
2017/02/13
Committee: IMCO
Amendment 66 #

2017/2003(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Notes the raise of peer reviews and forums as a part of the collaborative and wider economy; welcomes this and agrees with the Commission that these could serve as means to address asymmetric information exchanges; underlines that such reviews and forums are efficient means to ensure better information exchange, better consumer service and complaint resolutions;
2017/02/13
Committee: IMCO
Amendment 70 #

2017/2003(INI)

Motion for a resolution
Paragraph 5
5. Points to the risks of increasing regulatory grey areas, the consequent disregard of existing regulations and the fragmentation of the Single Marketconfusion by companies and regulators as to how to apply existing regulations and directives which has lead to greater fragmentation of the Single Market by regional and national authorities; is aware that, if not properly governed, these changesis confusion could result in legal uncertainty about applicable rules and constraints in exercising individual rights;
2017/02/13
Committee: IMCO
Amendment 79 #

2017/2003(INI)

Motion for a resolution
Paragraph 6
6. Considers the development of a harmonised, dynamic and clear legal environment to be of paramount importance for the collaborative economy to flourish in the EU;
2017/02/13
Committee: IMCO
Amendment 89 #

2017/2003(INI)

Motion for a resolution
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business modelcollection of new business models to offer goods and services but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community;
2017/02/13
Committee: IMCO
Amendment 125 #

2017/2003(INI)

Motion for a resolution
Paragraph 12
12. Is concerned that, while a large part of the nascent it is not always completely clear which EU regulations apply to all sectors of the collaborative economy remains unregulated,and this has lead to significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk ofwhich has only furthered fragmentation of the Single Market;
2017/02/13
Committee: IMCO
Amendment 132 #

2017/2003(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Stresses the complex nature of the transport sector within and outside the collaborative economy; notes that this sector is subject to heavy regulation, particularly regarding access to the profession, activities concerned and the development, use and marketing of transport services (exclusive rights, capping of the number of licenses), as well as subsidisation; deplores the fact that they are, among other factors, sometimes used as a pretext to erect artificial barriers, especially against new business models;
2017/02/13
Committee: IMCO
Amendment 141 #

2017/2003(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Underlines the existing legislation of the Services Directive and the failure to fully implement it in practice by many Member States; calls on the Commission to launch further infringement actions against those Member States, who despite having transposed the Directive, have not ensure that it is respected by local and regional authorities; urges the Commission to increase the speed by which infringement and competition cases are handled in order to allow for swift resolutions for both companies and individuals;
2017/02/13
Committee: IMCO
Amendment 146 #

2017/2003(INI)

Motion for a resolution
Paragraph 14
14. Agrees that, in line with the EU Treaty and applicable secondary legislation, any market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making to meet legitimate public interest objectives as set out in the Services Directive; recalls that the Service Directive includes an obligation for Member States' authorities to review existing legislation and remove such market restrictions; believes that peer providers should be subject to lighter legal requirements;
2017/02/13
Committee: IMCO
Amendment 155 #

2017/2003(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Welcomes the Service Package proposals and guidance on regulated professions; calls for further review and harmonisation of the rules on access to regulated professions and activities in Europe, so as to enable new operators and services linked to digital platforms and the collaborative economy to develop in a business-friendly environment, including greater transparency with regard to legislative changes, and to coexist with incumbent operators within an environment of healthy competition;
2017/02/13
Committee: IMCO
Amendment 163 #

2017/2003(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Underlines that any thresholds based on income levels must take into account the important differences in income levels and prices across the Member States, stresses that there can be no 'one-size-fits-all' EU income threshold;
2017/02/13
Committee: IMCO
Amendment 169 #

2017/2003(INI)

Motion for a resolution
Paragraph 16
16. Draws attention, at the same time, to the risk that establishing thresholds may create a disparity between micro and small businesses on the one side, and peers on the other; calls therefore for the legislation applicable to professional service providers to be revised in order to level the playing field among comparable categories of service providers and to remove unnecessary regulatory burdensuse this transformation as an occasion to remove unnecessary regulatory burdens for all business operators, collaborative and traditional alike;
2017/02/13
Committee: IMCO
Amendment 183 #

2017/2003(INI)

Motion for a resolution
Paragraph 18
18. Emphasises that, in manyWhere there is persisting market dominated players and therefore a lack of choice or competition, that clases,sical rules for protecting consumers aremight still be needed in the collaborative economy, especially due to persisting asymmetric information or lack of choiceand actions taken to ensure new market entries access to a local or regional market;
2017/02/13
Committee: IMCO
Amendment 197 #

2017/2003(INI)

Motion for a resolution
Paragraph 19
19. CRecalls on the Commission to clarify the collaborative platforms liability regime, which couldthe E-commerce Directive and the requirements as to online intermediaries liability; at the same time, asks platforms to take voluntary measures to enhance responsible behaviour and increase user confidence;
2017/02/13
Committee: IMCO
Amendment 217 #

2017/2003(INI)

Motion for a resolution
Paragraph 21
21. Believes that any new regulation should leveragefocus on ex-post regulation instead of ex-ante and that platforms’ self- governing capacities and peer-review should be leveraged to the greatest extent possible; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms;
2017/02/13
Committee: IMCO
Amendment 228 #

2017/2003(INI)

Motion for a resolution
Paragraph 22
22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, etc.);deleted
2017/02/13
Committee: IMCO
Amendment 249 #

2017/2003(INI)

Motion for a resolution
Paragraph 24
24. Is convinced that a common EU horizontal and harmonised regulatory framework, consisting of a combination of general principles and specific rules, needs to be developed, in addition to any sector- specific regulation that might be needed; takes the view that any legislation which imposes new requirements on collaborative economy actors, particularly tax-related, social and environmental measures, should be proportionate, simple and clear, and not hampering their development;
2017/02/13
Committee: IMCO
Amendment 264 #

2017/2003(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes that the rise of the collaborative economy has brought greater competition and has challenged existing operators to focus on consumers' real demands, consumer service and a better service to cost ratio; underlines that the collaborative economy is positive even for those individuals that do not directly take part in it;
2017/02/13
Committee: IMCO
Amendment 291 #

2017/2003(INI)

Motion for a resolution
Subheading 5
Impact on labour market and workers’ rights
2017/02/13
Committee: IMCO
Amendment 300 #

2017/2003(INI)

Motion for a resolution
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;deleted
2017/02/13
Committee: IMCO
Amendment 311 #

2017/2003(INI)

Motion for a resolution
Paragraph 33
33. Is concerned about the risk that on-demand workers might not enjoy genuine legal protection, and that collaborative platforms might pass on their risks to workers with no entrepreneurial responsibilities;deleted
2017/02/13
Committee: IMCO
Amendment 341 #

2017/2003(INI)

Motion for a resolution
Paragraph 35 b (new)
35 b. calls on the Member States to comply with, and fully implement, the Electronic Commerce Directive (Directive 2000/31/EC) and the Services Directive (Directive 2006/123/EC); maintains that the free movement of service providers and freedom of establishment, as provided for in Articles 56 and 49 TFEU respectively, are essential in order to realise the European dimension of services and hence of the internal market;
2017/02/13
Committee: IMCO
Amendment 342 #

2017/2003(INI)

Motion for a resolution
Paragraph 35 c (new)
35 c. Calls on the Member States to put an end to over-regulation, which is often protectionist in nature and inhibit the advantages of new market entries in order to protect established market players and other social actors; believes it is necessary for Member States to refrain from uncoordinated actions and unwarranted restrictive unilateral measures against collaborative economy companies;
2017/02/13
Committee: IMCO
Amendment 346 #

2017/2003(INI)

Motion for a resolution
Paragraph 36
36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy can offer significant opportunities to inner peripheries and outlying, mountainous and rural areas, toogions, and also offer indirect benefits for the tourism sector;
2017/02/13
Committee: IMCO
Amendment 5 #

2017/2002(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, and recognition of qualifications and the social dimension;
2017/03/28
Committee: IMCO
Amendment 8 #

2017/2002(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recognizes the primary importance of promoting digital literacy in order to take full advantage of growth and competitiveness opportunities in the European Digital Single Market;
2017/03/28
Committee: IMCO
Amendment 17 #

2017/2002(INI)

Draft opinion
Paragraph 2
2. Calls, to that end, for the systematic use of the Internal Market Information System (IMI) in order to ensure better exchange of data, enhance administrative cooperation and secure simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds;
2017/03/28
Committee: IMCO
Amendment 19 #

2017/2002(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Calls on the Member States to include leadership, management, entrepreneurial and financial education, business start-up advice and communication technologies in their education programmes, and to prioritise the further development of apprenticeships, vocational training and education (VET) programmes, including enhancing European craftsmanship;
2017/03/28
Committee: IMCO
Amendment 23 #

2017/2002(INI)

Draft opinion
Paragraph 3
3. Recalls that closing the skills gap and mismatches in the labour market and promoting opportunities for social mobility, including for vocational training and apprenticeships, is essential to ensure sustainable growth and jobs creation, in particular for SMEs and crafts;
2017/03/28
Committee: IMCO
Amendment 39 #

2017/2002(INI)

Draft opinion
Paragraph 5
5. AWelcomes the Commission's proposal to urge Member States to draw up comprehensive national strategies for digital skills; and asks the Commission to come forward with a methodology for the recognition of the new digital professions and to make provision for appropriate funding forreview appropriate means to fund the new educational framework for digital skills.
2017/03/28
Committee: IMCO
Amendment 273 #

2017/0355(COD)

Proposal for a directive
Recital 27 a (new)
(27a) In Member States where there is a high level of organisation, both among employees and employers, and where the social partners in their capacity as representatives for workers and employers have the primary responsibility to regulate working conditions on the labour market, the social partners should have full authority regarding the possibility to conclude collective agreements. Such concluded collective agreements that regulate working conditions and give workers an overall protection can deviate from the minimum rights provided by this directive as long as the purpose of the directive is respected.
2018/06/28
Committee: EMPL
Amendment 323 #

2017/0355(COD)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.
2018/06/28
Committee: EMPL
Amendment 377 #

2017/0355(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;deleted
2018/06/28
Committee: EMPL
Amendment 389 #

2017/0355(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b
(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;deleted
2018/06/28
Committee: EMPL
Amendment 399 #

2017/0355(COD)

Proposal for a directive
Article 2 – paragraph 1 – point c
(c) ‘employment relationship’ means the work relationship between workers and employers as defined above;deleted
2018/06/28
Committee: EMPL
Amendment 518 #

2017/0355(COD)

Proposal for a directive
Article 4 – paragraph 1
1. The information referred to in Article 3(2 a, b, c, d, e, f, j, k and l) shall be provided individually to the worker in the form of aone or more documents at the latest on the first day of the employment relationship. That document maywithin one calendar week from the first working day. The other information referred to in Article 3(2) shall be provided aind transmitted electronically as long as it is easily accessible byividually to the worker in the wforker and can be stored and printedm of a document within one month from the first working day.
2018/06/28
Committee: EMPL
Amendment 549 #

2017/0355(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.
2018/06/28
Committee: EMPL
Amendment 565 #

2017/0355(COD)

Proposal for a directive
Article 5 – paragraph 1 a (new)
The written document referred to in paragraph 1 shall not apply to changes that merely reflect a change in the laws, regulations and administrative or statutory provisions or collective agreements cited in the documents referred to in Article 4(1), and, where relevant, in Article 6.
2018/06/28
Committee: EMPL
Amendment 616 #

2017/0355(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. In cases where the worker has been absent from work during the probationary period, Member States may provide that the probationary period can be extended correspondingly, in relation to the duration of the absence.
2018/06/28
Committee: EMPL
Amendment 693 #

2017/0355(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
Member States may lay down modalities for the application of this Article, in accordance with national law, collective agreements and/or practice.
2018/06/28
Committee: EMPL
Amendment 709 #

2017/0355(COD)

Proposal for a directive
Article 10 – paragraph 1
1. Member States shall ensure that a workers who has completed his or her probationary period, if any, with at least six months' seniorityrvice with the same employer may request a form of employment with more predictable and secure working conditions where available. Member States may limit the frequency of such requests.
2018/06/28
Committee: EMPL
Amendment 762 #

2017/0355(COD)

Proposal for a directive
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member states with a high level of organisation and coverage for the collective agreements, and where the social partners have the primary responsibility to regulate working conditions, may determine that collective agreements concluded at the appropriate level by recognised social partners in accordance with national law, balancing the interests of workers and employers, shall be considered as respecting the overall protection of workers, as long as the purpose of this directive and European Union law is respected.
2018/06/28
Committee: EMPL
Amendment 131 #

2017/0353(COD)

Proposal for a regulation
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union market for goods can thrive. Rules are therefore necessary to ensure this enforcement throughout the internal market, including on productsregardless of whether products are traded in shops or online and regardless of whether they are produced domestically or entering the Union from third countries.
2018/05/24
Committee: IMCO
Amendment 132 #

2017/0353(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The value of products subject to Union harmonisation rules amounts to more than EUR 2 400 billion per year representing 69 % of the overall value of manufacturing products in the Union.
2018/05/24
Committee: IMCO
Amendment 133 #

2017/0353(COD)

Proposal for a regulation
Recital 1 b (new)
(1a) Non-compliant products cause harm to buyers and law-abiding undertakings alike. In practice, non- compliance means that citizens are exposed to potentially dangerous products or that the environment is put at risk. Furthermore, non-compliance means that undertakings selling compliant products face distorted competition which cuts corners or deliberately flouts the rules in order to gain a competitive edge.
2018/05/24
Committee: IMCO
Amendment 157 #

2017/0353(COD)

Proposal for a regulation
Recital 19
(19) Regulation (EC) No 765/2008 does not set explicit obligations on how market surveillance is to be organised at national level and leaves it to the prerogative of Member States. As a consequence, market surveillance remains fragmented in the Union and market surveillance authorities find it difficult to enforce their decisions in other Member States, due to the territoriality of their administrative decisions, their enforceability and language issues. In order to ensure that the Union harmonisation legislation on products is correctly enforced, market surveillance authorities should therefore have a common set of investigative and enforcement powers, allowing for enhanced cooperation between market surveillance authorities and more effective deterrence for economic operators that willingly infringe Union harmonisation legislation. Those powers should be sufficiently robust to tackle the enforcement challenges of Union harmonisation legislation, along with the challenges of e-commerce and the digital environment and to prevent economic operators from exploiting gaps in the enforcement system by relocating to Member States whose market surveillance authorities are not equipped to tackle unlawful practices. In particular, the powers should ensure that information and evidence can be exchanged between competent authorities so that enforcement can be undertaken equally in all Member States.
2018/05/24
Committee: IMCO
Amendment 160 #

2017/0353(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) There should be effective, speedy and accurate exchange of information among the Member States and between the Member States and the Commission. Regulation (EC) No 765/2008 includes a number of legal, administrative and financial tools (e.g. Information and Communication System on Market Surveillance (ICSMS) and Rapid Alert System for dangerous non-food products (RAPEX)) which enable coordination among market surveillance authorities in the Union. However, evidence shows that those tools are not exploited to the extent sufficient to trigger effective coordination and efficient work sharing among the market surveillance authorities. The overall degree of cross-border cooperation therefore remains insufficient and should be increased.
2018/05/24
Committee: IMCO
Amendment 162 #

2017/0353(COD)

Proposal for a regulation
Recital 19 b (new)
(19a) The provisions of Regulation (EC) No 765/2008 have been implemented in many different and specific forms at national levels. Differences emerge not only in terms of distribution of competences between market surveillance authorities but also in terms of internal coordination mechanisms at national level, level of deployed financial resources dedicated to market surveillance, market surveillance strategies and approaches, powers of inspections, sanctions and penalties for product non-compliance. The lack of uniformity leads to market surveillance being more rigorous in some Member States than in others. This might result in a less effective deterrence power, and an unequal playing field among businesses in some Member States also potentially imbalances in the level of product safety throughout the Union.
2018/05/24
Committee: IMCO
Amendment 180 #

2017/0353(COD)

It also provides a framework for the market surveillance of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment and, security and cyber- security.
2018/05/24
Committee: IMCO
Amendment 191 #

2017/0353(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under Union harmonisation legislation and do not endanger health, and safety or any other aspect of public interest protectionin general, health and safety in the workplace, the protection of consumers, protection of the environment, security and cyber-security;
2018/05/24
Committee: IMCO
Amendment 194 #

2017/0353(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘serious risk’ means any serious risk, including a serious risk where the effects are not immediate, requiring rapid intervention and follow-up by the market surveillance authorities, including a risk where the effects may not be immediate;
2018/05/24
Committee: IMCO
Amendment 197 #

2017/0353(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
(22a) ‘online marketplace’ means a service provider which allows consumers to conclude online contracts with traders and consumers on the online marketplace’s online interface;
2018/05/24
Committee: IMCO
Amendment 198 #

2017/0353(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22 b (new)
(22a) ‘formal non-compliance’ means a situation where a product does not comply either with substance or with rules laid down by Union law, and does not present a risk to health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment, security and cyber-security;
2018/05/24
Committee: IMCO
Amendment 200 #

2017/0353(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22 c (new)
(22c) ‘Internet of Things’ means a cyber-physical ecosystem of interconnected sensors and actuators, which enables intelligent decision making.
2018/05/24
Committee: IMCO
Amendment 228 #

2017/0353(COD)

Proposal for a regulation
Article 4 – paragraph 5 a (new)
5a. Economic operators who offer a product for sale online shall display with their offer for sale the identity and contacts details of the person responsible for compliance information with respect to the product. Online marketplaces should facilitate the display of the identity and contact details of the person responsible for compliance information designed by manufacturers for the products sold through them.
2018/05/24
Committee: IMCO
Amendment 239 #

2017/0353(COD)

Proposal for a regulation
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers shall make the declaration publicly available on their website or, in the absence of a website, by any other means that allows the declaration to be easily and readily accessed by the general public in the Union free of charge.
2018/05/24
Committee: IMCO
Amendment 246 #

2017/0353(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
The Product Contact Points shall, together with the Commission, prepare the general product requirements laid down by Union law and provide them to economic operators in a transparent, accessible and user-friendly way.
2018/05/24
Committee: IMCO
Amendment 247 #

2017/0353(COD)

Proposal for a regulation
Article 6 – paragraph 1 b (new)
Such information may be published online, in order to raise awareness about the general product requirements laid down by Union law among economic operators.
2018/05/24
Committee: IMCO
Amendment 250 #

2017/0353(COD)

Proposal for a regulation
Article 7
Compliance partnership arrangements 1. A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territory under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible. The arrangement shall not cover the provision of conformity assessment activities that are entrusted to notified bodies under the Union harmonisation legislation. 2. If a market surveillance authority enters into a partnership arrangement under paragraph 1, it shall enter that fact in the system referred to in Article 34, along with details of the scope of the arrangement and the names and addresses of itself and of the economic operator. 3. If a market surveillance authority enters into a partnership arrangement under paragraph 1, other market surveillance authorities shall inform that authority of any temporary measure taken by them against the economic operator, and any corrective action taken by the economic operator, in relation to compliance with the applicable Union harmonisation legislation. 4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2.Article 7 deleted
2018/05/24
Committee: IMCO
Amendment 266 #

2017/0353(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end-users for the carrying out, or financing, of joint activities aimed at raising awareness, providing guidance in relation to the general requirements laid down by Union law, as well as identifying non-compliance or promoting compliance in specific geographical areas or with respect to specific categories of product, in particular with respect to products presenting a serious risk or with respect to products that are often notified as dangerous in the Rapid Alert System for Non-Food Consumer Products (RAPEX).
2018/05/24
Committee: IMCO
Amendment 271 #

2017/0353(COD)

Proposal for a regulation
Article 8 – paragraph 3 a (new)
3a. Any memorandum of understanding shall include strict provisions aimed at ensuring the confidentiality, the objectivity, the independence and impartiality of the parties, the information and the activities concerned. Where any of its parties is in breach of any such provisions, a memorandum of understanding shall be terminated.
2018/05/24
Committee: IMCO
Amendment 276 #

2017/0353(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Market surveillance authorities shall establish appropriate and effective communication and coordination mechanisms with other market surveillance authorities.
2018/05/24
Committee: IMCO
Amendment 289 #

2017/0353(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The single liaison office of a Member State shall be responsible for coordinating the enforcement and market surveillance activities of the market surveillance authorities designated by that Member State. It shall also be responsible for the coordination of market surveillance activities performed in cooperation with other authorities responsible for the control of products entering Union territory, in particular with custom authorities.
2018/05/24
Committee: IMCO
Amendment 294 #

2017/0353(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Member States shall ensure that their market surveillance authorities and single liaison office have the necessary resources, including sufficient budgetary and other resources, staffing, expertise, procedures and other arrangements for the proper performance of their duties.
2018/05/24
Committee: IMCO
Amendment 298 #

2017/0353(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(ba) the effective coordination with other market surveillance authorities in Union territory.
2018/05/24
Committee: IMCO
Amendment 340 #

2017/0353(COD)

Proposal for a regulation
Article 12 a (new)
Article 12 a Specific activities of market surveillance authorities as regards to products sold online to end-users 1. Member States shall conduct their activities, as regards to products sold online to end-users located in Union territory, in order to ensure the compliance with points (a), (b) and (ba) of Article 12(1). 2. For the purpose of paragraph 1, Member States shall allocate adequate resources and ensure that there is a sufficient number of inspectors, dealing with products sold online to end-users (‘online inspectors’) within their territory, having appropriate expertise and awareness of the specificities of the online sphere. 3. Due to the proliferation of e-commerce, Member States shall perform an adequate number of controls of products sold online to end-users within the Union territory, based on the risk-based approach as referred to in Article 12.
2018/05/24
Committee: IMCO
Amendment 347 #

2017/0353(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point c a (new)
(ca) the specific enforcement actions planned in order to reduce the occurrence of non-compliance as regards products sold online to end-users within Union territory, including, where relevant, the minimum control levels envisaged for categories of those products which have significant levels of non-compliance;
2018/05/24
Committee: IMCO
Amendment 350 #

2017/0353(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point f a (new)
(fa) the actions taken or envisaged in order to diminish the threats and risks related to Internet-of-Things devices, systems and services.
2018/05/24
Committee: IMCO
Amendment 361 #

2017/0353(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point c
(c) the power to have access to any relevant documents, data or information related to an instance of non-compliance, in any form or format and irrespective of its storage medium or the place where it is stored;
2018/05/24
Committee: IMCO
Amendment 369 #

2017/0353(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point e – point 3
(3) to request any representative or a relevant member of staff of the economic operator to give explanations of facts, information or documents relating to the subject-matter of the inspection and to record their answers;
2018/05/24
Committee: IMCO
Amendment 387 #

2017/0353(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point m
(m) the power to order the restitution of profits obtained as a result of anrepeated and intentional instances of non-compliance;
2018/05/24
Committee: IMCO
Amendment 393 #

2017/0353(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Market surveillance authorities shall exercise their powers in accordance with the principle of proportionality.deleted
2018/05/24
Committee: IMCO
Amendment 396 #

2017/0353(COD)

Proposal for a regulation
Article 14 a (new)
Article 14a Exercise of powers or duties of market surveillance authorities 1. Market surveillance authorities shall exercise powers set out in this Article proportionately, efficiently and effectively in accordance with Union law, including the principles of the Charter of Fundamental Rights of the European Union, applicable procedural safeguards and the Union rules on data protection, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council 1a, and national law. 2. Market surveillance authorities shall in any case exercise the powers set out in point 1 of point (e) and in point (h) of Article 14(3) by application to courts competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful. 3. Investigation and enforcement measures adopted when applying this Regulation shall adequately reflect the nature and degree of the non-compliance and the overall actual and potential harm caused by it. 4. When a decision as to whether to impose a penalty and on the amount of such penalty to be imposed in each individual case is being made, due regard shall be given to the following: (a) the nature, gravity and duration of the non-compliance, taking into account the number of consumers affected and the level of damage suffered by them; (b) the intentional and negligent character of the non-compliance; (c) any action taken by the manufacturer to mitigate the damage suffered by consumers; (d) any relevant previous non- compliance committed by the manufacturer; (e) the degree to which the manufacturer has cooperated with market surveillance authorities in order to remedy the non-compliance and mitigate its potential adverse effects. _________________ 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).
2018/05/24
Committee: IMCO
Amendment 401 #

2017/0353(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Market surveillance authorities shall perform sufficient and appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory controls on the basis of a representative sample.
2018/05/24
Committee: IMCO
Amendment 402 #

2017/0353(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 a (new)
For certain types of products or categories of products, where serious risks to health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment, security and cyber-security within Union territory or serious breaches to applicable products requirements laid down by Union legislation have been continuously identified, the Network established under Article 31 shall develop uniform conditions of checks and common criteria for the determination of the frequency of checks.
2018/05/24
Committee: IMCO
Amendment 425 #

2017/0353(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. If a product presenting a serious risk has been made available on the market, market surveillance authorities shall immediately notify the Commission of any voluntary measures taken and communicated by an economic operator.
2018/05/24
Committee: IMCO
Amendment 430 #

2017/0353(COD)

Proposal for a regulation
Article 20 – paragraph 4 – point a
(a) carry out product-testing in relation to market surveillance activities and investigations, including, in particular, on behalf of the Member States that do not yet possess their own testing capacities;
2018/05/24
Committee: IMCO
Amendment 433 #

2017/0353(COD)

Proposal for a regulation
Article 20 – paragraph 4 a (new)
4a. Duplication of efforts between Member States and Union testing facilities shall be avoided.
2018/05/24
Committee: IMCO
Amendment 435 #

2017/0353(COD)

Proposal for a regulation
Article 20 – paragraph 4 b (new)
4b. Market surveillance authorities shall recognise the tests performed by Union testing facilities.
2018/05/24
Committee: IMCO
Amendment 436 #

2017/0353(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. The Commission shall adopt implementing acts specifying the procedures for the designatingon and the functioning of Union testing facilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 63.
2018/05/24
Committee: IMCO
Amendment 464 #

2017/0353(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 (new)
The parties concerned shall, whenever feasible, be given an opportunity to submit their views before the adoption of the measure. If this has not been done in advance because of the urgency of the measures to be taken, they shall be given such opportunity in due course after the measure has been implemented.
2018/05/24
Committee: IMCO
Amendment 465 #

2017/0353(COD)

Proposal for a regulation
Article 25 – paragraph 3 a (new)
3a. Paragraph 3 shall not apply in case of formal non-compliance of products as defined in point (22b) of Article 3.
2018/05/24
Committee: IMCO
Amendment 476 #

2017/0353(COD)

Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 1 – introductory part
By 31 March each year, Member States shall submit to the Commission detailed statistical data covering controls performed by the authorities designated under paragraph 1 with respect to products subject to Union harmonisation legislation during the previous calendar year, including data covering:
2018/05/24
Committee: IMCO
Amendment 513 #

2017/0353(COD)

Proposal for a regulation
Article 32 – paragraph 3
3. The Commission shall establish separate or joint administrative coordination groups for all the instruments of Union harmonisation legislation listed in the Annex to this Regulation. Each administrative coordination group shall be composed of representatives of the competent national market surveillance authorities and, ifwhere appropriate and in line with the subject matter in question, representatives of the single liaison offices, and representatives of the relevant business associations and of consumer associations.
2018/05/24
Committee: IMCO
Amendment 516 #

2017/0353(COD)

Proposal for a regulation
Article 32 – paragraph 5 a (new)
5a. As much as possible, the meeting of the EUPC Board as well as the meetings of the administration groups shall be conducted in an open and transparent manner.
2018/05/24
Committee: IMCO
Amendment 15 #

2017/0334(COD)

Proposal for a regulation
Recital 1
(1) The Structural Reform Support Programme (‘the Programme’) was established with the objective of providing additional Union support in order to strengthening the capacity of Member States to prepare and implement growth- sustaining administrative and structural reforms, including through assistance for the efficient and effective use of the Union funds. Support under the Programme is provided by the Commission, upon request by a Member State, and can cover a wide range of policy areas. It is well placed to complement and further strengthen the implementation of the European Semester cycle, particularly its annual growth survey and country-specific recommendations, in order to achieve sustainable growth and job creation and make progress towards the long-term Europe 2020 targets. Developing resilient economies built on strong economic and social structures, which allow Member States to efficiently absorb shocks and swiftly recover from them, contributes to economic and social cohesion. The implementation of institutional, administrative and growth-sustaining structural reforms is an appropriate tool for achieving such a development.
2018/05/22
Committee: EMPL
Amendment 21 #

2017/0334(COD)

Proposal for a regulation
Recital 4
(4) It is thus appropriate to stress in the general objective of the Programme – within its contribution towards responding to economic and social challenges – that enhancing cohesioneconomic, social and territorial cohesion, social inclusion and the fight against poverty, competitiveness, productivity, and sustainable and inclusive growth, and job creation and investment should also contribute to the preparations for future participation in the euro area by those Member States whose currency is not the euro.
2018/05/22
Committee: EMPL
Amendment 32 #

2017/0334(COD)

Proposal for a regulation
Recital 6
(6) In order to meet the growing demand for support from Member States, and in view of the need to support the implementation of structural reforms in Member States whose currency is not the euro, the financial allocation for the Programme should be increased to a sufficient level that, via the Flexibility Instrument provided for by the current Multiannual Financial Framework, which will allows the Union to provide support that meets the needs of the requesting Member States. Member States should be encouraged to make use of the possibility, provided for under Article 11 of Regulation (EU) No 2017/825, of transferring part of their resources from the technical assistance component of the European Structural and Investment Fund to the Programme, for the purpose of support for the implementation of reforms, including reforms linked to euro adoption.
2018/05/22
Committee: EMPL
Amendment 40 #

2017/0334(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2017/825
Article 4 – paragraph 1
The general objective of the Programme shall be to contribute to institutional, administrative and growth-sustaining structural reforms in the Member States by providing support to national authorities for measures aimed at reforming and strengthening institutions, governance, public administration, and economic and social sectors in response to economic and social challenges, with a view to enhancing cohesioneconomic, social and territorial cohesion, social inclusion and the fight against poverty, competitiveness, productivity, sustainable and inclusive growth, job creation, and investment, which will also prepare for Member States participation in the euro area, in particular in the context of economic governance processes, including through assistance for the efficient, effective and transparent use of the Union funds.;
2018/05/22
Committee: EMPL
Amendment 42 #

2017/0334(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2017/825
Article 5 – paragraph 1 – point d a (new)
(1a) In Article 5, paragraph 1 the following point (da) is added: (da) to support the national authorities in actions and activities in support of reforms that may help Member States in their preparation to join the euro area.
2018/05/22
Committee: EMPL
Amendment 45 #

2017/0334(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2017/825
Article 5 a
(2) Article 5a is added Article 5a Support for preparation for euro area membership The Programme may finance actions and activities in support of reforms that may help Members States in their preparation to join the euro area.deleted
2018/05/22
Committee: EMPL
Amendment 3 #

2017/0333R(APP)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that the Commission proposal provides for the establishment of the EMF as an EU body, which makes the EMF accountable towards the European Parliament and the Council and subject to judicial control by the Court of Justice;
2018/12/18
Committee: AFCO
Amendment 8 #

2017/0333R(APP)

Draft opinion
Paragraph 2
2. Takes note of the proposed provisions regarding the accountability of the European Monetary Fund (EMF) to the European Parliament and the Council; nNotes in particular that the rules regarding the accountability of the EMF to the European Parliament mirror the already existing arrangements applicable to the Single Resolution Board (SRB), the European Central Bank (ECB) acting within the framework of the Single Supervisory Mechanism (SSM) and the European Systemic Risk Board (ESRB);
2018/12/18
Committee: AFCO
Amendment 12 #

2017/0333R(APP)

Draft opinion
Paragraph 3
3. Requests that the European Parliament be informed immediately and in an appropriate manner of the decisions that have been taken by the EMF and approved by the Council; urges the future Managing Director of the EMF to hold transparent and regular dialogue with the Committee on Economic and Monetary Affairs of the European Parliament;
2018/12/18
Committee: AFCO
Amendment 18 #

2017/0333R(APP)

Draft opinion
Paragraph 4 a (new)
4 a. Requests that the European Court of Auditors should be given a clear and formal role in the discharge procedure of the EMF, and that such reports should be examined by the European Parliament;
2018/12/18
Committee: AFCO
Amendment 20 #

2017/0333R(APP)

Draft opinion
Paragraph 4 b (new)
4 b. Suggests that, should a separate Eurozone budget come to reality, sufficient accountability could be guaranteed by requiring the EMF to share information with a consultative euro area sub-formation of the European Parliament in order to strengthen its accountability to citizens;
2018/12/18
Committee: AFCO
Amendment 36 #

2017/0237(COD)

Proposal for a regulation
Recital 6
(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services which are not cross-border services within the Union from certain provisions on passengers' rights.deleted
2018/04/17
Committee: IMCO
Amendment 46 #

2017/0237(COD)

Proposal for a regulation
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and, during and after the journey. Whenever possible, rRailway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
2018/04/17
Committee: IMCO
Amendment 53 #

2017/0237(COD)

Proposal for a regulation
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trains. The carriage of bicycles may be refused on the ground of safety and good functioning of rail operation services.
2018/04/17
Committee: IMCO
Amendment 58 #

2017/0237(COD)

Proposal for a regulation
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possiblein particular, through-tickets should be considered whenever, according to the time schedules, known at the time of the purchase of the ticket, there is time for the passenger to transfer between one service to another.
2018/04/17
Committee: IMCO
Amendment 64 #

2017/0237(COD)

Proposal for a regulation
Recital 16
(16) Railway undertakings and station managers should take into account the needs of persons with disabilities and persons with reduced mobility, through compliance with the TSI for persons with reduced mobility and the directive XXX when complementing TSI. In addition , in accordance with Union public procurement rules, in particular Directive 2014/24/EU of the European Parliament and of the Council26 , all buildings and rolling stock should be made accessible through the progressive elimination of physical obstacles and functional hindrances when acquiring new material or carrying out construction or major renovation work. __________________ 26 Directive 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).
2018/04/17
Committee: IMCO
Amendment 66 #

2017/0237(COD)

Proposal for a regulation
Recital 17
(17) It is desirable that this Regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking, on the same basis as the international system provided by the COTIF and in particular CIV Uniform Rules thereto relating to passengers' rights. In the event of a delay of a passenger service, railway undertakings should provide passengers with compensation based on a percentage of the ticket price. Compensation rates should reflect the need to mitigate delays and to reduce the passenger's dissatisfaction. Passengers should be able to use an EU standardised complaint form for submitting a complaint in their own EU language if they prefer and it should be equally valid to the complaint format provided by the railway undertakings, ticket vendors, railway station or infrastructure manager involved in the complaint process. Railway undertakings, ticket vendors are encouraged to develop an automatic compensation system, like a passenger account or a Smartcard, to claim compensation for delay or cancellation, both to avoid a complex and cumbersome process for the passenger and to speed up the payment of the compensation.
2018/04/17
Committee: IMCO
Amendment 74 #

2017/0237(COD)

Proposal for a regulation
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been taken.deleted
2018/04/17
Committee: IMCO
Amendment 80 #

2017/0237(COD)

Proposal for a regulation
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings, ticket vendors, railway station or infrastructure manager to seek compensation from any person, including third parties, in accordance with applicable national law.
2018/04/17
Committee: IMCO
Amendment 83 #

2017/0237(COD)

Proposal for a regulation
Recital 27
(27) Rail passengers should be able to submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager involved regarding the rights and obligations conferred by this Regulation, and be entitled to receive a response within a reasonable period of time.
2018/04/17
Committee: IMCO
Amendment 89 #

2017/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
See also amendment 63.(a a) the minimum information to be provided to the passengers by railway undertakings and ticket vendors, including the conclusion of transport contracts, and the issuing of tickets, as laid out in Annex II Part I and Part II; Or. enJustification
2018/04/17
Committee: IMCO
Amendment 92 #

2017/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) minimum information to be provided to passengers;deleted
2018/04/17
Committee: IMCO
Amendment 97 #

2017/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point h
(h) the filing and handling of complaints;
2018/04/17
Committee: IMCO
Amendment 101 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;deleted
2018/04/17
Committee: IMCO
Amendment 112 #

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. Articles 5, 6, 10, 11, 12 and 2517 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
2018/04/17
Committee: IMCO
Amendment 118 #

2017/0237(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of aone or more railway undertakings or for its own account;
2018/04/17
Committee: IMCO
Amendment 121 #

2017/0237(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6 a) 'ticket' means a valid evidence that entitles the passenger to rail transport, regardless of its form, paper, e-Ticket, Smartcard, travel card;
2018/04/17
Committee: IMCO
Amendment 124 #

2017/0237(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or separate tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
2018/04/17
Committee: IMCO
Amendment 135 #

2017/0237(COD)

Proposal for a regulation
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contracttransport contract and ticketing conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final custompassenger's nationality or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union or the means through which passengers bought the ticket.
2018/04/17
Committee: IMCO
Amendment 147 #

2017/0237(COD)

Proposal for a regulation
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers, at the latest when purchasing the ticket, of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011.
2018/04/17
Committee: IMCO
Amendment 155 #

2017/0237(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. For this purpose, railway undertakings shall provide this information to ticket vendors and other railway undertakings, selling its service. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
2018/04/17
Committee: IMCO
Amendment 158 #

2017/0237(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Railway undertakings and, where possible, ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II. The same shall apply to ticket vendors, except in cases where they don't have the possibility to connect with the passenger and inform him/her. For purpose of this paragraph, railway undertakings shall provide information set out in Annex II, Part II to ticket vendors and other railway undertakings, selling its service.
2018/04/17
Committee: IMCO
Amendment 172 #

2017/0237(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through-tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking. reservations. They shall offer through-tickets, including for journeys across borders and with more than one railway undertaking, where according to the time schedules known at the time of the purchase of the ticket, there is time for the passenger to transfer between one service to another. Ticket vendors and railway undertakings shall make available to station managers, infrastructure managers, and each other the data concerning sold tickets and the related passengers in a real time basis in a non- discriminatory way, in line with the General Data Protection Regulation (EU)2016/679.
2018/04/17
Committee: IMCO
Amendment 196 #

2017/0237(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityassengers shall be permitted to buy tickets on board the train at no extra cost.
2018/04/17
Committee: IMCO
Amendment 204 #

2017/0237(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, his rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
2018/04/17
Committee: IMCO
Amendment 211 #

2017/0237(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. For the purposes of point (b) of paragraph 1, cin case of missed connection due to delay or cancellation of an earlier leg of the passenger's journey, the passenger shall be allowed to take the next service available in order to reach his/her final planned destination. Comparable re-routing may be operated by any railway undertaking and may involve the use of transport of a higher class and alternative modes of transport without generating additional costs to the passenger. Railway undertakings shall make reasonable efforts to avoid additional connections. The total travel time when using an alternative mode of transport for the part of the journey not completed as planned shall be comparable to the scheduled travel time of the original journey. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available.
2018/04/17
Committee: IMCO
Amendment 233 #

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services, or through an automatic compensation system where in place, if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
2018/04/17
Committee: IMCO
Amendment 241 #

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 8
8. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken.deleted
2018/04/17
Committee: IMCO
Amendment 298 #

2017/0237(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 483 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
2018/04/17
Committee: IMCO
Amendment 314 #

2017/0237(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage the participation, in the training, of employees with disabilities, passengers with disabilities and with reduced mobility, and/or organisations representing them.
2018/04/17
Committee: IMCO
Amendment 319 #

2017/0237(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers.
2018/04/17
Committee: IMCO
Amendment 326 #

2017/0237(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be easily available to passengers and accessible to persons with disabilities and with reduced mobility.
2018/04/17
Committee: IMCO
Amendment 327 #

2017/0237(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4a. The Commission shall adopt a standardised EU complaint form that passengers may use to apply for compensation in accordance with this regulation.
2018/04/17
Committee: IMCO
Amendment 34 #

2017/0220(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Since Article 48(2) TEU confers to the Commission the right to submit to the Council proposals for the amendment of the Treaties, any such proposal should be regarded as a legal act of the Union for the purpose of implementing the Treaties.
2018/05/17
Committee: AFCO
Amendment 78 #

2017/0220(COD)

Proposal for a regulation
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative. The Commission should explain in a clear, comprehensible and detailed manner the reasons for its intended action, and should likewise give its reasons if it does not intend to take any action. A valid initiative should not affect the Commission’s right of initiative.
2018/05/17
Committee: AFCO
Amendment 82 #

2017/0220(COD)

Proposal for a regulation
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should provide updated and detailed information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission. Those groups of organisers should report on all of their sources of funding and the Commission should make those sources clearly apparent on the register. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation and with full transparency. In order to enhance the transparency of financing of ECI activities and the visibility of the ECI as a tool for the engagement of citizens, this regulation should be endowed with its own financial Programme.
2018/05/17
Committee: AFCO
Amendment 97 #

2017/0220(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
The Commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the European citizens’ initiative, including information about organisations that are able to provide further technical and legal support as well as about other forms of support available in the Member States.
2018/05/17
Committee: AFCO
Amendment 186 #

2017/0220(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3a. In the event of a successful citizens’ initiative, the Commission shall, within 12 months after the publication of the initiative, submit to the European Parliament and to the Council a proposal in response to the initiative. If the Commission considers that there are good reasons not to submit a legislative proposal, it shall clearly and thoroughly justify its decision.
2018/05/17
Committee: AFCO
Amendment 189 #

2017/0220(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
Structure of the ECI Programme and supported actions In order to achieve its objectives, the Programme shall finance, inter alia, the following types of action: (a) the development and improvement of the ECI IT systems, including in particular the ECI Register, the central online collection system and the online collaborative platform; (b) the communication, administration and support of ECI activities that aim to eliminate existing hurdles to citizens using the ECI and to harmonise further the procedure and requirements for the submission of ECIs across the Union; (c) the provision of legal advice directly linked to the registration process that has been obtained before the registration of an ECI in line with the provisions of Article 6 of this Regulation; (d) the provision of translations of the registered initiatives and organisation of meetings with the initiatives’ organisers;
2018/05/17
Committee: AFCO
Amendment 13 #

2017/0219(COD)

Proposal for a regulation
Recital 5
(5) For reasons of transparency and in order to strengthen the scrutiny and the democratic accountability of European political parties and the link between European civil society and the Union institutions, in particular the European Parliament, access to funding from the general budget of the European Union should be made conditional upon the publication, in a comprehensive, detailed, reliable, user-friendly and accessible way, by the member parties of the programme and logo of the European political party concerned, as well as information regarding the gender representation among the candidates at the last elections to the European Parliament and among the members of the European Parliament.
2017/10/31
Committee: AFCO
Amendment 21 #

2017/0219(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU, Euratom) No. 1141/2014
Recital 12
(-1) Recital 12 is replaced by the following: “(12) European political parties and their affiliated European political foundations wishing to obtain recognition as such at Union level by virtue of European legal status and to receive public funding from the general budget of the European Union should respect certain principles and fulfil certain conditions. In particular, it is necessary for European political parties and their affiliated European political foundations to respect, especially in their programme and in their activities, the values on which the Union is founded, as expressed in Article 2 TEU., namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.”
2017/10/31
Committee: AFCO
Amendment 25 #

2017/0219(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU, Euratom) No. 1141/2014
Article 3 – paragraph 1 – point b – subparagraph 1
(1) In Article 3(1)b, the first subparagraph is replaced by the following: ‘its member parties must be represented by, in at least one quarter of the Member States, members of the European Parliament, of national Parliaments, of regional parliaments or of regional assemblies, or’deleted
2017/10/31
Committee: AFCO
Amendment 39 #

2017/0219(COD)

3a. A European political party shall include in its application evidence demonstrating that its member parties have continuously published on their websites, in a comprehensive, detailed, reliable, user-friendly and accessible way, during 12 months preceding the moment at which the applications is made, the political programme and logo of the European political party as well as information, in relation to each of the member parties of the European political party, on the gender representation among the candidates at the last elections to the European Parliament and among the Members of the European Parliament.
2017/10/31
Committee: AFCO
Amendment 46 #

2017/0219(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU, Euratom) No. 1141/2014
Article 19 – paragraph 1 – indent 1
510 % shall be distributed in equal shares among the beneficiary European political parties,
2017/10/31
Committee: AFCO
Amendment 49 #

2017/0219(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU, Euratom) No. 1141/2014
Article 19 – paragraph 1 – indent 2
– 950 % shall be distributed in proportion to their share of elected members of the European Parliament among the beneficiary European political parties.
2017/10/31
Committee: AFCO
Amendment 145 #

2017/0143(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Old age pensions constitute an essential part of a retiree’s income, and for many people an adequate pension provision makes the difference between a comfortable old age or poverty; it is a precondition for exercising fundamental rights laid down in the Charter of Fundamental Rights of the European Union, including in Article 25 on the rights of the elderly which states: “The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life”; as well as the rights enshrined in the Recommendation of the Committee of Ministers to Member States on the promotion of human rights of older persons of the Council of Europe1a. _________________ 1aRecommendation CM/Rec(2014)2 of the Committee of Ministers to Member States on the promotion of human rights of older persons.
2018/05/03
Committee: IMCO
Amendment 147 #

2017/0143(COD)

Proposal for a regulation
Recital 1 b (new)
(1b) A substantial part of old age pensions is provided under public schemes, so that there is a direct connection between national pension systems and the sustainability of public finances. Notwithstanding the exclusive national competence regarding the organisation of pension systems as determined by the Treaties, income adequacy and financial sustainability of national pension systems are crucial to the stability of the Union as a whole. By channelling more of Europeans’ savings from cash and bank deposits to longer- term investment products, such as voluntary pension schemes, the impact would therefore be beneficial both for individuals (who would benefit from higher returns and improved pension adequacy) and for the broader economy.
2018/05/03
Committee: IMCO
Amendment 148 #

2017/0143(COD)

Proposal for a regulation
Recital 1 c (new)
(1c) The Union is facing several challenges, including demographic challenges because of the fact that Europe is an ageing continent. In addition, career patterns, the labour market and the distribution of wealth are undergoing radical changes, not least as a result of the digital revolution. At the same time, it is increasingly clear that national security systems are not adjusted to a globalised knowledge economy with open borders, labour mobility and migration. Too many people are not, or are inadequately covered by the traditional national pension systems, including, inter alia, women, young people, migrants, low-skilled workers, self-employed workers, workers with atypical contracts.
2018/05/03
Committee: IMCO
Amendment 149 #

2017/0143(COD)

Proposal for a regulation
Recital 1 d (new)
(1d) It is expected that the share of first pillar pay-as-you-go public pensions as part of the placement rate will decline. This could be partly compensated by accrued pension entitlements from second pillar-funded schemes. But a well- developed third pillar shall contribute substantially to improving the adequacy and sustainability of the existing national pension systems. The Pan-European Personal Pension Product (PEPP) shall therefore complement and strengthen the market for individual pension products across the Union.
2018/05/03
Committee: IMCO
Amendment 152 #

2017/0143(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Deepening the internal market for pension products, by addressing cross- border barriers, would increase competition, enabling consumers to benefit from an improved quality of products and lower prices, while producers could benefit from economies of scale. As such, even Member States where demographic trends are favourable and whose pension systems are well funded, would benefit from a more effective internal market for personal pension products.
2018/05/03
Committee: IMCO
Amendment 173 #

2017/0143(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure a high quality of service and effective consumer protection, home and host Member States should closely cooperate in the enforcement of the obligations set out in this Regulation. Where PEPP providers and distributors pursue business in different Member States under the freedom to provide services, the competent authority of the home Member State should be responsible for ensuring compliance with the obligations set out in this Regulation, because of its closer links with the PEPP provider. In order to ensure fair sharing of responsibilities between the competent authorities from the home and the host Member States, if the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory, it should inform the competent authority of the home Member State which should then be obliged to take the appropriate measures. Moreover, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.deleted
2018/05/03
Committee: IMCO
Amendment 175 #

2017/0143(COD)

Proposal for a regulation
Recital 17
(17) In the case of the establishment of a branch or a permanent presence in another Member State, it is appropriate to distribute responsibility for enforcement between home and host Member States. While responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home Member State under the same regime as in the case of provision of services, the competent authority of the host Member State should assume responsibility for enforcing the rules on information requirements and conduct of business with regard to the services provided within its territory. However, where the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory with respect to which this Directive does not confer responsibility on the host Member State, a close cooperation demands that that authority informs the competent authority of the home Member State so that the latter takes the appropriate measures. Such is the case in particular as regards breaches of the rules on good repute, professional knowledge and competence requirements. Moreover, in view of protecting consumers, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.deleted
2018/05/03
Committee: IMCO
Amendment 179 #

2017/0143(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) The pan-European nature of the PEPP product should be expressed in pan-European consumer rights and consumer protection, including in the creation of mechanisms for cross border collective complaints and compensatory redress.
2018/05/03
Committee: IMCO
Amendment 183 #

2017/0143(COD)

Proposal for a regulation
Recital 21
(21) In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply threfive years after the entry into force of this Regulation. However, upon launching a PEPP, the provider should provide information, in the contract, on which national compartments are immediately available, in order to avoid a possible misleading of consumers.
2018/05/03
Committee: IMCO
Amendment 186 #

2017/0143(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) In order to fulfil the requirement for PEPP providers to open national compartments in all Member States, they should be able to enter partnerships with other PEPP providers.
2018/05/03
Committee: IMCO
Amendment 187 #

2017/0143(COD)

Proposal for a regulation
Recital 21 b (new)
(21b) Under the transitional period of five years after the entry into force of this Regulation, when the PEPP saver changes his domicile by moving to a Member State for which the PEPP provider is not able to offer a compartment, the PEPP saver shall be able to switch PEPP provider free of charge.
2018/05/03
Committee: IMCO
Amendment 194 #

2017/0143(COD)

Proposal for a regulation
Recital 24
(24) In order to ensure optimal product transparency, PEPP manufacturproviders should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs. _________________ 33Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.
2018/05/03
Committee: IMCO
Amendment 197 #

2017/0143(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) A Union pension tracker, enabling citizens to calculate their accumulated pension capital and accrued pension entitlements, so as to have a complete overview, should be developed as a matter of urgency, alongside the development of products like PEPP.
2018/05/03
Committee: IMCO
Amendment 199 #

2017/0143(COD)

Proposal for a regulation
Recital 27
(27) The details of the information to be included in the PEPP key information document in addition to elements already provided for in the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 and the presentation of this information should be further harmonised through regulatory technical standards that complement the regulatory technical standards laid down by Commission delegated Regulation of 8 March 201734, taking into account existing and ongoing research into consumer behaviour, including results from testing the effectiveness of different ways of presenting information with consumers. _________________ 34 Commission Delegated Regulation of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents.deleted
2018/05/03
Committee: IMCO
Amendment 206 #

2017/0143(COD)

Proposal for a regulation
Recital 30
(30) PEPP providers should inform PEPP savers sufficiently in advance before retirement about their pay-out options and such savers should, as a minimum, be reminded about their payout options one year prior to retirement. Where the retirement benefit is not paid out as a lifetime annuity, members approaching retirement should receive information about the benefit payment products available, in order to facilitate financial planning for retirement.
2018/05/03
Committee: IMCO
Amendment 232 #

2017/0143(COD)

Proposal for a regulation
Recital 44
(44) The Commission should adopt draft implementing technical standards developed by the ESAs, through the Joint Committee, with regard to the presentation and the content of specific elements the PEPP key information document not covered by the [PRIIPs KID RTS] in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council35, of Regulation (EU) No 1094/2010 of the European Parliament and of the Council36 and of Regulation (EU) No 1095/2010 of the European Parliament and of the Council37. The Commission should complement the technical work of the ESAs by conducting consumer tests of the presentation of the key information document as proposed by the ESAs. _________________ 35Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12). 36Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48). 37Regulation (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).deleted
2018/05/03
Committee: IMCO
Amendment 233 #

2017/0143(COD)

Proposal for a regulation
Recital 46
(46) With a view to establishing an efficient and effective dispute resolution procedure, PEPP providers and distributors should put in place an effective complaints procedure that can be followed by their customers before the dispute is referred to be resolved in an ADR procedure or before a court. The complaints procedure should contain short and clearly defined timeframes within which the PEPP provider or distributor should reply to a complaint. ADR entities should have sufficient capacity to engage in an adequate and efficient way in cross-border cooperation with regard to disputes concerning rights and obligations pursuant to this Regulation.deleted
2018/05/03
Committee: IMCO
Amendment 247 #

2017/0143(COD)

Proposal for a regulation
Recital 56
(56) Although the ongoing supervision of PEPP providers is to be exercised by the respective competent national authorities, EIOPA should coordinate the supervision with regards to PEPPs, in order to guarantee the consistent application of a unified supervisory methodology, contributing in this way to the pane- European nature of the pension product.
2018/05/03
Committee: IMCO
Amendment 248 #

2017/0143(COD)

Proposal for a regulation
Recital 56 a (new)
(56a) In order to strengthen consumer rights and to facilitate access to a complaints procedure, PEPP savers should be able, either individually or collectively, to submit complaints through their own national competent authority, by way of “one stop shop”. The competent authority where the complaint was submitted should be responsible for the further steps in the complaints procedure.
2018/05/03
Committee: IMCO
Amendment 250 #

2017/0143(COD)

Proposal for a regulation
Recital 57
(57) EIOPA should cooperate with national competent authorities and facilitate cooperation and consistency between them. In this respect, EIOPA should play a role in the power of competent national authorities to apply supervisory measures by providing evidence about PEPP-related infringements. EIOPA should also provide binding mediation in the event of disagreement between competent authorities in cross-border situations.
2018/05/03
Committee: IMCO
Amendment 252 #

2017/0143(COD)

Proposal for a regulation
Recital 64 a (new)
(64a) Given the pan-European nature of PEPP and the provision of PEPP, cross- border mechanisms for collective compensatory redress for consumers should equally be available.
2018/05/03
Committee: IMCO
Amendment 253 #

2017/0143(COD)

(66) Any processing of personal data carried out within the framework of this Regulation, such as the exchange or transmission of personal data by the competent authorities should be undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council39 and a, the storage of personal data in the central register held by EIOPA, the processing of personal data by PEPP providers or PEPP distributors should be undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council2a, Directive (EU)2016/680 of the European Parliament and of the Council2b and a Regulation on the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications). Any exchange or transmission of information by the ESAs should be undertaken in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council402c. _________________ 392aRegulation (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). 402bDirective (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 2cRegulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
2018/05/03
Committee: IMCO
Amendment 254 #

2017/0143(COD)

Proposal for a regulation
Recital 66 a (new)
(66a) Given the sensitivity of personal financial data, strong data protection is of the utmost importance. Therefore it is recommended that data protection authorities are closely involved in the implementation and supervision of this Regulation.
2018/05/03
Committee: IMCO
Amendment 259 #

2017/0143(COD)

Proposal for a regulation
Recital 70 a (new)
(70a) Given the possible long term implications of this Regulation, it is essential to closely monitor the developments during the initial phase of application. A panel of stakeholders and experts should be set up for the purpose of monitoring on an ongoing basis all relevant aspects of PEPP, and report to the European Parliament, the Council and the Commission any observations it might have.
2018/05/03
Committee: IMCO
Amendment 266 #

2017/0143(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) “pan-European Personal Pension Product (PEPP)” means a long-term savings personal pension product, which is provided under an agreed PEPP scheme by a regulated financial undertaking as listed in Article 5, authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver in view of retirement, with no or strictly limited redeemability;
2018/05/03
Committee: IMCO
Amendment 270 #

2017/0143(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13a) “lump sum” means the full payment of the accumulated pension capital at the end of the accumulation phase;
2018/05/03
Committee: IMCO
Amendment 280 #

2017/0143(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
(28a) ´compartment partnership´ means a collaboration between several PEPP providers in order to provide compartments in all Member States.
2018/05/03
Committee: IMCO
Amendment 319 #

2017/0143(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Before taking a decision on the application, EIOPA shall consult the competent authority of the applicant to verify if there are objections to granting the application.
2018/05/03
Committee: IMCO
Amendment 333 #

2017/0143(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Existing personal pension products may be converted into “PEPPs” following authorisation by EIOPA. In such cases, the consent of consumers shall be required.
2018/05/03
Committee: IMCO
Amendment 342 #

2017/0143(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the same PEPP and shall have the right to simultaneously save in more than one compartment.
2018/05/03
Committee: IMCO
Amendment 343 #

2017/0143(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. In case of using the portability service, PEPP savers are entitled to retain all advantages and incentives granted by the PEPP provider and connected with continuous investment in the sameits PEPP.
2018/05/03
Committee: IMCO
Amendment 345 #

2017/0143(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. PEPP savers shall have the right to acquire or purchase PEPPs in another Member State than the Member State of their domicile.
2018/05/03
Committee: IMCO
Amendment 347 #

2017/0143(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. During the transitional period as referred to in paragraph 3, PEPP savers shall be able to switch PEPP provider free of charge, if they move to a Member State where there is not yet a compartment for their PEPP.
2018/05/03
Committee: IMCO
Amendment 349 #

2017/0143(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available, either from the PEPP provider or from a registered partner.
2018/05/03
Committee: IMCO
Amendment 351 #

2017/0143(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. ThreFive years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider.
2018/05/03
Committee: IMCO
Amendment 357 #

2017/0143(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
PEPP providers may enter a compartment partnership with other PEPP providers in order to open compartments in all Member States.
2018/05/03
Committee: IMCO
Amendment 359 #

2017/0143(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver’s intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open a new compartment within the PEPP saver’s individual account and about the deadline within which suchPEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, either by transferral or addition, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP of the Member State where the compartment couldshall be opened.
2018/05/03
Committee: IMCO
Amendment 364 #

2017/0143(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
(aa) whether the mobility concerns a transferral or an addition;
2018/05/03
Committee: IMCO
Amendment 365 #

2017/0143(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) the date from which the investments should be directed to the newly-opened compartment in case of transferral;
2018/05/03
Committee: IMCO
Amendment 373 #

2017/0143(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. All contractual arrangements for providing the portability service shall be notified by the PEPP provider to the respective national authority exercising prudential supervision over itEIOPA.
2018/05/03
Committee: IMCO
Amendment 376 #

2017/0143(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opeEIOPA within one month of opening the new compartment. The database shall be accessible to the national competent authorities, who shall automatically receive information concerning the newlocal compartment ands in the case of any changes. The database shall contain at least:
2018/05/03
Committee: IMCO
Amendment 379 #

2017/0143(COD)

Proposal for a regulation
Chapter 4 – title
DISTRIBUTION AND INFORMATION REQUIREMECONSUMER RIGHTS AND COMPLAINTS
2018/05/03
Committee: IMCO
Amendment 391 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The PEPP providers and PEPP distributors shall comply with Articles 5(2), and 6 to 18 of Regulation (EU) No 1286/2014key information document shall constitute pre-contractual information. It shall be accurate, fair, clear and not misleading. It shall provide key information and shall be consistent with any binding contractual documents, with the relevant parts of the offer documents and with the terms and conditions of the PEPP.
2018/05/03
Committee: IMCO
Amendment 395 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – introductory part
3. In addition to the information set out in Article 8(3)(c) of Regulation (EU) No 1286/2014, the section titled “What is this product?” shall contain the followingThe PEPP key information document shall be a stand-alone document, clearly separate from marketing materials. It shall not contain cross-references to marketing material. It may contain cross-references to other documents including a prospectus where applicable, and only where the cross- reference is related to the information required to be included in the PEPP key information: document.
2018/05/03
Committee: IMCO
Amendment 396 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point i
(i) a description of the retirement benefits and the extent to which they are guaranteed;deleted
2018/05/03
Committee: IMCO
Amendment 398 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point ii
(ii) any minimum or maximum period for belonging to the PEPP scheme;deleted
2018/05/03
Committee: IMCO
Amendment 399 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point iii
(iii) the retirement age;deleted
2018/05/03
Committee: IMCO
Amendment 401 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point iv
(iv) general information on the portability service, including information on the compartments;deleted
2018/05/03
Committee: IMCO
Amendment 403 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point v
(v) general information on the switching service, and a reference to the specific information about the switching service available under Article 50;deleted
2018/05/03
Committee: IMCO
Amendment 405 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point vi
(vi) available information related to the performance of the investment policy in terms of environmental, social and governance factors;deleted
2018/05/03
Committee: IMCO
Amendment 407 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point vii
(vii) the law applicable to the PEPP contract where the parties do not have a free choice of law or, where the parties are free to choose the applicable law, the law that the PEPP provider proposes to choose.deleted
2018/05/03
Committee: IMCO
Amendment 409 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this informationNotwithstanding paragraph 3, where a PEPP offers the PEPP saver a range of options for investments, such that all information with regard to each underlying investment option cannot be provided within a single, concise stand- alone document, the PEPP key information document shall provide at least a generic description of the underlying investment options and state where and how more detailed pre- contractual information documentation relating to the investment products backing the underlying investment options can be found.
2018/05/03
Committee: IMCO
Amendment 411 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. Potential PEPP savers shall also be providedThe PEPP key information document shall be drawn up as a short document writh information on the past performance of investments related to the PEPP scheme covering a minimum of five years, or, whten in a concise manner and shall consist of a maximum of three sides of A4-sized paper when printed, which promotes comparability, and, when delivered using a durable medium other than paper, may be layered to considere the scheme has been operating for fewer than five years, covering all the years that the scheme has been operating, as well aspracticality of the PEPP key information document. The information referred to in the first subparagraph shall: (a) be presented and laid out in a way that is easy to read, using characters of readable size; (b) focus on the key information that PEPP savers need; (c) be clearly expressed and writh information on the structure of costs borne by PEPP savers and PEPP beneficiariesten in language and a style that communicate in a way that facilitates the understanding of the information, in particular, in language that is clear, succinct and comprehensible.
2018/05/03
Committee: IMCO
Amendment 415 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 5 a (new)
5a. Where colours are used in the PEPP key information document, they shall not diminish the comprehensibility of the information if the PEPP key information document is printed or photocopied in black and white.
2018/05/03
Committee: IMCO
Amendment 416 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 5 b (new)
5b. Where the corporate branding or logo of the PEPP provider or the group to which it belongs is used in the PEPP key information document, it shall not distract the PEPP saver from the information contained in the document or obscure the text.
2018/05/03
Committee: IMCO
Amendment 417 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 5 c (new)
5c. In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with a summary of and references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to that information.
2018/05/03
Committee: IMCO
Amendment 419 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
In order to ensure consistent application of this Article, the European Supervisory Authorities (European Banking Authority, European Securities and Markets Authority and EIOPA) ("ESAs") shall, through the Joint Committee of the ESAs, develop draft implementingregulatory technical standards specifying the details of the presentation and the content of each of the elements of information referred to in paragraphs 34, 5 and 4,5d together with the requirements needed to present that information in a standardised and accessible format allowing for easy comparison.
2018/05/03
Committee: IMCO
Amendment 420 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 2
When developing the draft implementingregulatory technical standards the ESAs shall take into account the various types of PEPPs, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPs so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.
2018/05/03
Committee: IMCO
Amendment 421 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 3
The ESAs shall submit those draft implementingregulatory technical standards to the Commission by … six months after publication.
2018/05/03
Committee: IMCO
Amendment 422 #

2017/0143(COD)

Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 4
Power is conferred on the Commission to adopt implementingregulatory technical standards referred to in the first subparagraph in accordance with Article 150 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
2018/05/03
Committee: IMCO
Amendment 425 #

2017/0143(COD)

Proposal for a regulation
Article 23 a (new)
Article 23a Language of the PEPP key information document 1. The PEPP key information document shall be written in the official languages, or in one of the official languages, used in the part of the Member State where the PEPP is distributed, or in another language accepted by the competent authorities of that Member State, or, where it has been written in a different language, it shall be translated into one of these languages. The translation shall faithfully and accurately reflect the content of the original PEPP key information document. 2. If a PEPP is promoted in a Member State through marketing documents written in one or more official languages of that Member State, the PEPP key information document shall be written in at least the corresponding official languages. 3. The PEPP key information document shall be made available upon request in an appropriate format to PEPP savers with a visual or hearing impairment as well as for low literate and illiterate PEPP savers.
2018/05/03
Committee: IMCO
Amendment 426 #

2017/0143(COD)

Proposal for a regulation
Article 23 b (new)
Article 23b Information in the PEPP key information document 1. The title 'PEPP key information document' shall appear prominently at the top of the first page of the PEPP key information document. The PEPP key information document shall be presented in the sequence laid down in paragraphs 2 and 3. 2. An explanatory statement shall appear directly underneath the title of the PEPP key information document. It shall read: ‘This document provides you with key information about this pension product. It is not marketing material. The information is required by law to help you understand the nature, risks, costs, potential gains and losses of this product and to help you compare it with other products. 3. The PEPP key information document shall contain the following information: (a) at the beginning of the document, the name of the PEPP and whether it is a basic PEPP, the identity and contact details of the PEPP provider, information about the competent authority of the PEPP provider and the date of the document; (b) where applicable, a comprehension alert which shall read: ‘You are about to purchase a product that is not simple and may be difficult to understand.’; (c) under a section titled ‘What is this product and what happens when I retire?’, the nature and main features of the PEPP, including: (i) – any minimum or maximum period for belonging to the PEPP scheme; – the legal information about the retirement age of the Member State which law is applicable; – the Member States in which the provider offers a PEPP; – the investment options, including the basic option; – information on the portability service; – information related to the performance of the investment policy of the PEPP in terms of environmental, social and governance factors; – description of the retirement benefits and the extent to which they are guaranteed and the way of out-payment, including a description of the decumulation options and a statement that it may be prudent to consider advice on options before retirement; – information on any impact the timing of retirement may have on the risks and retirement benefits for the PEPP. – and a description of decumulation options and a statement that it may be prudent to consider advice on options before retirement; (ii) the objective of retirement and the means for achieving an optimal result for the PEPP saver, in particular whether the objective is achieved by means of direct or indirect exposure to the underlying investment assets, including a description of the underlying instruments or reference values, a specification of the markets the PEPP invests in and, where applicable, specific environmental or social objectives targeted by the product, as well as how the return is determined; (iii) a description of the type of pension saver to whom the PEPP is intended to be marketed, in particular in terms of the ability to bear investment loss and the investment horizon; (iv) where the PEPP offers insurance benefits, details of those insurance benefits, including the circumstances that would trigger them; (v) the term of the PEPP, if known; (d) under a section titled ‘What are the risks and what could I get in return?’, a brief description of the risk-reward profile comprising the following elements: (i) a summary risk indicator, supplemented by a narrative explanation of that indicator, its main limitations and a narrative explanation of the risks which are materially relevant to the PEPP and which are not adequately captured by the summary risk indicator; (ii) the possible maximum loss of invested capital, including, information on: – whether the PEPP saver can lose all invested capital, or – whether the PEPP saver bears the risk of incurring additional financial commitments or obligations, including contingent liabilities in addition to the capital invested in the PEPP, and – where applicable, whether the PEPP includes capital protection against market risk, and the details of its cover and limitations, in particular with respect to the timing of when it applies; (iii) appropriate performance scenarios, and the assumptions made to produce them; (iv) where applicable, information on conditions for returns to PEPP savers or built-in performance caps; (v) a statement that the tax legislation of the PEPP saver’s home Member State may have an impact on the actual pay- out; (e) under a section titled ‘What happens if [the name of the PEPP provider] is unable to pay out?’, a brief description of whether the related loss is covered by an investor compensation or guarantee scheme and if so, which scheme it is, the name of the guarantor and which risks are covered by the scheme and which are not; (f) under a section titled ‘What are the costs?’, the costs associated with an investment in the PEPP, comprising both direct and indirect costs to be borne by the PEPP saver, including one-off and recurring costs, presented by means of summary indicators of these costs and, to ensure comparability, total aggregate costs expressed in monetary and percentage terms, to show the compound effects of the total costs on the investment. The PEPP key information document shall include a clear indication that advisors, distributors or any other person advising on, or selling, the PEPP will provide information detailing any cost of distribution that is not already included in the costs specified above, so as to enable the PEPP savers to understand the cumulative effect that these aggregate costs have on the return of the investment; (g) under a section titled ‘How long should I hold it and can I take money out early?’ (i) where applicable, whether there is a cooling off period or cancellation period for the PEPP; (ii) an indication of the recommended and, where applicable, required minimum holding period; (iii) the ability to make, and the conditions for, any disinvestments before maturity, including all applicable fees and penalties, having regard to the risk and reward profile of the PEPP and the market evolution it targets; (iv) information about the potential consequences of cashing in before the end of the term or recommended holding period, such as the loss of capital protection or additional contingent fees; (h) under a section titled ‘How can I complain?’, information about how and to whom a PEPP saver can make a complaint about the product or the conduct of the PEPP provider or a person advising on, or selling, the product; (i) under a section titled ‘Other relevant information’, a brief indication of any additional information documents to be provided to the PEPP saver at the pre-contractual and/or the post- contractual stage, excluding any marketing material. 4. Layering of the information required under paragraph 3 shall be permitted, whereby detailed parts of the information can be presented through pop-ups or through links to accompanying layers, so as to ensure the PEPP key information document is able to fulfil the obligation regarding its length set out in Article 23(5). 5. In order to ensure consistent application of this Article, the ESAs shall, through the Joint Committee of the ESAs, develop draft regulatory technical standards: (a) specifying the details of the presentation and the content of each of the elements of information referred to in Article 23 together with the requirements needed to present that information in a standardised format allowing for comparison; (b) specifying the calculation methodologies necessary for the information under paragraph 3.d.(i), 3.d.(iii) and 3.f; (c) specifying, where layering of information is permitted, which of the information should be in the core presentation, and which information is provided in the additional layers of detail. When developing the draft regulatory technical standards the ESAs shall take into account the various types of PEPPs, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPs so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future. The ESAs shall submit those draft regulatory technical standards to the Commission by ... [xxx after the date of entry into force of this Regulation]Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation(EU) No 1095/2010.
2018/05/03
Committee: IMCO
Amendment 428 #

2017/0143(COD)

Proposal for a regulation
Article 23 c (new)
Article 23c Marketing communication Marketing communications that contain specific information relating to the PEPP shall not include any statement that contradicts the information contained in the PEPP key information document or diminishes the significance of the PEPP key information document. Marketing communications shall indicate that a PEPP key information document is available and supply information on how and from where to obtain it, including the PEPP provider's website.
2018/05/03
Committee: IMCO
Amendment 429 #

2017/0143(COD)

Proposal for a regulation
Article 23 d (new)
Article 23d PEPP key information document revision 1. The PEPP provider shall review the information contained in the PEPP key information document regularly and shall revise the document where the review indicates that changes need to be made. The revised version shall be made available promptly. 2. In order to ensure consistent application of this Article, the ESAs shall, through the Joint Committee, develop draft regulatory technical standards specifying: (a) the conditions for reviewing the information contained in the key information document; (b) the conditions under which the key information document must be revised; (c) the specific conditions under which information contained in the key information document must be reviewed or the key information document revised where a PEPP is made available to PEPP savers in a non-continuous manner; (d) the circumstances in which PEPP savers are to be informed about a revised key information document for a PEPP purchased by them, as well as the means by which the PEPP savers are to be informed. The ESAs shall submit those draft regulatory technical standards to the Commission by ... [xxx after the date of entry into force of this Regulation] Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
2018/05/03
Committee: IMCO
Amendment 430 #

2017/0143(COD)

Proposal for a regulation
Article 23 e (new)
Article 23e Civil liability 1. The PEPP provider shall not incur civil liability solely on the basis of the PEPP key information document, including any translation thereof, unless it is misleading, inaccurate or inconsistent with the relevant parts of legally binding pre-contractual and contractual documents or with the requirements laid down in Article 23. 2. A PEPP saver who demonstrates loss resulting from reliance on a PEPP key information document under the circumstances referred to in paragraph 1, when making an investment into the PEPP for which that PEPP key information document was produced, may claim damages from the PEPP provider for that loss in accordance with national law. 3. Elements such as ‘loss’ or ‘damages’ as referred to in paragraph 2 which are not defined shall be interpreted and applied in accordance with the applicable national law as determined by the relevant rules of private international law. 4. This Article does not exclude further civil liability claims in accordance with national law. 5. The obligations under this Article shall not be limited or waived by contractual clauses.
2018/05/03
Committee: IMCO
Amendment 431 #

2017/0143(COD)

Proposal for a regulation
Article 23 f (new)
Article 23f Insurance elements Where the PEPP key information document concerns an insurance contract, the insurance undertakings' obligations are only towards the policyholder of the insurance contract and not towards the beneficiary of the insurance contract.
2018/05/03
Committee: IMCO
Amendment 432 #

2017/0143(COD)

Proposal for a regulation
Article 23 g (new)
Article 23g Disclosure of information to PEPP savers related to distribution 1. A sufficient time before the conclusion of a PEPP-related contract, PEPP providers, and PEPP distributors shall provide PEPP savers or potential PEPP savers with at least the following information: (a) whether it has a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in a given PEPP provider; (b) in relation to the contracts proposed or advised upon, whether: (i) a PEPP provider or parent undertaking of a PEPP provider has a holding, direct or indirect, representing 10 % or more of the voting rights or of the capital in the PEPP intermediary or distributor; (ii) it gives advice on the basis of a fair and personal analysis; (iii) it is under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers, in which case it is to provide the names of those PEPP providers; or (iv) it is not under a contractual obligation to conduct distribution business exclusively with one or more PEPP providers and does not give advice on the basis of a fair and personal analysis, in which case it is to provide the names of the PEPP providers with which it may and does conduct business; (c) the nature of the remuneration received in relation to the contract; (d) whether in relation to the contract, it works: (i) on the basis of a fee, that is the remuneration paid directly by the PEPP saver; (ii) on the basis of a commission of any kind, that is the remuneration included in the costs and charges of the distribution of the PEPP; (iii) on the basis of any other type of remuneration, including an economic benefit of any kind offered or given in connection with the contract; or (iv) on the basis of a combination of any type of remuneration set out in points (i), (ii) and (iii). 2. Where the fee is payable directly by the PEPP saver, the PEPP distributor shall inform the PEPP saver of the amount of the fee or, where that is not possible, of the method for calculating the fee. 3. If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP distributor shall also make the disclosures in accordance with this Article for each such payment. 4. Member States shall ensure that in good time before the conclusion of a contract, a PEPP provider communicates to the PEPP saver the nature of the remuneration received by its employees in relation to the contract. 5. If any payments, other than the scheduled payments, are made by the PEPP saver under the contract after its conclusion, the PEPP provider shall also make the disclosures in accordance with this Article for each such payment. 6. Appropriate information shall be provided, a sufficient time prior to the conclusion of a contract, to PEPP savers or potential PEPP savers with regard to the distribution of the PEPP, and with regard to all costs and related charges. That information shall include at least the following: (a) when advice is provided, whether the PEPP intermediary or distributor will provide the PEPP savers with a periodic assessment of the suitability of the PEPP recommended to that PEPP savers ; (b) as regards the information on all costs and related charges to be disclosed, information relating to the distribution of the PEPP, including the cost of advice, where relevant, the cost of the PEPP recommended or marketed to the PEPP saver and how the PEPP saver may pay for it, also encompassing any third party payments in accordance with Article 32(1)(e)(ii). 7. The information referred to in paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks concerning the PEPP offered and, consequently, to take investment decisions on an informed basis. 8. The Commission shall adopt delegated acts in accordance with Article 62 in order to specify: (a) the conditions under which the information must comply in order to be fair, clear and not misleading, including the criteria on which the standardised format referred to in paragraph 7 shall be based (b) the details about content and format of information to PEPP savers in relation to PEPP providers, intermediaries and PEPP distributors and costs and charges.
2018/05/03
Committee: IMCO
Amendment 433 #

2017/0143(COD)

Proposal for a regulation
Article 24
1. of a PEPP-related contract, PEPP providers or distributors referred to in Article 19(c) of this Regulation shall provide PEPP savers or potential PEPP savers with at least theArticle 24 deleted Disclosure of information in relation to the PEPP contract and themselves set out in Article 19 and in points (a) and (c) of the first subparagraph of Article 29(1) of Directive (EU) 2016/97 in relation to insurance contracts and insurance intermediaries. 2. paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks concerning the PEPP offered and, consequently, to take investment decisions on an informed basis. 3. empowered to adopt delegated acts in accordance with Article 62 in order to specify the criteria on which the standardised format referred to in paragraph 2ed to distribution In good time before the conclusion The information referred to in this The Commission shall be based.
2018/05/03
Committee: IMCO
Amendment 436 #

2017/0143(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Specification of demands and needs and assessment of suitability 1. Prior to the conclusion of a PEPP- related contract, the PEPP provider or PEPP distributor shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision. Any contract proposed shall be consistent with the PEPP saver’s retirement-related demands and needs. 2. Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or PEPP distributor shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP saver’s demands and needs. 3. Where a PEPP provider or PEPP distributor informs the PEPP saver that it gives its advice on an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs and also contain factors that may pose a risk for the PEPP saver. 4. When providing advice at any stage during the contract, the PEPP provider shall obtain the necessary information regarding the PEPP saver’s knowledge and experience in the investment field relevant to the PEPP, that person’s financial situation including his or her ability to bear losses, and his or her investment objectives including his or her risk tolerance so as to enable the PEPP provider, intermediary or distributor to recommend to the PEPP saver or potential PEPP saver the PEPP that is suitable for him or her and, in particular, is in accordance with his or her risk tolerance and ability to bear losses. 5. PEPP providers and PEPP distributors shall ensure and demonstrate to competent authorities on request that natural persons giving advice on PEPPs possess the necessary knowledge and competence to fulfil their obligations under this Regulation. Member States shall publish the criteria to be used for assessing such knowledge and competence. 6. EIOPA shall issue by ... [xxx after the date of entry into force of this Regulation] guidelines specifying criteria for the assessment of knowledge and competence required under paragraph 5. Those guidelines shall be adopted in accordance with Article 16 of Regulation (EU) No 1094/2010.
2018/05/03
Committee: IMCO
Amendment 438 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision. Any contract proposed shall be consistent with the PEPP saver’s retirement-related demands and needs.
2018/05/03
Committee: IMCO
Amendment 443 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs.
2018/05/03
Committee: IMCO
Amendment 446 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. When providing advice on PEPPs, there a PEPP provider or PEPP distributor referred to in Artinforms the PEPP saver that it gives its advicle 19(c) of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those ruleson an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs and also contain factors that may pose a risk for the PEPP saver.
2018/05/03
Committee: IMCO
Amendment 447 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. Where a PEPP provider or distributor referred to in Article 19(c) of this Regulation informsn providing advice at any stage during the contract, the PEPP savprovider tshat it gives its advice on an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendll obtain the necessary information regarding the PEPP saver’s knowledge and experience in the investment field relevant to the PEPP, that person’s financial situation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs. Such advice must not be limited to PEPP-related contracts provided bycluding his or her ability to bear losses, and his or her investment objectives including his or her risk tolerance so as to enable the PEPP provider, intermediary or distributor itself, by entities having close links with the PEPP provider or distributor or by other entities with which the PEPP provider or distributor has close legal or economic relationships, including contractual relationships, as to pose a risk of impairing the independent basis of the advice providedto recommend to the PEPP saver or potential PEPP saver the PEPP that is suitable for him or her and, in particular, is in accordance with his or her risk tolerance and ability to bear losses.
2018/05/03
Committee: IMCO
Amendment 449 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 5
5. PEPP providers and distributors referred to in Article 19(c) of this Regulation shall ensure and demonstrate to competent authorities on request that natural persons giving advice on PEPPs possess the necessary knowledge and competence to fulfil their obligations under this ChapterRegulation. Member States shall publish the criteria to be used for assessing such knowledge and competence.
2018/05/03
Committee: IMCO
Amendment 451 #

2017/0143(COD)

Proposal for a regulation
Article 25 – paragraph 5 a (new)
5a. EIOPA shall issue by ... [xxx after the date of entry into force of this Regulation] guidelines specifying criteria for the assessment of knowledge and competence required under paragraph 5. Those guidelines shall be adopted in accordance with Article 16 of Regulation (EU) No 1094/2010.
2018/05/03
Committee: IMCO
Amendment 452 #

2017/0143(COD)

5b. The information contained in the PEPP Benefit Statement shall be accurate, updated and made available to each PEPP saver free of charge through electronic means, including on a durable medium or by means of a website, or on paper, at least annually. A paper copy shall be provided to PEPP savers on request in addition to any information through electronic means.
2018/05/03
Committee: IMCO
Amendment 465 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers which shall be provided annually:
2018/05/03
Committee: IMCO
Amendment 482 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) the Member State in which the PEPP provider is authorised or registered and the nameclear indication of the statutory retirement age of the PEPP saver, the retirement age laid down in the pension scheme or estimated by the PEPP provider, ofr the competent authorityretirement age set by the PEPP saver, as applicable;
2018/05/03
Committee: IMCO
Amendment 484 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point c
(c) wthere applicable, information on full or partial guarantees under the PEPP scheme and if relevant, the nature of the guarantee and mechanisms protecting accrued individual entitlements name of the PEPP provider and its contact address and identification of the PEPP scheme of the PEPP saver;
2018/05/03
Committee: IMCO
Amendment 486 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point d
(d) information on the past performancepension benefit projections based ofn the PEPP scheme as a wretirement age as specified in point (b), and a disclaimer that tholse or, where relevant, of the PEPP saver's investment option presentprojections may differ from the final value of the benefits received. If the pension benefit projections are based ion a ceconomic scenarios, thart covering performance for any years available and up to the last ten yearsinformation shall also include a best estimate scenario and an unfavourable scenario, taking into consideration the specific nature of the PEPP scheme;
2018/05/03
Committee: IMCO
Amendment 489 #

2017/0143(COD)

(e) a breakdowinformation ofn the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeepingaccrued pension entitlements ofr assets, costs related to portfolio transactions and other costs, as well as an estimccumulated pension capital taking into consideration of the impact of the costs on the final benefits.specific nature of the PEPP scheme;
2018/05/03
Committee: IMCO
Amendment 491 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
(ea) information on the contributions paid by any third party and the PEPP saver into the PEPP scheme, at least over the last 12 months, taking into consideration the specific nature of the PEPP scheme;
2018/05/03
Committee: IMCO
Amendment 493 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e b (new)
(eb) information on the past performance of the PEPP scheme as a whole or, where relevant, of the PEPP saver's investment option presented in a chart covering performance for any years available;
2018/05/03
Committee: IMCO
Amendment 494 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e c (new)
(ec) a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits;
2018/05/03
Committee: IMCO
Amendment 495 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e d (new)
(ed) information on the funding level of the PEPP scheme as a whole.
2018/05/03
Committee: IMCO
Amendment 496 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 62 setting out rules to determine the assumptions on pension benefit projections referred to in point (a) of paragraph 1. Those rules shall be applied by PEPP providers to determine, where relevant, the annual rate of nominal investment returns, the annual rate of inflation and the trend of future wagesPension Benefit Statement shall specify where and how to obtain supplementary information including: further practical information about the PEPP savers options provided under the PEPP scheme.
2018/05/03
Committee: IMCO
Amendment 498 #

2017/0143(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. In accordance with Article 55, Member States shall exchange best practices with regard to the format and the content of the PEPP Benefit Statement. The Commission shall, in consultation with the European Central Bank, EIOPA and national supervisors, adopt a delegated act in accordance with Article 62 setting out rules to determine the assumptions on pension benefit projections referred to in point (a), the presentation of past performance referred in point (eb) and the presentation of costs referred to in point (ec) of paragraph 1. Those rules shall be applied by PEPP providers to determine, where relevant, the annual rate of nominal investment returns, the annual rate of inflation and the trend of future wages.
2018/05/03
Committee: IMCO
Amendment 499 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) further practical information as set out in Article 40, paragraph 1(a) of Directive 2016/2341/EUbout the PEPP savers options provided under the PEPP;
2018/05/03
Committee: IMCO
Amendment 500 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
(aa) For PEPP schemes where PEPP savers bear investment risk and where an investment option is imposed on the PEPP saver by a specific rule specified in the PEPP scheme, the PEPP Benefit Statement shall indicate where additional information is available.
2018/05/03
Committee: IMCO
Amendment 503 #

2017/0143(COD)

2a. The information shall be made easily available through electronic means and free of charge.
2018/05/03
Committee: IMCO
Amendment 504 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 2 b (new)
2b. At the request of a PEPP saver or a PEPP beneficiary or their representatives, the PEPP provider shall provide the following additional information: (a) the annual accounts and the annual reports referred to in point (b) of Article 29(1)or, where a PEPP provider is responsible for more than one PEPP scheme, the accounts and reports relating to their particular PEPP scheme; (b) the statement of investment-policy principles, referred to in point (c) of Article 29(1); (c) any further information about the assumptions used to generate the projections referred to in point (d) of Article (1).
2018/05/03
Committee: IMCO
Amendment 506 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
EIOPA, after consulting national authorities and after consumer testingorganisations, shall develop draft implementing technical standards specifying the details of the presentation of the information referred to in Article 28 and in this Article.
2018/05/03
Committee: IMCO
Amendment 507 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
The information shall be made easily available through electronic means and free of charge.
2018/05/03
Committee: IMCO
Amendment 508 #

2017/0143(COD)

Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9six months after the entry into force of the Regulation]. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010.
2018/05/03
Committee: IMCO
Amendment 509 #

2017/0143(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. PEPP savers shall receive information during the pre-retirement phase as set out in Article 42 of Directive 2016/2341/EU. Advice one year prior to the retirement phase shall be mandatory.
2018/05/03
Committee: IMCO
Amendment 512 #

2017/0143(COD)

Proposal for a regulation
Article 31
Additional information to be given on request to PEPP savers and PEPP At the request of a PEPP saver or a PEPP beneficiary or their representatives, the PEPP provider shall provide the following additional information: (a) annual reports referred to in point (b) of Article 29(1) or, where a PEPP provider is responsible for more than one PEPP scheme, the accounts and reports relating to their particular PEPP scheme; (b) principles, referred to in point (c) of Article 29(1); (c) assumptions used to generate the projections referred to in point (a) of Article 28(1).rticle 31 deleted beneficiaries the annual accounts and the the statement of investment-policy any further information about the
2018/05/03
Committee: IMCO
Amendment 545 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
The Commission shall be empoweruse of risk-mitigation techniques shall ensure that the investment strategy for the PEPP is designed tso adopt a delegated act in accordance with Article 62 specifyings to build up a stable and adequate individual future retirement income from the PEPP and to ensure a fair treatment of all generations of PEPP savers. The applicable risk- mitigation techniques shall include provisions (ba) or (bb), or a combination thereof, and may be complemented by provisions set out in (bc):
2018/05/03
Committee: IMCO
Amendment 546 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point a
(a) the risk-mitigation technique to ensure capital protection under the default investment option;deleted
2018/05/03
Committee: IMCO
Amendment 547 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point b
(b) the risk-mitigation techniques to be applied for the alternative investment options.deleted
2018/05/03
Committee: IMCO
Amendment 548 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point b a (new)
(ba) provisions for gradually adapting the investment allocation to mitigate the financial risks of investments for cohorts corresponding to the remaining duration;
2018/05/03
Committee: IMCO
Amendment 549 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point b b (new)
(bb) provisions establishing reserves from contributions or investment returns, which shall be allocated to PEPP savers in a fair and transparent manner, to mitigate investment losses;
2018/05/03
Committee: IMCO
Amendment 550 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point b c (new)
(bc) provisions for using appropriate financial guarantees to protect against investment losses.
2018/05/03
Committee: IMCO
Amendment 551 #

2017/0143(COD)

Proposal for a regulation
Article 39 – paragraph 1 a (new)
In order to establish criteria for effective risk-mitigation techniques that can be applied in a consistent manner, EIOPA shall develop draft regulatory technical standards specifying the details of the provisions for the risk-mitigation techniques. EIOPA shall submit those draft regulatory technical standards to the Commission by … [xxx after the date of entry into force of this Regulation]. Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1094/2010.
2018/05/03
Committee: IMCO
Amendment 552 #

2017/0143(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. In accordance with Article 3(b), the PEPPUnless specified in this Regulation, the conditions related to the accumulation phase of the PEPP shall be determined by Member States unless they are specified in this Regulation., and shall be no less favourable than, applicable national rules;
2018/05/03
Committee: IMCO
Amendment 553 #

2017/0143(COD)

Proposal for a regulation
Article 40 – paragraph 2
2. Such conditions may include in particular age limits for starting the accumulation phase, minimum duration of the accumulation phase, maximum and minimum amount of in-payments and their continuity, as well as conditions for redemption before retirement age in case of particular hardship.deleted
2018/05/03
Committee: IMCO
Amendment 561 #

2017/0143(COD)

Proposal for a regulation
Article 43 – paragraph 6 a (new)
6a. The competent authority of the main establishment or the single establishment of the provider or the distributor shall be competent to act as lead competent authority for cross-border provision of PEPPs.
2018/05/03
Committee: IMCO
Amendment 562 #

2017/0143(COD)

Proposal for a regulation
Article 43 – paragraph 6 b (new)
6b. In cases that concern more than one Member State, the complainant may choose to lodge his complaint through the competent authority of his own Member State, regardless of where the infringement occurred. To this end, and notwithstanding paragraph 6a, each competent authority shall be competent to handle a complaint lodged with it or a possible infringement of this Regulation, if the subject matter relates to an establishment in its Member State, or if it substantially affects PEPP savers in its Member State. In these cases, the competent authority shall inform the lead competent authority without delay of that matter.
2018/05/03
Committee: IMCO
Amendment 563 #

2017/0143(COD)

Proposal for a regulation
Article 43 – paragraph 6 c (new)
6c. In case there is no agreement between the competent authorities concerned, the dispute resolution procedure foreseen in Article 56 shall apply.
2018/05/03
Committee: IMCO
Amendment 564 #

2017/0143(COD)

Proposal for a regulation
Article 44
1. transparent and effective ADR procedures for the settlement of disputes between PEPP customers and PEPP providers or distributors concerning the rights and obligations arising under this Regulation shall be established in accordance with Directive 2013/11/EU of the European Parliament and the Council49 , using existing competent bodies where appropriate. Such ADR procedures shall be applicable, and the relevant ADR body’s competence shall effectively extend, to PEPP providers or distributors against whom the procedures are initiated. 2. paragraph 1 shall cooperate effectively for the resolution of cross-border disputes concerning rights and obligations arising under this Regulation. _________________ 49Directive 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.Article 44 deleted Out-of-court redress Adequate, independent, impartial, The bodies referred to in
2018/05/03
Committee: IMCO
Amendment 596 #

2017/0143(COD)

Proposal for a regulation
Article 48 – paragraph 3
3. The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 10,5 % of the positive balance to be transferred to the receiving PEPP provider.
2018/05/03
Committee: IMCO
Amendment 600 #

2017/0143(COD)

Proposal for a regulation
Article 48 – paragraph 4
4. Fees and charges, if any, applied by the transferring or tThe receiving PEPP provider to the PEPP saver for any service provided under Article 46, other than those referred to in paragraphs 1, 2 and 3 of this Article, shall be reasonable and in line withmay only charge the actual costs of that PEPP providere switching service.
2018/05/03
Committee: IMCO
Amendment 604 #

2017/0143(COD)

Proposal for a regulation
Article 49 – paragraph 5 a (new)
5a. Member States shall ensure that cross-border complaints and redress mechanisms are set up, allowing for individual as well as collective compensatory redress across borders.
2018/05/03
Committee: IMCO
Amendment 605 #

2017/0143(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. In accordance with Article 3, the PEPP conditions related to the decumulation phase shall be determined by Member States unless they are specified in this RegulationMember States shall ensure that cross-border complaints and redress mechanisms are set up, allowing for individual as well as collective compensatory redress across borders.
2018/05/03
Committee: IMCO
Amendment 607 #

2017/0143(COD)

Proposal for a regulation
Article 51 – paragraph 2 a (new)
2a. PEPP savers shall choose the form of out-payments for the decumulation phase upon conclusion of a PEPP contract.
2018/05/03
Committee: IMCO
Amendment 617 #

2017/0143(COD)

Proposal for a regulation
Article 53 – paragraph 2
2. EIOPA shall monitor pension schemes established or distributed in the territory of the Union to verify that they do not use the designation "PEPP" or suggest that they are a PEPP unless they areverify that the designation "PEPP" shall not be used unless authorised under, and in complyiance with, this Regulation.
2018/05/03
Committee: IMCO
Amendment 620 #

2017/0143(COD)

Proposal for a regulation
Article 55 – title
Cooperation between competent authorities and with EIOPAand consistency
2018/05/03
Committee: IMCO
Amendment 621 #

2017/0143(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. EIOPA and theach competent authority of the PEPP provider shall cooperate with each other and exchange information fshall contribute to the consistent application of the Regulation throughout the Union. For theat purpose of carrying out their duties under this Regulat, the competent authorities shall cooperate with each other and with the Commission.
2018/05/03
Committee: IMCO
Amendment 622 #

2017/0143(COD)

Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 1
In order to ensure consistent application of this Article, EIOPA shall develop draft implementing technical standards specifying the details of the mechanism for consistency, cooperation and exchange of information, together with the requirements needed to present the information above in a standardised format allowing for comparison.
2018/05/03
Committee: IMCO
Amendment 623 #

2017/0143(COD)

Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 2
EIOPA shall submit those draft implementing technical standards to the Commission by … [within 96 months after the entry into force of the Regulation].
2018/05/03
Committee: IMCO
Amendment 631 #

2017/0143(COD)

Proposal for a regulation
Article 61 – paragraph 1
With regard to the processing of personal data within the framework of this Regulation, PEPP providers and competent authorities shall carry out their tasks for the purpose of this Regulation in accordance with Regulation (EU) 2016/679, and a Regulation on the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) . With regard to the processing of personal data by EIOPA within the framework of this Regulation, EIOPA shall comply with Regulation (EC) No 45/2001.
2018/05/03
Committee: IMCO
Amendment 633 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2
WThe re the evaluation identifies important problems with the functioning of the Regulation, the Report should outline how the Commission is intending to address the identified problems, including steps and timings of the potential revision.port shall cover all issues concerning the functioning of the Regulation, in particular the following:
2018/05/03
Committee: IMCO
Amendment 634 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point a (new)
(a) development of the compartments and partnerships;
2018/05/03
Committee: IMCO
Amendment 635 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point b (new)
(b) portability;
2018/05/03
Committee: IMCO
Amendment 636 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point c (new)
(c) the switching mechanism;
2018/05/03
Committee: IMCO
Amendment 637 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point d (new)
(d) the complains procedure;
2018/05/03
Committee: IMCO
Amendment 638 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 – point e (new)
(e) the application throughout the Union.
2018/05/03
Committee: IMCO
Amendment 639 #

2017/0143(COD)

Proposal for a regulation
Article 63 – paragraph 2 a (new)
The Commission shall set up a panel with relevant stakeholders to continuously monitor the development and implementation of the PEPP. That panel shall include at least EIOPA, the national supervisors, industry and consumer representatives and independent experts. The secretariat of the panel shall be EIOPA.
2018/05/03
Committee: IMCO
Amendment 50 #

2017/0125(COD)

Proposal for a regulation
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence capabilities to respond to security challenges, as well as to foster a competitive and innovative European defence industry and to encourage the creation of a genuine and integrated European defence market. It proposed in particular to launch a European Defence Fund to support investment in joint research and the joint development of defence equipment and technologies. The Fund would support cooperation during the whole cycle of defence product and technology development.
2017/12/01
Committee: IMCO
Amendment 58 #

2017/0125(COD)

Proposal for a regulation
Recital 3
(3) The lack of cooperation between Member States in the field of defence and security and the fragmentation of the European defence industry have led to inefficient spending due to duplications, to a lack of interoperability and to technological gaps. Therefore, in order to better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies, resulting in the strengthening of the single market for defence and the promotion of a more competitive defence industry.
2017/12/01
Committee: IMCO
Amendment 87 #

2017/0125(COD)

Proposal for a regulation
Recital 10
(10) As the objective of the Programme is to support the competitiveness of the Union defence industry by de-risking the development phase of cooperative projects, actions related to the development of a new defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
2017/12/01
Committee: IMCO
Amendment 89 #

2017/0125(COD)

Proposal for a regulation
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between public or private undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least three undertakings based in at least twohree different Member States.
2017/12/01
Committee: IMCO
Amendment 96 #

2017/0125(COD)

Proposal for a regulation
Recital 12
(12) Cross-border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications. The absence or limited level of common technical specifications have led to increased complexity, delays and inflated costs in the development phase. The agreement on common technical specifications should be a primary condition in order to benefit from the Union's support under this Programme. Actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the Programme.
2017/12/01
Committee: IMCO
Amendment 103 #

2017/0125(COD)

Proposal for a regulation
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities which are established in the Union and effhave their executively controlled by Member States or their nationals management structures there should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
2017/12/01
Committee: IMCO
Amendment 105 #

2017/0125(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) In order to achieve the objectives of the Programme, beneficiary undertakings should be able to cooperate with undertakings established in third countries, especially if those have a relevant expertise for the project financed. However, those undertakings should not be located in third countries that are not identified in the work programme. Where appropriate, and in particular when the objectives of the Common Security and Defence policy of the Union, or the Union interest as regards intellectual property, are at stake, a more cautious approach should be followed.
2017/12/01
Committee: IMCO
Amendment 115 #

2017/0125(COD)

Proposal for a regulation
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate, regional or international cooperative initiatives, such as those undertaken in the NATO context of NATO, and serving the Union security and defence interests, mayshould also be taken into account.
2017/12/01
Committee: IMCO
Amendment 119 #

2017/0125(COD)

Proposal for a regulation
Recital 18
(18) In order to ensure that the funded actions will contribute to the competitiveness of the European defence industry, they should be market-oriented and demand driven. Therefore, the fact that Member States have already committed to jointly develop, produce andor procure the final product or technology, possibly in a coordinated way, should be taken into account in the award criteria.
2017/12/01
Committee: IMCO
Amendment 122 #

2017/0125(COD)

Proposal for a regulation
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 250% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totality of the eligible costs should however be covered for other actions in the development phase.
2017/12/01
Committee: IMCO
Amendment 129 #

2017/0125(COD)

Proposal for a regulation
Recital 21
(21) The Commission should establish a multiannualtwo-year work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of Member States (hereinafter referred to as' the Programme Committee'). In light of the Union policy on SMicro, small and Mmedium E-sized enterprises (MSMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans- national collaboration, it is of importance that the work programme will reflect and enable such cross-bordernd intermediate companies are, in many Member States, the backbone of their defence sector and central to the European defence industrial base and the value chain. At the same time, they are the most vulnerable part of the defence supply chain to access fresh capital needed for new investments. Therefore, particular attention should be paid to ensuring the adequate participation of MSMEs and that therefore a proportion of the overall budget will benefit such actionin the work programme and throughout the implementation of the Programme.
2017/12/01
Committee: IMCO
Amendment 141 #

2017/0125(COD)

Proposal for a regulation
Recital 25
(25) The Commission should draw up an implementation report at the end of the Programme, examining the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross -border participation of SMEs in projects under the Programme as well as the participation of SMEs to the global value chain. If the participation of SMEs is considered to be low, the Commission should examine the reasons for this situation and should propose, without delay, adequate new measures for allowing SMEs to increase their participation.
2017/12/01
Committee: IMCO
Amendment 153 #

2017/0125(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and innovation capacity of the Union defence industry by supporting cross-border actions in their development phase;
2017/12/01
Committee: IMCO
Amendment 159 #

2017/0125(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) to support and leverage the cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union, with a view to strengthening the single market for defence;
2017/12/01
Committee: IMCO
Amendment 161 #

2017/0125(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) to support and leverage the cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
2017/12/01
Committee: IMCO
Amendment 168 #

2017/0125(COD)

Proposal for a regulation
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500 million in current prices. The financing of each action under the Programme shall not exceed one tenth of the amount allocated to the implementation of the Programme for the period 2019-2020.
2017/12/01
Committee: IMCO
Amendment 179 #

2017/0125(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existingnew products and technologies, in relation to:
2017/12/01
Committee: IMCO
Amendment 190 #

2017/0125(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
2017/12/01
Committee: IMCO
Amendment 205 #

2017/0125(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Beneficiaries shall be public or private undertakings established in the Union, in which Member States and/or nationals of Member St. The beneficiaries’ and their subcontractors’ infrastructure, facilities, assets and resources used for the purposes of the actions funded under the Programme shall be locatesd own more than 50% of the undertaking and effthe territory of the Union during the entire duration of the action, and their executively control it within the meaning of Article 6(3) management structures shall be established in the Union. For the purposes of the actions funded under the Programme, wthe beneficiaries and their directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action. subcontractors shall not be subject exclusively controlled by third countries or by entities established in third countries. A beneficiary controlled by third countries or by entities established in third countries shall only be considered to be an eligible entity if the Member State in which it is located provides sufficient assurances that the control of the beneficiary by third countries or by entities established therein will not contravene the security and defence interests of the Union and of its Member States.
2017/12/01
Committee: IMCO
Amendment 213 #

2017/0125(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Where appropriate, and in order to achieve the objectives of the Programme, beneficiaries may cooperate with undertakings located in third countries, and especially if those have a relevant expertise for the action financed. However, the undertakings that cooperate with beneficiaries shall not be located in third countries that are not identified in the work programme.
2017/12/01
Committee: IMCO
Amendment 233 #

2017/0125(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point e
(e) for actions described in points (b) to (e) of Article 6(1), the contribution to the competitiveness of the European defence industry through the demonstration by the beneficiaries that Member States have committed to jointly develop, produce andor procure the final product or technology in a coordinated way, including joint procurement where applicable.
2017/12/01
Committee: IMCO
Amendment 238 #

2017/0125(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 250% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to the total cost of the action.
2017/12/01
Committee: IMCO
Amendment 264 #

2017/0125(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospective evaluation report and send it to the European Parliament and to the Council. The report - building on relevant consultations of Member States and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 2. It shall also analyse cross -border participation of SMEs in projects implemented under the pProgramme as well as the participation of SMEs to the global value chain. If the participation of SMEs is considered to be low, the Commission shall examine the reasons for this situation and propose, without delay, adequate new measures for increasing their participation.
2017/12/01
Committee: IMCO
Amendment 58 #

2017/0087(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal.
2018/03/28
Committee: IMCO
Amendment 60 #

2017/0087(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 91, 100, 114, 192, 194(2) and 337 114 thereof,
2018/03/28
Committee: IMCO
Amendment 64 #

2017/0087(COD)

Proposal for a regulation
Recital 1
(1) In accordance with Article 3(3) of Treaty on European Union (TEU), the establishment of an internal market is one of the main objectives to be reached by the Union in cooperation with the Member States. Pursuant to Article 26(1) of the Treaty on the Functioning of the European Union (TFEU), the Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market. Under Article 26(2) TFEU, the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. The internal market has generated new opportunities and economies of scale for European undertakings, has created jobs, has offered greater choice at lower prices for consumers and has enabled European citizens to live, study and work in the Union. Despite all the progress made, significant difficulties in the establishment and functioning of the internal market remain and European citizens and undertakings are unable to reap the full benefits of the internal market. Those difficulties arise particularly when Single market directives are not completely and correctly transposed into Member States’ national law by the deadline set out in these directives. In certain cases, suboptimal information affecting the action by the Commission on the application of Union law in the area of the internal market at national level increases the risk of the emergence of difficulties to trade in the internal market resulting from uncoordinated national enforcement activities or multifarious development of national regulatory solutions to those problems.
2018/03/28
Committee: IMCO
Amendment 68 #

2017/0087(COD)

Proposal for a regulation
Recital 2
(2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, iIn Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides not only for a framework in which the Commission can collect information from undertakings and associations of undertakings, but also for measures to enforce the requests for information. Therefore, while taking fully into account the fact that the Commission derives its power to collect information directly from the Treaty, this Regulation should be based, in addition to Article 337 TFEU, on the provisions of Articles 43(2), 91, 100, 192 and 194(2) TFEU and also of on Article 114 TFEU, which provides for the adoption of measures necessary for the establishment and functioning of the internal market, including where differences between national rules are such as to obstruct the fundamental freedoms or where it is necessary to prevent the emergence of difficulties in the establishment and functioning of the internal market.
2018/03/28
Committee: IMCO
Amendment 74 #

2017/0087(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Undertakings and associations of undertakings recognize the importance of the well-functioning internal market, which has been proved by their willingness to cooperate with the Commission. As evidenced by numerous cases, undertakings and associations of undertakings respond to the requests of the Commission to provide also information on a voluntary basis. Nevertheless, it shall be noted, that such tool may prove useful in case when well- targeted and timely information is needed in order to prove the existence of infringement vis-à-vis à Member States.
2018/03/28
Committee: IMCO
Amendment 75 #

2017/0087(COD)

Proposal for a regulation
Recital 3 b (new)
(3b) The introduction of the Single Market Information Tool does not aim to gather confidential business-related information from undertakings and association of undertakings for the purpose of creating new policies.
2018/03/28
Committee: IMCO
Amendment 80 #

2017/0087(COD)

Proposal for a regulation
Recital 7
(7) Although the current regulatory framework as regards the Commission’s means to obtain information for addressing difficulties to the establishment and functioning of the internal market rules works efficiently for a great majority of cases, challenges arise in a limited amount of specific situations where detailed, comparable, up-to-date, and often confidential, specific market data are necessary within a limited time frame. Indeed, a sound economic analysis is particularly appropriate for assessing the existence of difficulties to the establishment and functioning of the internal market in complex cases with cross-border dimension, notably when those cases relate to fast-moving markets, new economic activities or new business models challenging existing economic assumptions. However, completing such assessment may turn to be difficult in the absence of sufficient and comparable information. This renders the task of the Commission to ensure the application of Union law more difficult in those specific situations.
2018/03/28
Committee: IMCO
Amendment 83 #

2017/0087(COD)

Proposal for a regulation
Recital 8
(8) Where detailed, comparable, up-to- date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request undertakings and associations of undertakings to directly provide it, in a timely manner, with comprehensive, accurate and reliable quantitative and qualitative market information where other sources of information have proven unavailable, insufficient or inadequate. To this effect, the Commission should first adopt a decision stating whyat other means to obtain the necessary information have been consulted as well as why those other means have proven ineffective. It is understood that the notion of undertaking has the same meaning as in other areas of EU law, in particular competition law.
2018/03/28
Committee: IMCO
Amendment 89 #

2017/0087(COD)

Proposal for a regulation
Recital 10
(10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the powers to pursue infringements of Union law in the internal market area against individual market participants. Its purpose is rather to provide the Commission with additional fact-finding ability where this is strictly required for performing the task entrusted to the Commission by the TFEU to ensure the application of Union law in relation toCommission’s responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the internal market in the framework of infringement procedures against Member States. In the interest of the establishment of a fully functioning internal market, it is appropriate to clarify that such empowerment covers also those economic sectors within the internal market for which TFEU has foreseen common policies: agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy.
2018/03/28
Committee: IMCO
Amendment 92 #

2017/0087(COD)

Proposal for a regulation
Recital 11
(11) For this investigative tool to be effective, the information sought should relate to the application of relevant Union law. This may consist, for example, of factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers. It may also consist of undertakings’ or associations of undertakings’ fact-based analysis of the functioning of the internal market, such as in relation to perceived regulatory and entry barriers or to costs of cross-border operations. In order to minimise costs of replying to requests for information, such requests should only cover information that is likely to be at the disposal of the undertaking or association of undertakings concernedbe addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States.
2018/03/28
Committee: IMCO
Amendment 101 #

2017/0087(COD)

Proposal for a regulation
Recital 12
(12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at solving a presumed, i.e. based on the available information, serious problem whelping the Commission to exercise its responsibilithy the application of Union law in the areas of the internal market, agriculture o submit to the Court of Justice all the relevandt fisheries (excluding the conservation of marine biological resources), transport, environment and energy. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. Accordingly, sanctions provided for inactual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the instrument are designed to address exclusively two instances. They only cover an intentional or through gross negligence lack of a response to a request for information and an intentionally or through gross negligence incorrect, incomplete, or misleading reply. The collected information, if relevant, could also be used to provide insight into situations where undertakings find it difficult to comply with the legislation, with a view to improving the proper application of the internal market rulesternal market in the framework of infringement procedures against Member States. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. With a view to avoid disproportionate administrative burden for micro- undertakings and SMEs, which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requests for information to this category of undertakings. When issuing requests for information to small and medium-sized undertakings, the Commission should take due account of the principle of proportionality. While SMEs are unlikely to operate at a larger scale enabling them to significantly affect market outcomes, the information gathered from SMEs could prove valuable in informing the Commission on difficulties in establishment and functioning of the internal market. Information readily available to SMEs might be of anecdotal nature but it could still alert the Commission about single market difficulties SMEs might suffer from. SMEs would normally not and should not incur any significant additional costs of data gathering in response to this tool. Given their relatively weaker bargaining position in value chains, SMEs might be more forthcoming with information when granted a procedure duly respecting confidentiality and anonymity. Resolving a difficulty in the single market establishment and functioning could in particular benefit SMEs as it is often the small innovative firms which face the greatest barriers when trying to start up and scale up across the single market. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU of the European Parliament and of the Council29 should apply. __________________ 29 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p.19).
2018/03/28
Committee: IMCO
Amendment 109 #

2017/0087(COD)

Proposal for a regulation
Recital 14
(14) The investigative tool provided for in this Regulation is particularly useful for ensuring the application of Union law in the area of the internal market by the Commission. It is also useful, for any subsequent enforcement action by the Member States concerned that would require the use of the relevant information collected using this power and disclosed by the Commission to the Member States concerned. Moreover, where difficulties in the application of existing rules are experienced, including situations where undertakings are not able to comply with the legislation due to lack of legal clarity, this investigative tool could also be useful after the use of other tools and sources of relevant information have proven inadequate, for contributing to the conception or design of regulatory solutions. It is also appropriate not to allow the use of such information for other purposes, in particular the application of the competition rules of the TFEU, without prejudice to the reuse of information made public.deleted
2018/03/28
Committee: IMCO
Amendment 115 #

2017/0087(COD)

Proposal for a regulation
Recital 15
(15) The Commission should be able to enforce compliance with the requests for information it addresses to any undertaking or association of undertakings, as appropriate, by means of proportionate fines and periodic penalty payments imposed by way of decision. In setting the amounts of fines and periodic penalty payments, the Commission should take due account of the principle of proportionality (including the aspects of appropriateness), in particular as regards small and medium-sized undertakings. The rights of the parties requested to provide information should be safeguarded by giving them the opportunity to make known their views before any decision imposing fines or periodic penalty payments is taken.deleted
2018/03/28
Committee: IMCO
Amendment 118 #

2017/0087(COD)

Proposal for a regulation
Recital 16
(16) Taking due account of the principle of proportionality (including the aspects of appropriateness), the Commission should be able to reduce the periodic penalty payments or waive them entirely, when addressees of requests provide the information requested, albeit after the expiry of the deadline. For reasons of legal certainty, it is also appropriate to provide for limitation periods for the imposition and enforcement of fines and periodic penalty payments.deleted
2018/03/28
Committee: IMCO
Amendment 122 #

2017/0087(COD)

Proposal for a regulation
Recital 17
(17) The Court of Justice should, in accordance with Article 261 TFEU, have unlimited jurisdiction in respect of decisions by which the Commission imposes fines or periodic penalty payments under this Regulation, which means that it may cancel, reduce or increase the fine or periodic penalty payment imposed by the Commission.deleted
2018/03/28
Committee: IMCO
Amendment 127 #

2017/0087(COD)

Proposal for a regulation
Recital 19
(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views before any decision to reject the confidentiality claim is taken.
2018/03/28
Committee: IMCO
Amendment 136 #

2017/0087(COD)

Proposal for a regulation
Recital 21
(21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principles of legality and proportionality of penalties.
2018/03/28
Committee: IMCO
Amendment 137 #

2017/0087(COD)

Proposal for a regulation
Recital 21
(21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principles of legality and proportionality of penalties.
2018/03/28
Committee: IMCO
Amendment 140 #

2017/0087(COD)

Proposal for a regulation
Recital 23
(23) Since the objectives of this Regulation, namely facilitating the exercise of Commission's access to market information necessary for carrying ouresponsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement witsh tasks in order to achieve a smoohe aim of establishing and ensuring th-e functioning of the internal market in the framework of infringement procedures against Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2018/03/28
Committee: IMCO
Amendment 152 #

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
This Regulation shall apply into the internal market as referred to in Article 26(2) of the TFEU as well as the internal market- related aspects of the following areasectors:
2018/03/28
Committee: IMCO
Amendment 154 #

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) the internal market, as referred to in Article 26(2) of the Treaty;deleted
2018/03/28
Committee: IMCO
Amendment 159 #

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) agriculture and fisheries, other thanwith the exception of the conservation of marine biological resources;
2018/03/28
Committee: IMCO
Amendment 183 #

2017/0087(COD)

Proposal for a regulation
Article 4 – paragraph 1
Where a serious difficulty with the application of Union law risks undermining the attainment of an important Union policy objectiveIn order to facilitate the exercise of the Commission's responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the internal market in the framework of infringement procedures against Member States, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II, for the purpose of addressing the above- mentioned difficulty.
2018/03/28
Committee: IMCO
Amendment 212 #

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point d
(d) a reasoned explanationlist of whythe other means to obtain such informationhat have previously been consulted to obtain such information as well as a reasoned explanation of why those means have proven insufficient or inadequate or cannot be obtained in a timely manner to date;
2018/03/28
Committee: IMCO
Amendment 222 #

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The undertakings or association of undertakings concerned by the request as referred to in Article 4 are obligshall only be required to provide only information that is at their disposal.
2018/03/28
Committee: IMCO
Amendment 226 #

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
The Commission shall take due account of the principle of proportionality, in particular with regard to small and medium-sized undertakings.deleted
2018/03/28
Committee: IMCO
Amendment 242 #

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
The Commission shall not issue requests for information in accordance with this Regulation to micro-undertakings, small undertakings and medium-size undertakings unless they are part of a group of undertakings which qualifies at least as small group as defined ina large group under Article 6(53(7) of Directive 2013/34/EU.
2018/03/28
Committee: IMCO
Amendment 244 #

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
The Commission shall not issue requests for information in accordance with this Regulation to SMEs and micro- undertakings, unless they are part of a group of undertakings which qualifies at least as small group as defined in Article 6(5) of Directive 2013/34/EU.
2018/03/28
Committee: IMCO
Amendment 251 #

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The simple request referred to in paragraph 1 shall state the legal basis and its purpose, specify what information is required and prescribe a proportionate time limit within which the information is tomay be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading information.
2018/03/28
Committee: IMCO
Amendment 265 #

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriatemay be provided.
2018/03/28
Committee: IMCO
Amendment 268 #

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information is tomay be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate.
2018/03/28
Committee: IMCO
Amendment 284 #

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The undertakings or associations of undertakings, which have voluntarily accepted to providinge information following a Commission’s request for information based on Article 5, shall submit their answers to the Commission in a clear, complete and accurate manner.
2018/03/28
Committee: IMCO
Amendment 298 #

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The Commission shall verify whether the confidentiality claim of the information transmitted made by the respondent undertakings or associations of undertakings under subparagraph 2 of paragraph 2 is well-founded and proportionate. After giving the undertaking or association of undertakings concerned the opportunity of making known its views, the Commission may take a decision finding that the information claimed to be confidential is not protected, and setting a date after which the information is to be disclosed. That period shall not be less than 1 month. That decision shall be notified to the undertaking or association of undertakings concerned without delay.deleted
2018/03/28
Committee: IMCO
Amendment 327 #

2017/0087(COD)

Proposal for a regulation
Article 9
Fines and periodic penalty payments 1. where deemed necessary and proportionate, impose on undertakings or association of undertakings fines not exceeding 1 % of their total turnover in the preceding business year where they intentionally or through gross negligence: (a) supply incorrect or misleading information in response to a request made pursuant to Article 6(2); (b) supply incorrect, incomplete or misleading information in response to a decision adopted pursuant to Article 6(3) or do not supply the information within the prescribed time limit. 2. impose on undertakings or associations of undertakings periodic penalty payments where an undertaking fails to supply complete, accurate and not misleading information within the prescribed deadline as requested by the Commission by a decision adopted pursuant to Article 6(3). The periodic penalty payments shall not exceed 5 % of the average daily turnover of the undertaking or association concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it supplies the information requested or required by the Commission. 3. association of undertakings provides no or incomplete information, the Commission shall prior the imposition of a fine or penalty, set a final deadline of two weeks to receive the missing information. 4. account the nature, gravity and duration of the breach of Article 6(1), as well as the principle of proportionality in particular with regard to small and medium-sized undertakings when fixing the amount of the fine or periodic penalty payment. 5. associations of undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may reduce or waive the amount of the periodic penalty payment. 6. accordance with paragraph 1 or 2, the Commission shall give the concerned undertakings or associations of undertakings the opportunity of making known their views.Article 9 deleted The Commission may, by decision, The Commission may, by decision, Where the undertaking or The Commission shall take into Where the undertakings or Before adopting any decision in
2018/03/28
Committee: IMCO
Amendment 356 #

2017/0087(COD)

Proposal for a regulation
Article 10
Limitation period for the imposition of 1. Commission by Article 9 shall be subject to a limitation period of three years. 2. paragraph 1 shall start on the day on which the infringement referred to in Article 9 is committed. However, in the case of continuing or repeated breaches of Article 6(1), the period shall begin on the day on which the breach ceases. 3. Commission for the purpose of investigating or pursuing a possible breach of Article 6(1) shall interrupt the limitation period for the imposition of fines or periodic penalty payments, with effect from the date on which the action is notified to the undertaking or association of undertakings concerned. 4. limitation period shall start running afresh. However, the limitation period shall expire at the latest on the day on which a period of six years has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period is suspended in accordance with paragraph 5. 5. imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 10 deleted fines and periodic penalty payments The powers conferred on the The period provided for in Any action taken by the After each interruption, the The limitation period for the
2018/03/28
Committee: IMCO
Amendment 366 #

2017/0087(COD)

Proposal for a regulation
Article 11
Limitation period for the enforcement of fines and periodic penalty payments 1. enforce decisions adopted pursuant to Article 9 shall be subject to a limitation period of five years. 2. paragraph 1 shall start on the day on which the decision taken pursuant to Article 9 becomes final. 3. in paragraph 1 shall be interrupted: (a) modifying the original amount of the fine or periodic penalty payment or refusing an application for modification; (b) acting at the request of the Commission, or of the Commission, intended to enforce payment of the fine or periodic penalty payment. 4. limitation period shall start running afresh. 5. The limitation period provided for in paragraph 1 shall be suspended for so long as: (a) pay; (b) the enforcement of payment is suArticle 11 deleted The powers of the Commission to The period provided for in The limitation period provided for by notification of a decision by any action of a Member State, After each interruption, the the respeonded pursuant to a decision of the Court of Justice of the European Union.nt is allowed time to
2018/03/28
Committee: IMCO
Amendment 375 #

2017/0087(COD)

Proposal for a regulation
Article 12
The decisions taken pursuant to Article 9(1) and (2) shall be addressed to the undertaking or association of undertakings concerned. The Commission shall notify the decision to the addressee without delay.Article 12 deleted Addressees of decisions
2018/03/28
Committee: IMCO
Amendment 379 #

2017/0087(COD)

Proposal for a regulation
Article 13
Review by the Court of Justice The Court of Justice of the European Union shall have unlimited jurisdiction within the meaning of Article 261 TFEU to review fines or periodic penalty payments imposed by the Commission. It may cancel, reduce or increase the fine or periodic penalty payment imposed.Article 13 deleted
2018/03/28
Committee: IMCO
Amendment 387 #

2017/0087(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The Commission shall publish in the Official Journal of the European Union the decisions which it takes pursuant to Article 9(1) and (2).deleted
2018/03/28
Committee: IMCO
Amendment 60 #

2017/0085(COD)

Proposal for a directive
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
2018/04/20
Committee: EMPL
Amendment 88 #

2017/0085(COD)

Proposal for a directive
Recital 8 b (new)
(8b) In order to improve work-life balance, discriminatory practices such as the persistent gender pay gap should be tackled as to eventually ensure greater equity in the labour market. Member States together with the social partners and relevant stakeholders should include gender equality education in their curricula in compulsory and pre-school education and to continue with public authorities’ efforts to provide information and raise awareness. Policies on equal treatment should aim at addressing the issue of stereotypes in both male and female occupations and roles and social partners should act upon their key role in informing both workers and employers and in raising their awareness about tackling discrimination.
2018/04/20
Committee: EMPL
Amendment 95 #

2017/0085(COD)

Proposal for a directive
Recital 8 d (new)
(8d) In order to build a socially and economically sustainable society, the responsibility for a suitable work-life balance should be shared among workers, families, the social partners, local and regional authorities and all public and private employers and service providers.
2018/04/20
Committee: EMPL
Amendment 117 #

2017/0085(COD)

Proposal for a directive
Recital 12 d (new)
(12d) In the long run, the gaps in access to social protection may put at risk the welfare and health of individuals, contribute to increasing economic uncertainty, poverty risk and inequalities, and may also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Therefore, the self- employed should come within the scope of this Directive.
2018/04/20
Committee: EMPL
Amendment 135 #

2017/0085(COD)

Proposal for a directive
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years olda given age of the child of up to eight. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into particular account the constraints of enterprises. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
2018/04/20
Committee: EMPL
Amendment 193 #

2017/0085(COD)

Proposal for a directive
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The existence and level of an allowance is to be determined at Member States level, while taking into account national frameworks already in place. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
2018/04/20
Committee: EMPL
Amendment 212 #

2017/0085(COD)

Proposal for a directive
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to requesthave the right to request, based on discussions with the employer, flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
2018/04/20
Committee: EMPL
Amendment 378 #

2017/0085(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers or the persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
2018/04/25
Committee: EMPL
Amendment 411 #

2017/0085(COD)

Proposal for a directive
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 twelveof up to eight.
2018/04/25
Committee: EMPL
Amendment 472 #

2017/0085(COD)

Proposal for a directive
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.deleted
2018/04/25
Committee: EMPL
Amendment 539 #

2017/0085(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers of up to eight, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
2018/04/25
Committee: EMPL
Amendment 554 #

2017/0085(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises, and workers. Employers shall jusnotify any refusal of such a request.
2018/04/25
Committee: EMPL
Amendment 9 #

2016/2903(RSP)


Recital A
A. whereas the use of conventional plant protection products is increasingly contentious, due to the risks that they pose for human health and the environmentand their potential risks for human health and the environment is increasingly subject to public debate; whereas the safety of biological pesticides is discussed far less;
2016/12/15
Committee: ENVI
Amendment 18 #

2016/2903(RSP)


Recital B
B. whereas the term “Regulation (EC) No 1107/2009 defines criteria to identify low risk substances that apply independently of the origin of the substance and low-risk pesticides covers bothuld be of biological and synthetic chemical pesticidess well as of synthetic origin;
2016/12/15
Committee: ENVI
Amendment 32 #

2016/2903(RSP)


Recital D
D. whereas biological low-risk pesticides may constitute a viable alternative to conventional plant protection products, both for conventional and for organic farmers, and contribute to a more sustainable agriculture; whereas some biological pesticides possess new modes of action, which iscould be beneficial with a view to evolving resistance to conventional pesticides and limitsing the impact on non- target organisms; whereas biological low- risk pesticides should be the preferred option for non-professional users and home gardening;
2016/12/15
Committee: ENVI
Amendment 39 #

2016/2903(RSP)


Recital E
E. whereas the long approval and registration process before commercialization of biological low-risk pesticides represents an important economic barrier to manufacturers;
2016/12/15
Committee: ENVI
Amendment 83 #

2016/2903(RSP)


Paragraph 4
4. Underlines the need to engage in a wider public debate about makingthe benefits and risks of both biological and synthetic pesticides and about making a wider choice of substances, i.e. biological low- risk alternatives to conventional pesticides, available to farmers and growers, and the necessity to educate and propagate knowledg to facilitate targeted plant protection in an efficient and sustainable way; further underlines the necessity to educate on the need to ensure sustainability of crop protection;
2016/12/15
Committee: ENVI
Amendment 96 #

2016/2903(RSP)


Paragraph 7
7. Calls on the Commission and the Member States to give priority toaccelerate the evaluation, authorisation and registration of biological low-risk plant protection products;
2016/12/15
Committee: ENVI
Amendment 119 #

2016/2903(RSP)


Paragraph 10
10. Calls on the Commission to submit a legislative proposal for the revision of Regulation 1107/2009 with a view to a fast-track evaluation, authorisation and registration process of biological low-risk pesticides; calls for open-ended approval of biological low-risk active substances as an important incentive for the development of biological low-risk pesticides;
2016/12/15
Committee: ENVI
Amendment 46 #

2016/2313(INI)

Motion for a resolution
Recital E a (new)
E a. whereas there are still 74 000 internally displaced persons and a significant number of refugees from Bosnia and Herzegovina in neighbouring countries, whole Europe and world-wide, as well as 6 808 missing persons;
2017/01/12
Committee: AFET
Amendment 56 #

2016/2313(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the consideration of BiH’s EU membership application by the Council and looks forward to the Commission’s opinion on the merits of the application for membership; calls on competent BiH authorities at all levels to cooperate and coordinate in participating in the Commission’s Opinion process by providing a single set of replies to the Commission’s inquiries; deems unacceptable that the Government of the Republika Srpska is trying to establish parallel channels of communication by adopting provisions on direct reporting to the European Commission;
2017/01/12
Committee: AFET
Amendment 78 #

2016/2313(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the progress on the implementation of the 2015-2018 Reform Agenda, as well as the country’s determination to pursue further institutional and socio-economic reforms; stresses that harmonised implementation of the Reform Agenda is needed to achieve real change across the country and to improve the lives of all BiH citizens; calls for the reform momentum to be maintained in order to transform BiH into a fully effective, inclusive and functional state; regrets that common reform efforts often continue to be hampered by ethnic and political divisions, and through further politicization of public administrations; considers it essential to maintain consensus on EU integration and to advance in a concerted manner on the rule of law, including the fight against corruption and organised crime, the reform of the judiciary and public administration;
2017/01/12
Committee: AFET
Amendment 105 #

2016/2313(INI)

Motion for a resolution
Paragraph 6
6. Regrets that the declared political commitment to combat corruption did not translate into tangible results; underlines that there is a lack of track record of high profile cases and that legal and institutional framework for combating systemic corruption like political party finance, public procurement, conflict of interest, and assets declaration is weak and inadequate; acknowledges progress in adopting anti- corruption action plans and setting up corruption prevention bodies at various levels of governance; notes with concern that fragmentation and weak inter- agency cooperation hamper the effectiveness of anti-corruption measures; calls for greater professional specialisation within the police and the judiciary by means of appropriate coordination channels; stresses the need to establish a track record of effective scrutiny of political party and electoral campaign financing;
2017/01/12
Committee: AFET
Amendment 130 #

2016/2313(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Strongly condemns the still effective Law on Order in RS which undermines the fundamental democratic rights of the freedom of assembly, freedom of association and freedom of media, as well as the provision on the death penalty in the RS; urges the full implementation of the Freedom of Access of Information Act; urges the authorities to swiftly implement the additional Protocol to the Council of Europe Convention on Cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems;
2017/01/12
Committee: AFET
Amendment 167 #

2016/2313(INI)

Motion for a resolution
Paragraph 13
13. Notes some progress in fighting organised crime; is concerned, however, about the absence of a consistent approach in tackling organised crime owing to the numerous action plans by the various law enforcement agencies at different levels; highlights the need to strengthen the framework for inter-agency cooperation; welcomes joint investigations but calls for more coordinated operations and better exchange of information; calls for enhancing capacities of law enforcement bodies including on counter-terrorism; welcomes the signing of the operational and strategic cooperation agreement with Europol aimed at combating cross-border criminality; calls on the Federation entity to make swift changes to the criminal code that would ban all forms of human trafficking, whose victims are 80% women and girls;
2017/01/12
Committee: AFET
Amendment 193 #

2016/2313(INI)

Motion for a resolution
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens in the EU accession process; notes that civil society is fragmented, institutionally and financially weak; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation; condemns repeated smear campaigns and violent attacks on CSO representatives and human rights defenders;
2017/01/12
Committee: AFET
Amendment 214 #

2016/2313(INI)

Motion for a resolution
Paragraph 17
17. Calls for efforts to increase the participation of women in political life and employment, to improve their socio- economic situation and to strengthen women’s rights on the whole; notes that legal provisions providing equality between women and men are broadly in place but their implementation continues to be ineffective; is concerned about lack of systematic recording of gender-based violence and calls for urgent harmonisation of adopted laws in that regard (free legal aid, court representation, protective measures, support to victims); is extremely worried about underfunding of safe houses and continuation of work of safe house in Mostar, which closed in early 2016 due to the absence of official financial support, and is now only reopened thanks to donations of international NGOs;
2017/01/12
Committee: AFET
Amendment 252 #

2016/2313(INI)

Motion for a resolution
Paragraph 20
20. Remains concerned by the continued fragmentation, inefficiency and complexity of the education system; calls for countrywide common core curricula and better coordination between the different levels of education governance; continues to be concerned about high proportion of early leavers from education and training, especially males, and the persistently high school-drop-out rates of Roma pupils; regrets the slow progress in addressing and resolving the issue of ‘two schools under one roof’ and other forms of segregation and discrimination in schools;
2017/01/12
Committee: AFET
Amendment 267 #

2016/2313(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the slight reduction in unemployment; remains concerned, however, that unemployment continues to be largely of a structural nature and that youth unemployment continues to be high, resulting in very high levels of brain drain; calls on the competent authorities to introduce active labour market policies targeting in particular the youth, women and the long-term unemployed as well as reinforcing the capacities of the employment services; underlines how market conditions remain adverse for women, with lingering maternity-related discrimination;
2017/01/12
Committee: AFET
Amendment 273 #

2016/2313(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Commends the adoption of the country-wide Framework transport strategy and action plan in July 2016; calls on the authorities to align the legal framework on transport with the relevant EU legislation to provide the functional transport chains and remove the bottlenecks on corridor Vc;
2017/01/12
Committee: AFET
Amendment 11 #

2016/2312(INI)

Motion for a resolution
Recital A
A. whereas Albania has made steady and constant progress in its EU accession process; whereas further implementation of, inter alia, the judicial reform package, in particular the vetting law, electoral reform and the so-called decriminalisation law is important in strengthening citizens’ trust in their public institutions and political representatives;
2017/01/11
Committee: AFET
Amendment 14 #

2016/2312(INI)

Motion for a resolution
Recital A a (new)
A a. whereas challenges still persist and need to be addressed swiftly and efficiently in a spirit of dialogue, cooperation and compromise between government and opposition in order to make further progress on its path to EU accession;
2017/01/11
Committee: AFET
Amendment 19 #

2016/2312(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the EU has highlighted the need to strengthen economic governance, the rule of law and public administration capacities in all of the Western Balkan countries;
2017/01/11
Committee: AFET
Amendment 38 #

2016/2312(INI)

Motion for a resolution
Paragraph 1
1. Welcomes Albania’s continuous progress on EU-related reforms, in particular the adoption of constitutional amendments paving the way for a deep and comprehensive judicial reform; stresses that not only consistent adoption but also full and timely implementation of reforms and sustained political commitment are essential in order to further advance the EU accession process;
2017/01/11
Committee: AFET
Amendment 47 #

2016/2312(INI)

Motion for a resolution
Paragraph 2
2. Fully supports Albania’s accession to the EU, and calls for the accession negotiations to be opened as soon as there is credible and sustainable progress in the implementation of judicial reform, fight against organized crime and corruption in order to keep the reform momentum; expects Albania to consolidate the progress achieved and to maintain the pace of progress on implementation of all key priorities;
2017/01/11
Committee: AFET
Amendment 52 #

2016/2312(INI)

Motion for a resolution
Paragraph 3
3. Reiterates that a constructive dialogue, sustainable political cooperation and a willingness to compromise is crucial for the success of the reforms and for; underlines that lack of political cooperation and polarisation undermine the entire EU accession process;
2017/01/11
Committee: AFET
Amendment 60 #

2016/2312(INI)

Motion for a resolution
Paragraph 4
4. Commends the consensual adoption of the constitutional amendments for judicial reform and the adoption of laws on the institutional reorganisation of the judiciary in close cooperation with the Venice Commission; calls for the swift adoption and implementation of all relevant accompanying laws and by-laws, in particular the law on the re-evaluation (vetting) of judges, prosecutors and legal advisors as an important instrument to fight corruption in Albania; notes that the application of the vetting law has been suspended by the Constitutional Court, and that the latter has requested the opinion of the Venice Commission on its constitutionality; reiterates that a comprehensive judicial reform is a major demand by Albania’s citizens for re- establishing trust in their political representatives and public institutions, and that the credibility and effectiveness of the overall reform process, including the fight against corruption and organised crime, depend on the success of the vetting process and judicial reform;
2017/01/11
Committee: AFET
Amendment 77 #

2016/2312(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Ad-Hoc Parliamentary Committee on Electoral Reform to finalise its review of the electoral code while addressing all previous OSCE/ODIHR recommendations; calls on the competent authorities to ensure implementation in due time before the upcoming parliamentary elections of June 2017; recalls that all political parties are responsible for in order to address the lack of impartiality and professionalism in the electoral administration; calls on all political actors that ensuring thatfair and democratic elections are conducted in compliance with international standards is an important precondition to further advance the EU accession process; calls on Albania’s political parties to respect the law, in spirit and in letter, on the exclusion of criminal offenders from public office when drawing up their candidate lists; calls on the authorities to encourage CSOs to actively participate in the overview of the whole electoral process;
2017/01/11
Committee: AFET
Amendment 83 #

2016/2312(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses the fact that around 2 million citizens of Albania living abroad are not able to cast their vote in the upcoming elections which is a basic constitutional right; calls on authorities to make further efforts that allows for the adoption and implementation of the necessary reforms in order to provide voting right for Albanians who live abroad;
2017/01/11
Committee: AFET
Amendment 95 #

2016/2312(INI)

Motion for a resolution
Paragraph 8
8. Notes the efforts towards a more citizen-friendly public administration and steady progress in the implementation of public administration reform; calls for further progress in strengthening the application of the Civil Service Law and the Law on Administrative Procedures, in order to safeguard the independence of regulatory bodies, improve recruitment procedures based on merit and performance, and enhance institutional and human resource capacities, with a view to ensuring efficient conduct of EU accession negotiations; calls for enhancing the authority, autonomy, efficiency and resources of human rights structures, such as the office of the Ombudsman; commends the National Council for European Integration on its initiatives to enhance the capacities of public administration and civil society in monitoring the implementation of accession-related reforms;
2017/01/11
Committee: AFET
Amendment 104 #

2016/2312(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the adoption of key pieces of anti-corruption legislation, including on the protection of whistle- blowers; is concerned, however, that corruption remains prevalent in many areas and key anti-corruption institutions continue to be subject to political interference and have limited administrative capacities; notes that poor interinstitutional cooperation and exchange of information continue to hamper proactive investigation and effective prosecution of corruption; stresses the need for a more adequate legal framework for conflicts of interest, regulating lobbying and better interinstitutional cooperation, especially between police and prosecution services, with a view to improving their track record as regards investigation, prosecution and conviction, including in high level cases; in view of the upcoming parliamentary elections, calls for effective oversight of political party financing;
2017/01/11
Committee: AFET
Amendment 127 #

2016/2312(INI)

Motion for a resolution
Paragraph 11
11. Notes the improving EU-related cooperation between state institutions and civil society organisations (CSOs), including their participation in meetings of the National Council on European Integration (NCEI); stressesnotes that an empowered civil society is a crucial component of any democratic system; stresses, therefore, the need for even closer coordination at all levels of government, including at local level, with CSOs; calls for the effective implementation of the right to information and public consultation and for better regulation of the fiscal framework affecting CSOs;
2017/01/11
Committee: AFET
Amendment 136 #

2016/2312(INI)

Motion for a resolution
Paragraph 12
12. Urges the competent authorities to actively promote respect of human rights and continue improving the climate of inclusion and tolerance for all minorities and other vulnerable groups in the country, including by enhancing the role of the State Committee on Minorities; as regardsunderlines the need to improve the living conditions for Roma and Egyptians,; calls for continued efforts in improving their access to employment, education, health, social housing and legal aid; is concerned that, despite improvements, the inclusion of Roma children in the education system remains the lowest in the region;
2017/01/11
Committee: AFET
Amendment 147 #

2016/2312(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Recalls that institutional mechanisms to protect the rights of the child and to tackle gender-based violence remain poor; calls for better policy implementation and better inter- institutional cooperation in order to tackle social exclusion and discrimination effectively; stresses the need for additional efforts in order to develop a track record of anti-discrimination cases;
2017/01/11
Committee: AFET
Amendment 173 #

2016/2312(INI)

Motion for a resolution
Paragraph 14
14. Reiterates the critical importance of professional and independent private and public service media; is concerned about political influence in the media and widespread self-censorship among journalists; notes the slow implementation of the law on audiovisual media and the delays in filling vacancies in the Audiovisual Media Authority (AMA); with a view to upcoming parliamentary elections, calls for additional efforts to fully guarantee the independence of the Audiovisual Media Authority (AMA) and of the public broadcaster; calls for measures to raise the professional and ethical standards of and prevalence of regular work contracts for journalists, to enhance the transparency of government advertising in the media and to ensure the independence of the regulatory authority and the public broadcaster;
2017/01/11
Committee: AFET
Amendment 182 #

2016/2312(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Commends that according to the Institute of Statistic in Albania (INSTAT) the level of unemployment in Albania decreased at the lowest level during the last three years; stresses the need to rise the quality of education at all levels in order to better equip people with skills and knowledge in line with labour market needs;
2017/01/11
Committee: AFET
Amendment 50 #

2016/2311(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the continued engagement of Serbia on the path of integration into the EU and its constructive and well-prepared approach to the negotiations, which is a clear sign of determination and political will; calls on Serbia to actively promote this strategic decision among the Serbian population;deleted
2017/01/19
Committee: AFET
Amendment 98 #

2016/2311(INI)

Motion for a resolution
Paragraph 6
6. Calls on Serbia to align its foreign and security policy with that of the EU, including its policy on Russia, and regrets the fact that Serbia's alignment with EU CFSP decisions and declarations felt down in 2016, Serbia being the only candidate country with such a tendency; welcomes Serbia’s important contribution to and continued participation in international peacekeeping operations; at the same considers conducting the joint Serbia-Russia military exercises regrettable;
2017/01/19
Committee: AFET
Amendment 5 #

2016/2306(INI)

Draft opinion
Paragraph 1 a (new)
1a. Regrets that the recovery in the EU remains slow and fragile, highlighting the need to step up structural reforms, encourage investment and build a more competitive economy;
2016/12/16
Committee: ENVI
Amendment 6 #

2016/2306(INI)

Draft opinion
Paragraph 1 b (new)
1b. Welcomes that the Annual Growth Survey 2017 is clearly mentioning the circular economy among the general economic priorities for the EU;
2016/12/16
Committee: ENVI
Amendment 20 #

2016/2306(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses the importance of the on- going reform of the waste legislation in order to advance the transition of the European economy into a circular model;
2016/12/16
Committee: ENVI
Amendment 29 #

2016/2306(INI)

Draft opinion
Paragraph 4 a (new)
4a. Highlights that EU member states need to reform their tax systems in order to support growth and fair rules between businesses; emphasises in this respect the role of environmental taxation, environmental tax reform and tax-shifting programmes as key enabling factors in the transition to a green economy, as they can trigger eco-innovations that generate wealth and jobs and contribute to environmental improvement and reduced energy and resource consumption;
2016/12/16
Committee: ENVI
Amendment 33 #

2016/2306(INI)

Draft opinion
Paragraph 4 b (new)
4b. Recalls that a trend of growth in jobs in the eco-industry can be observed throughout the EU; highlights that further reductions in energy and resource use could lead to additional job creation, particularly in the sectors of insulation, heat pump technologies, electrically propulsed vehicles and water-efficient agricultural irrigation technologies, but also in the recycling and resource dependent sectors;
2016/12/16
Committee: ENVI
Amendment 35 #

2016/2306(INI)

Draft opinion
Paragraph 4 c (new)
4c. Welcomes the decision of the European Commission to establish a High Level Expert Group (HLEG) on sustainable finance; underlines that reforms for sustainable finance are necessary to support investment in clean technologies and their deployment, ensure that the financial system can finance growth in a sustainable manner over the long term and contribute to the creation of a low-carbon, climate resilient and circular economy, as set out in the Communication from the Commission "Capital Markets Union – Accelerating Reform" of 14 September 2016;
2016/12/16
Committee: ENVI
Amendment 37 #

2016/2306(INI)

Draft opinion
Paragraph 4 d (new)
4d. Notes that several of the projects approved for financing by the European Fund for Strategic Investments (EFSI) are oriented towards infrastructure and innovation in the environment and health sectors; underlines, however, the need to increase the availability of green funds through the EFSI;
2016/12/16
Committee: ENVI
Amendment 52 #

2016/2306(INI)

Draft opinion
Paragraph 5 a (new)
5a. Recommends once again that the principles of the circular economy should be integrated into country-specific recommendations.
2016/12/16
Committee: ENVI
Amendment 1 #

2016/2305(INI)

Draft opinion
Paragraph 1
1. Emphasises that a strong European gigabit society and the timely deployment of 5G technologies is the most inclusive path towards the realisation of the digital single market, since high-speed broadband can promote universal growth, particularly in rural areas, by providing them with the tools to participate in the age of the Internet of Things (IoT) at the same pace as urban areas, while they enjoy the competitive advantage of lower housing, food and education costs;
2017/02/16
Committee: IMCO
Amendment 30 #

2016/2305(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that a timely adoption of the European Electronic Communications Code is crucial to ensure legal certainty and predictability for telecom providers; stresses that the EECC should foster (infrastructure) competition;
2017/02/16
Committee: IMCO
Amendment 40 #

2016/2305(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Notes the importance of a European optical fibre network for universal broadband access, as a foundation for the Gigabit Society;
2017/02/16
Committee: IMCO
Amendment 42 #

2016/2305(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Underlines the importance of Satellite Communications in delivering ubiquitous 5G access, predominantly in remote areas, as a complement to terrestrial networks;
2017/02/16
Committee: IMCO
Amendment 48 #

2016/2305(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Highlights that the transformational role of 5G for business models and efficiency in many different areas is sector-specific; underlines the need to build partnerships between telecom operators and vertical industries, such as health, energy and media & entertainment;
2017/02/16
Committee: IMCO
Amendment 71 #

2016/2305(INI)

Draft opinion
Paragraph 8
8. Highlights the fact that according to the Commission the action plan to deploy 5G across the EU has the ‘potential to create two million jobs’ in spite of the current consistent but low growth and, which could potentially boost European economy and combat high unemployment rates, especially among young people;
2017/02/16
Committee: IMCO
Amendment 83 #

2016/2305(INI)

Draft opinion
Paragraph 10
10. Reaffirms its belief that a stronger and dynamic internal market may only be achieved through solid growth and increased employment, and the completion of a thriving digital single market is the fastest way to achieve growth and new, quality jobs.
2017/02/16
Committee: IMCO
Amendment 3 #

2016/2304(INI)

Draft opinion
Paragraph 1
1. NHighlights that Cohesion policy proved to be one the most important public tools in promoting growth and jobs and reducing regional disparities; notes with concern that in 2015 only 34 % of Europeans said that they had heard about projects co-financed by the EU to improve the area in which they live and that this proportion has remained unchanged since June 20101 ; therefore, there is an urgent need to improve communication strategies to citizens, considering the low awareness of the positive effects cohesion policies have in quality of life and economic growth, which is even more important in times of challenge by populism and spread negativity about the European project; __________________ 1 Flash Eurobarometer 423: Citizens’ awareness and perceptions of EU regional policy.
2017/03/10
Committee: EMPL
Amendment 22 #

2016/2304(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission, in close cooperation with the managing authorities, to monitor regularly that all legal provisions as regards information and communication are being implemented thoroughly in order to ensure transparency and the widespread dissemination of information about the achievements of the Funds, and paying special attention to groups of beneficiaries in vulnerable positions;
2017/03/10
Committee: EMPL
Amendment 26 #

2016/2304(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to improve the visibility of the European Structural and Investment Funds (ESIF) by communicating the European added value of the projects, particularly in terms of job creation and social integration; in this context, draws attention to the growing importance of social media as the main source of information among many citizens, and also the dissemination of anti-European propaganda on the internet; recommends the more intense use of social media to communicate the successes of cohesion policies and the opportunities related to their use;
2017/03/10
Committee: EMPL
Amendment 42 #

2016/2304(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to reduce the administrative burden on authorities and beneficiaries, without affecting necessary controls and audits, with a view to ensuring a better absorption rate, in particular for SMEs, which have created around 85 % of new jobs within the Union in the past five years, and micro- businesses and companies in remote rural areas in order to foster their capacity to create employment and add economic value;
2017/03/10
Committee: EMPL
Amendment 55 #

2016/2304(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the importance of the integration of refugees as an urgent policy matter in the aftermath of the refugee crisis. In this regard, insists on appropriate allocation of the funds, flexible use of funds, and more appropriate targeting of the risk groups, in order to mitigate the risk of exclusion and social tensions;
2017/03/10
Committee: EMPL
Amendment 57 #

2016/2304(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the Commission to analyse the real impact of investing EU funds during the previous programming period and to draw specific conclusions regarding the positive and negative experiences as a starting-point for adding value to the investment process;
2017/03/10
Committee: EMPL
Amendment 58 #

2016/2304(INI)

Draft opinion
Paragraph 6 c (new)
6c. Stresses that there is a particular need at EU and at Members States level to improve simplification for beneficiaries with more precise targeting to meet their needs. In this regard, the social partners and stakeholders could contribute to the identification of both good and bad practices and help in introducing simplification option in their Member States;
2017/03/10
Committee: EMPL
Amendment 68 #

2016/2304(INI)

Draft opinion
Paragraph 7 a (new)
7a. Underlines concerns regarding the exclusion of some regions or municipalities from financing due to the increase in public debt since this increase usually stems from the activities of the central authorities;
2017/03/10
Committee: EMPL
Amendment 10 #

2016/2274(INI)

Motion for a resolution
Recital C a (new)
C a. Whereas the Commission Communication acknowledges the value of open standards for innovation, better software re-usability and data portability, but fails to provide a definition of an "open" standard;
2017/02/16
Committee: IMCO
Amendment 11 #

2016/2274(INI)

Motion for a resolution
Recital C b (new)
C b. Whereas the facilitation of open source software and hardware licencing solutions could provide a competitive advantage to European companies on the world stage by making digital goods and services more innovative and flexible ;
2017/02/16
Committee: IMCO
Amendment 19 #

2016/2274(INI)

Motion for a resolution
Recital G
G. whereas ICT standards make it possible to develop interoperable solutions for complementary products and for the various parts of a particular product, which is particularly important for the development of the ‘internet of things’ (IoT), where the current standards fragmentation due to a large number of proprietary or semi-closed solutions is hindering the growth and take up;
2017/02/16
Committee: IMCO
Amendment 30 #

2016/2274(INI)

Motion for a resolution
Paragraph 3
3. Notes that standards are a voluntary, market-driven tool providing technical requirements and guidance that can help implement European legislation and policies when they are developed in a transparent and inclusive way, but stresses that the political decisions regarding the level of protection of health, safety and environment should be left to the legislatorin particular by ensuring that goods and services are compliant in their design with the law such as with regard to health, safety and environment or data protection;
2017/02/16
Committee: IMCO
Amendment 48 #

2016/2274(INI)

Motion for a resolution
Paragraph 5
5. Stresses that standards adopted by international organisations, especially ICT standards, are developed outside the scope of Regulation 1025/2012, and recommends the European Standardisation Organisations (ESOs) to endorse them only after an internal approval process involving representatives of Annex III organisations, especially for standards supporting European legislation;deleted
2017/02/16
Committee: IMCO
Amendment 57 #

2016/2274(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Urges the Commission to address the issues related to asymetries of information between SMEs and large companies, which hinder the ability of SMEs to enter licensing agreements on fair terms ;
2017/02/16
Committee: IMCO
Amendment 69 #

2016/2274(INI)

Motion for a resolution
Paragraph 11
11. Urges the Commission and the ESOs to produce a set of high-quality and interoperable standards to tackle the existing fragmentation which hinders the development of the digital technologies, which will contribute to the social, economic and environmental sustainability of ICT value chains and confirm commitment to the public interest of ensuring privacy and data protection;
2017/02/16
Committee: IMCO
Amendment 90 #

2016/2274(INI)

Motion for a resolution
Paragraph 14
14. Urges the Commission to clarify without delay the core elements of an equitable, effective and enforceable licensing methodology based onaround the FRAND principles (i.e. that ensure fair, reasonable, and non-discriminatory terms), taking into account the fair return on investment, a sustainable open standardisation process and the wide availability of technologies in an open and competitive market; Calls in addition on the Commission to timely deliver on its commitment to improve the definition of the information on patent scope, in particular measures to increase transparency and quality of standard essential patent declarations, and improve the quality of information on the application of SEPs to products, as lack of clarity and information constitute a real barrier for SMEs in the implementation of a standard ;
2017/02/16
Committee: IMCO
Amendment 148 #

2016/2274(INI)

Motion for a resolution
Paragraph 33
33. Invites the Commission to adopt an easy to use single point of access to standards that can provide assistance and information to the standards’ users on the available standards and their specifications, and that can help them find the standards that best match their needs, as well as guidance on the implementation of the standard;
2017/02/16
Committee: IMCO
Amendment 12 #

2016/2273(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission as chair of the "eGovernment Action Plan Steering Board" to report annually to the Parliament on the progress that has been made in implementing the eGovernment action plan;
2017/03/02
Committee: IMCO
Amendment 22 #

2016/2273(INI)

Motion for a resolution
Paragraph 3
3. Supports the intention that future initiatives should be based on the ‘digital by default’ principle, and stresses the importance of the once-only principle, which will make interaction with public administrations easier for citizens and businesses by avoiding unnecessary and time-consuming multiple administrative processes; calls on the Commission to report to the European Parliament on the results of the once-only large-scale pilot for businesses and to launch by end of 2017 a once-only large-scale pilot for citizens;
2017/03/02
Committee: IMCO
Amendment 26 #

2016/2273(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the idea of a single contact point which would allow citizens as well as businesses to obtain an overview of all relevant information through one single gateway, obtain assistance, access problem solving services and complete procedures through one single digital gateway, to be launched in 2017; calls on the Commission as part of this initiative to ensure that all Member states provide one single official e-services portal as a secured gateway to all their online services and the available EU interoperable services;
2017/03/02
Committee: IMCO
Amendment 35 #

2016/2273(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of ‘Open Data’, whereby certain public-sector information is freely available for use and reuse within and between public administrationby third parties, and reiterates that sharing data openly and inclusively would allow the further development and creation of new innovative solutions, boosting efficiency as well as transparency; Considers that more efforts should be done to implement coordinated open data strategies in both European institutions and Member states including the increase and faster release of data into the public domain, better quality of the data, easy access to data in machine readable formats and without restriction to its use and reuse and the possibility for third party users to make open-data requests;
2017/03/02
Committee: IMCO
Amendment 46 #

2016/2273(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Member States to make greater use of eProcurement by default when buying supplies and services or tendering public works, thus making public spending more transparent and efficient and leading to reduced costs and less bureaucracy; Calls in this regard on the Commission to facilitate exchange of best practices on the use of the innovation criteria in public tenders, in particular by making sure tenders do not preempt solutions but rather leave room for tenderers to propose innovative and open solutions ; calls on the Commission to continue its work on eInvoicing standards, eSubmission and eNotification;
2017/03/02
Committee: IMCO
Amendment 63 #

2016/2273(INI)

Motion for a resolution
Paragraph 14
14. Is aware that digitalisation and other challenges stemming from modernisation packages must be tackled in a context of budgetary constraints, and that, in particular, regional and local authorities still have an immense workload ahead of them in the coming yearwhich therefore require not only to adopt digital solutions based on open standards, thereby reducing maintenance costs and increasing innovation, but also to promote public-private partnerships to increase the take up of digital services and reduce costs for public administrations;
2017/03/02
Committee: IMCO
Amendment 71 #

2016/2273(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes the different initiatives of the European Commission to develop cross-border digital prescriptions, in particular with regard to interoperability and standardisation. Stresses however that the take up of these solutions is far too slow given the value and importance of such services for EU citizens. Calls on the Commission to ensure that the right framework is in place to foster trust between member states and accelerate the development of cross-border digital prescriptions, from data protection, security of data exchanges to the deployment of necessary digital infrastructure and services;
2017/03/02
Committee: IMCO
Amendment 82 #

2016/2273(INI)

Motion for a resolution
Paragraph 19
19. Points out that interoperability, open standards and open data are not only fundamental in a cross-border context but are also needed at the national, regional and local administrative levels in each Member State;
2017/03/02
Committee: IMCO
Amendment 84 #

2016/2273(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission and the other EU institutions to set an example in the area of eGovernment and to offer a transparent user-friendly gateway for citizens and businesses, and end-to-end digital services, in particular with regard to application for EU funding and public procurement;
2017/03/02
Committee: IMCO
Amendment 91 #

2016/2273(INI)

Motion for a resolution
Paragraph 22
22. Points out that, at the same time, data protection legislation should not be conceived as an obstacle but should, rather, be seen as a starting-point for the development of innovative eGovernment solutions, and therefore stresses the need for effective guidance on the application of the GDPR, as well as for a continuous exchange with stakeholders; Stresses in particular the need for recommendations by the Commission, within the implementation framework of the GDPR and the application of the privacy by design and by default, and data minimisation principles, on the development of decentralised databases relying on secured, encrypted and authenticated data exchange between public administrations, rather than centralised databases;
2017/03/02
Committee: IMCO
Amendment 92 #

2016/2273(INI)

Motion for a resolution
Paragraph 23
23. Notes that only 15 % of Europeans declare that they have the sense of complete control over the use of their personal data; considers it important to further explore the principle of data ownership, and to ensure in the development of eGovernment services that citizens remain owners of their personal data and are able to control who accesses their data and for which purpose, with adequate remedies in case of abuses ; trusts that future measures can build upon the Commission communication ‘Building a European data economy’ and other related proposals;
2017/03/02
Committee: IMCO
Amendment 96 #

2016/2273(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Member States to fully apply the eIDAS Regulation, as eSignature, eIdentification and eAuthentification are the underlying building blocks of cross- border digital public services; stresses in this respect that the adoption of these key enablers should be priorities of both the private and the public sector in the development of digital services; calls therefore on the Commission to take action to facilitate and promote public- private cooperation in the cross-border and cross-sector use of digital identification and signatures;
2017/03/02
Committee: IMCO
Amendment 9 #

2016/2272(INI)

Motion for a resolution
Recital D
D. whereas a usage-based economic model has emerged which can help to reduce the adverse environmental and social consequences of a model based largely on the ownership of goodconsequences;
2017/02/15
Committee: IMCO
Amendment 11 #

2016/2272(INI)

Motion for a resolution
Recital E
E. whereas jobs have been lost in many industrial sectors in Europe, and whereas there is a need, on the one hand, for some production to be relocated, and, on the other, to promote the repair sector in order to generate non-relocatable jobs;deleted
2017/02/15
Committee: IMCO
Amendment 17 #

2016/2272(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the majority of companies that provide repair services in Europe are SMEs;
2017/02/15
Committee: IMCO
Amendment 22 #

2016/2272(INI)

Motion for a resolution
Recital H
H. whereas, in a Eurobarometer survey conducted in June 2014, 77 % of EU consumers said that they would prefer to be able to have their goods repaired, rather than being forced to buy new ones; whereas the information provided to consumers on the durability and reparability of products still needs to be improved;
2017/02/15
Committee: IMCO
Amendment 25 #

2016/2272(INI)

Motion for a resolution
Recital I
I. whereas the decline in consumer confidence in product quality is detrimental to European companies, and whereas the Commission's proposal to extend the period covered by the presumption of conformity of goods to 24 monthsDirective for Online Sales of Goods proposal is a step in the right direction;
2017/02/15
Committee: IMCO
Amendment 47 #

2016/2272(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to establish minimum resistance criteria for each product category from the design stage, by working in the European Committee for Electrotechnical Standardisation (CENELEC) to lay down standards which cover product robustness, reparability, upgradeability, etc.Encourages the relevant industries to establish a voluntary scheme for creating standardised definitions of durability for given products, which cover product robustness, reparability, upgradeability, etc., and to engage with the European Committee for Electrotechnical Standardisation (CENELEC) for creating these industrial standards;
2017/02/15
Committee: IMCO
Amendment 94 #

2016/2272(INI)

Motion for a resolution
Paragraph 5 – indent 1
- by guaranteeing access to individual parts rather thanin addition to assemblies,
2017/02/15
Committee: IMCO
Amendment 171 #

2016/2272(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. -standardising information included in manuals regarding a product's durability, upgradeability, and reparability;
2017/02/15
Committee: IMCO
Amendment 195 #

2016/2272(INI)

Motion for a resolution
Paragraph 17 – indent 2
- by extending the legal guarantee of conformity beyond the current two-year minimum for families of energy-using products on the basis of the product life cycle study carried out as part of the ecodesign process, and introducing a minimum period of five years for large household appliances and movable fixed assets gradually, so that companies can comply,deleted
2017/02/15
Committee: IMCO
Amendment 6 #

2016/2271(INI)

Draft opinion
Recital A a (new)
A a. whereas digitalisation penetrates deeply into all parts of the industrial se-ctor's activities increasing its competitiveness with innovative and sustainable production of goods and services which drives economic growth creating jobs as well as playing a significant role in the European countries' prosperity;
2017/02/02
Committee: EMPL
Amendment 16 #

2016/2271(INI)

Draft opinion
Paragraph 1
1. Stresses that the digitisation of industry represents a major challenge in terms of the organisation of work as well as resulting in an emerging opportunity of creating a significant number of new jobs and therefore requires targeted responses regarding employment, social and education policies, as well as the provision of up-to-date infrastructure;
2017/02/02
Committee: EMPL
Amendment 26 #

2016/2271(INI)

Draft opinion
Paragraph 2
2. Notes the strong regional differences as regards the digitisation of industry, which have consequences on jobs, productivity and growth; calls, therefore, for efforts in developing digital infrastructure to be stepped up, particularly in regions lagging behind, and for universal accessaccess, where the digital infrastructure are not fully developed in such rural areas, to the open internet to be promoted;
2017/02/02
Committee: EMPL
Amendment 35 #

2016/2271(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States, in cooperation with social partners, to regularly assess the impact of digitisation on the quality, number and types of jobs and to consider not only the adjust related policies accordingly in case of having a clear negative impact but also a continued strengthening of the policies already considered as having positive effects on the labour market;
2017/02/02
Committee: EMPL
Amendment 45 #

2016/2271(INI)

Draft opinion
Paragraph 4
4. Recognises the opportunities related to the digitisation of industry; stresses, however, that new forms of work must comply wi the importance to ensure the attractiveness of new forms of work by implementing adequate flexibility in the labour and social legislation and guaranteemarket to foster real economic growth while ensuring the protection of workers’ and consumer rights;
2017/02/02
Committee: EMPL
Amendment 54 #

2016/2271(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission and the Member States to clarify the legal situation of platform workers and to guarantee all workers the same social rights, including the freedom of association, the right to conclude collective agreements and the right to organiseto uphold their social rights as well as the full respect of freedoms enshrined in the Treaties particularly the right of free movement;
2017/02/02
Committee: EMPL
Amendment 72 #

2016/2271(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to ensure universal access to training in digital skills, in order to allow equal participation of all citizens in the digital single market, be it as employees, entrepreneurs or customers; in this regards, highlights the importance of improving the matching between the industrial sector ´s labour requirements and the educational system at all educational levels in order to provide students with knowledge and skills required in knowledge society and for transition to a digitalised economy;
2017/02/02
Committee: EMPL
Amendment 84 #

2016/2271(INI)

Draft opinion
Paragraph 7
7. Stresses the need to identify potential occupational health and safety risksreach a balanced approach to define not only the potential occupational health and safety risks but also advantages such as flexibility and teleworking stemming from the digitisation of industry and to take appropriate measures.
2017/02/02
Committee: EMPL
Amendment 7 #

2016/2270(INI)

Motion for a resolution
Citation 12 a (new)
– having regard to the Communication from the Commission of 20 February 2013 "Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020",
2017/03/16
Committee: EMPL
Amendment 17 #

2016/2270(INI)

Motion for a resolution
Citation 18 a (new)
– having regard to its question for oral answer O-000087/2016 of 16 June 2016,
2017/03/16
Committee: EMPL
Amendment 27 #

2016/2270(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas income poverty is only a part of the overall concept of poverty, therefore poverty does not only refer to material resources, but also to social resources, notably education, health and access to services;
2017/03/16
Committee: EMPL
Amendment 39 #

2016/2270(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas reference budget better reflect the diversity of consumption patterns and costs of living across Member States than minimum incomes set as a certain percentage and can be used to more meaningfully compare minimum income support across Member States;
2017/03/16
Committee: EMPL
Amendment 49 #

2016/2270(INI)

Motion for a resolution
Recital D
D. whereas, according to the methodology developed by Eurostat, 120 million people in the European Union – some 25% of the total – are at risk of poverty and social exclusion; whereas this fact is accompanied by persistently high unemployment rates;
2017/03/16
Committee: EMPL
Amendment 54 #

2016/2270(INI)

Motion for a resolution
Recital D a (new)
Da. whereas having a job would protect someone from the risk of poverty and could be considered as a major indispensable means of social integration;
2017/03/16
Committee: EMPL
Amendment 183 #

2016/2270(INI)

Motion for a resolution
Paragraph 7
7. Recalls the opinion of the European Economic and Social Committee on ‘European minimum income and poverty indicators’ and supportnotes the proposal concerning a directive on adequate minimum income in the European Union, which should lay down common rules and indicators, provide methods for monitoring its implementation and improve dialogue between the individuals concerned, the Member States and the EU institutions; is of the view that a framework of this kind should be based on tangible factors and should bear in mind the social and economic context of each Member State; calls on the Commission and the Member States, in this regard, to evaluate the manner and the means of providing an adequate minimum income in all Member States;
2017/03/16
Committee: EMPL
Amendment 228 #

2016/2270(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need for Member States to take specific action to determine a minimum income threshold, based on relevant indicators, in order to safeguard social and economic cohesion and reduce the risk of poverty throughout the European Union; calls on the Council to express its views more firmly with regard to such action;deleted
2017/03/16
Committee: EMPL
Amendment 280 #

2016/2270(INI)

Motion for a resolution
Paragraph 18
18. Takes the view that a transitional job scheme is one of the most effective tools for improving workers’ employability in a labour market that is structurally imbalanced and to facilitate their transition from the state of being unemployed (especially long-term) to that of a private-sector employee; notes, moreover, that such schemes serve to promote non-inflationary economic growth as well as to combat unemployment and social exclusion;deleted
2017/03/16
Committee: EMPL
Amendment 18 #

2016/2269(INI)

Motion for a resolution
Recital A
A. whereas inequality can undermines social trust and erodes support for democratic institutionsoutcomes and access to labour market;
2017/07/07
Committee: EMPL
Amendment 19 #

2016/2269(INI)

Motion for a resolution
Recital A a (new)
A a. Whereas inequalities are understood both as the income gap among individuals and also as individuals' loss of opportunities, impeding the potential progress of the individual's abilities and skills, curbing their development and, consequently, their potential contribution to society;
2017/07/07
Committee: EMPL
Amendment 24 #

2016/2269(INI)

Motion for a resolution
Recital C
C. whereas inequality undermines growth and quality job creation16 , according to international institutions such as the IMF17 or the OECD18 ; _________________ 16 IMF (2017) Working Paper 17/76 Inequality Overhang. Grigoli, Francesco; Robles, Adrian. 17 IMF (2015), Causes and Consequences of Income Inequality: A Global Perspective. Staff Discussion Note SDN/15/13 Washington: International Monetary Fund http://www.imf.org/external/pubs/ft/sdn/20 15/sdn1513.pdf 18 OECD (2015) In It Together. Why Less Inequality Benefits All. OECD Publishing, Paris.
2017/07/07
Committee: EMPL
Amendment 26 #

2016/2269(INI)

Motion for a resolution
Recital C a (new)
C a. Whereas the OECD and the IMF have stated that too high and rising inequalities have direct social costs, hamper social mobility and can also hamper economic growth today and in the future;
2017/07/07
Committee: EMPL
Amendment 40 #

2016/2269(INI)

Motion for a resolution
Recital E
E. whereas increased inequality is associated with decreased social mobility, reduced human capabilities and limits on individual and collective freedom;
2017/07/07
Committee: EMPL
Amendment 61 #

2016/2269(INI)

Motion for a resolution
Recital H
H. whereas inequalities increased inwithin several Member States between 2008 and 2014 in terms of household disposable income, mainly in Mediterranean countries such as Spain, Greece, Portugal, or Cyprus19 ; _________________ 19 Eurofound (2017) Income inequalities and employment patterns in Europe before and after the Great Recession.
2017/07/07
Committee: EMPL
Amendment 88 #

2016/2269(INI)

Motion for a resolution
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, erode its legitimacy cand damage trust in the EU as an engine of social progress;
2017/07/07
Committee: EMPL
Amendment 104 #

2016/2269(INI)

Motion for a resolution
Paragraph 2
2. Firmly believes that the reduction of inequalities must be an institutionalone of the main priorityies at the European level in this very moment, not only in order to tackle poverty or to promote convergence, but also as the precondition for economic recovery, quality job creation and shared prosperity;
2017/07/07
Committee: EMPL
Amendment 112 #

2016/2269(INI)

Motion for a resolution
Paragraph 3
3. Highlights that reducing inequalities is essential to promote fairer andcan help promoting more stable democracies, marginaliseing populism and extremism and ensureing that Europe is a project embraced by all its citizens;
2017/07/07
Committee: EMPL
Amendment 122 #

2016/2269(INI)

Motion for a resolution
Paragraph 5
5. Asks the Commission and the Member States to evaluate the performance and outcomes of economic policy coordination, taking into account the evolution of social progress and social justice in the EU; warns that the European Semester has not been successful in the achievement of these aims and in reducing inequalities;
2017/07/07
Committee: EMPL
Amendment 156 #

2016/2269(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Calls on the Member States to continue their efforts and to encourage an adequate framework of measures which ensures public education, health, adequate public infrastructure and social services, among others that encourages equality of opportunities.Such framework should enable a well-functioning "social lift";
2017/07/07
Committee: EMPL
Amendment 167 #

2016/2269(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Calls for more equal economic trends without hampering incentives to free competition, entrepreneurship and innovation;
2017/07/07
Committee: EMPL
Amendment 169 #

2016/2269(INI)

Motion for a resolution
Subheading 2
Boosting qualitydecent job creation
2017/07/07
Committee: EMPL
Amendment 170 #

2016/2269(INI)

Motion for a resolution
Paragraph 10
10. Expresses its concern regarding the evolution of inequality in the EU after the crisis, which was largely driven by growing unemployment21 ;Understands unemployment as the main source of economic inequality.Despite the fact that it falls under Member States' competences, job-creation policies are the best option to increase productivity and raise competitiveness.Hence, believes that job-creation policies targeted towards the main unemployment pockets will not only homogenise unemployment rates across the Union but they will also help reduce differences in the incomes distribution; _________________ 21 Eurofound (2017) Income inequalities and employment patterns in Europe before and after the Great Recession.
2017/07/07
Committee: EMPL
Amendment 199 #

2016/2269(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls on the European Commission and Members States to complement Economic and Monetary Union with a fully-fledged European labour market;Believes that well- functioning labour markets and welfare systems are vital to the success of the European monetary union and are part of a broader convergence process towards more resilient economic structures within the euro area;
2017/07/07
Committee: EMPL
Amendment 203 #

2016/2269(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Calls on Members States to ensure better alignment of education and training with labour market needs across the EU, improving opportunities for mobility, improving recruitment and training strategies - particularly 'on the job' training and through targeted investment that will boost job creation and increase employment demand;
2017/07/07
Committee: EMPL
Amendment 204 #

2016/2269(INI)

Motion for a resolution
Paragraph 12 c (new)
12 c. Recalls that reskilling is one important element which enables to re- integrate people back into the labour market, helps to tackle long-term unemployment and to better match skills with jobs available;In addition, strongly supports anticipation of future skills' needs as well as fostering entrepreneurship and individual responsibility to meet demands of the labour market;
2017/07/07
Committee: EMPL
Amendment 210 #

2016/2269(INI)

Motion for a resolution
Paragraph 13
13. Expresses its concern about the increasing number of atypical work contracts and forms of non-stande in undeclared employmentwork linked with precarious working conditions, lower wages, exploitation and poorerlacking social security contributions, and rising inequality;
2017/07/07
Committee: EMPL
Amendment 229 #

2016/2269(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to present a proposal for a Framework Directive on decent working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, eliminating discrimination based on contractual status, ensuring a minimum number of working hours and facilitating decent working times and the right to negotiate schedulessocial partners to analyse if there is a need for common approach on decent working conditions for all forms of employment;
2017/07/07
Committee: EMPL
Amendment 240 #

2016/2269(INI)

Motion for a resolution
Paragraph 16
16. Expresses its concern regarding the negative effects of increasing automation due to the delay in adapting legislation, which threatens to exert downward pressure onAcknowledges the effects of increasing automation and the need to ensure the adequacy of the social protection systems and wages, especially affecting low and medium-skilled workers;
2017/07/07
Committee: EMPL
Amendment 272 #

2016/2269(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Believes that the intervention in the determination of wages is not a social measure but rather and economic one which comprise a potentially serious distortion for markets and could have pernicious effects on the economic growth;Believes in social dialogues and collective bargaining;
2017/07/07
Committee: EMPL
Amendment 276 #

2016/2269(INI)

Motion for a resolution
Subheading 4
Reinforcing trade unionLabour market reforms and workers' rights
2017/07/07
Committee: EMPL
Amendment 284 #

2016/2269(INI)

Motion for a resolution
Paragraph 20
20. Considers that regressive labour market reforms have weakened the representation and bargaining power of labour, undermined the fairness of collective bargaining relations, and increased the inequality of labour with respect to capital; expresses its concern at the repercussions of these labour market reforms on increased precarious working conditions and lower wageHighlights the necessity of labour market reforms and the need for a significant leap forward in the liberalisation, opening and unification of the markets of the future still under national control, such as energy markets, telecom markets, digital market and capital markets; highlights the job creation potential in these sectors;
2017/07/07
Committee: EMPL
Amendment 286 #

2016/2269(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission and the Members States to strengthenNotes the importance of adequate workers' rights and fostering the bargaining power of employees through structural reforms of labour markets, widening collective bargaining coverage, and promoting unionisationhere appropriate; Recognizes that national authorities' role will be to ensure and reinforce the right to syndicate as well as the strength and autonomy of both workers and employers unions when engaging in negotiations at any level;
2017/07/07
Committee: EMPL
Amendment 294 #

2016/2269(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Calls for implementation of Anti- discrimination policy that play a key role in ensuring equal employment opportunities and promoting social inclusion;calls on Members States to unblock the Anti-discrimination Directive;
2017/07/07
Committee: EMPL
Amendment 305 #

2016/2269(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Believes that welfare systems should act as a safety net, but also ensure there are incentives to work;
2017/07/07
Committee: EMPL
Amendment 308 #

2016/2269(INI)

Motion for a resolution
Paragraph 23
23. Calls onEncourages the Member States to reform their welfare systems (education, health, pensions and transfers) in order to achieve more effective redistribution and promote fairer distribution, taking into account the new social risks and vulnerable groups that have arisen from the social and economic challenges confronting socief appropriate in order to achieve better equality;
2017/07/07
Committee: EMPL
Amendment 333 #

2016/2269(INI)

Motion for a resolution
Paragraph 25
25. Affirms that universal access to public, solidarity-based and adequate retirement and old-age pensions must be granted to all; calls on the Commission to support Member States in strengthening public and occupational pension systems to provide an adequate retirement income well above the poverty threshold and to allow pensioners to maintain their standard of livingHighlights also the important role of work-related pension systems and individual pension savings as a way to ensure an adequate mix, in line with Members States' practices;
2017/07/07
Committee: EMPL
Amendment 344 #

2016/2269(INI)

Motion for a resolution
Paragraph 27
27. Considers that international trade has been an engine for growth in many countries, but also can be perceived as a source of inequalitiesbut that the benefits are not always well distributed; calls on the Commission and the Member State to promote fairercontinue promoting international trade agreements that respect European labour market regulations, while proteccontributing to quality employment and workers' rights and ensuring intra- European and national mechanisms for the compensation of workers and sectors negatively affected;
2017/07/07
Committee: EMPL
Amendment 350 #

2016/2269(INI)

Motion for a resolution
Paragraph 28
28. Considers that the current inequality of opportunities for children and young people hasmay have damaging consequences for their wellbeing and 'wellbecoming' as individuals, thereby contributing to the estrangement of European youth, especially those on the wrong side of the opportunity gap;
2017/07/07
Committee: EMPL
Amendment 352 #

2016/2269(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Considers that each and every EU citizen is subject to the right for equal opportunities and free to choose its own path to emancipation;Believes in the capacity of individuals to shape their own destiny and create their own opportunities;
2017/07/07
Committee: EMPL
Amendment 356 #

2016/2269(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission and the Member States to step up the fight against child poverty, ensuring the coordinated implementation of the Investment in Children Initiative through the Child Guarantee scheme;
2017/07/07
Committee: EMPL
Amendment 363 #

2016/2269(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Member States and the Commission to facilitate a common approach towards a National Child Basic Income to ensure that every child receives a minimum income, thereby helping to achieve the goals of the Europe 2020 Strategy on reducing poverty and the risk of social exclusion;
2017/07/07
Committee: EMPL
Amendment 381 #

2016/2269(INI)

Motion for a resolution
Paragraph 32
32. Considers that, despite existing legislation enshrining the principle of equal pay for work of equal value by male and female workers, there is still a gender pay gap and an even greater gender pension gap; calls on the Commission and, the Member States and social partners to address the gender gap challenge in pay and pensions;
2017/07/07
Committee: EMPL
Amendment 392 #

2016/2269(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to introduce legislation requiring Member States to publish tax rulings signed with large companies within a limited time- frameAsks the Member States to swiftly implement the Directive on Administrative Cooperation;
2017/07/07
Committee: EMPL
Amendment 394 #

2016/2269(INI)

Motion for a resolution
Paragraph 33 a (new)
33 a. Calls on the Commission and Member States to correct excessive interpersonal inequalities by supporting and encouraging most productive investments;recalls that for that objective taxation policies are crucial and that many Members States need a deep taxation reform.Calls on the Commission to monitor, advice, promote and prepare benchmarks in the light of the European Semester;
2017/07/07
Committee: EMPL
Amendment 14 #

2016/2244(INI)

Motion for a resolution
Recital D
D. whereas existing legislation covering franchising as a business model varies widely between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practices; regrets in that regard the underdevelopment of franchising that negatively affects growth, job creation, increase in the tax base, SME and entrepreneurship development as well as the acquisition of new capabilities and skills;
2017/02/08
Committee: IMCO
Amendment 17 #

2016/2244(INI)

Motion for a resolution
Recital D
D. whereas existing legislation covering franchising as a business model varies widely between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practicethe implementation of existing EU-level regulations, and the way in which national laws are applied to franchising as a business model varies widely between Member States, and the consequent lack of homogenous rules creates technical barriers which may discourage both franchisors and franchisees from expanding their activities across borders;
2017/02/08
Committee: IMCO
Amendment 19 #

2016/2244(INI)

Motion for a resolution
Recital D a (new)
D a. whereas franchising combines the advantages of increasing the distribution of goods and establishing a uniform network;
2017/02/08
Committee: IMCO
Amendment 20 #

2016/2244(INI)

Motion for a resolution
Recital D b (new)
D b. whereas franchising has been a successful business formula allowing for the rapid acquisition of new markets with limited investment and an increased chance of success for both franchisees and franchisors;
2017/02/08
Committee: IMCO
Amendment 27 #

2016/2244(INI)

Motion for a resolution
Recital G
G. whereas, in the context of the realisation of the digital single market, specific attention should be paid to the texpansions which have arisen between franchisors and franchisees with respect to of franchises into the domain of e-commerce, and the sharing of consumer data, since currentlyincreasing relevance of consumer data for the success of franchising business models, particularly as franchise agreements do not currently contain provisions on these subjects and thus lead to, leaving scope for unnecessary uncertainty and conflicts;
2017/02/08
Committee: IMCO
Amendment 37 #

2016/2244(INI)

Motion for a resolution
Paragraph 1
1. Considers that franchising can play an important role for the completion of the single market in the retail sector, franchising can play an important role, provided that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU, provided that homogenous standards are put in place, clarifying the rights and obligations of each party to a franchise contract, and removing technical barriers to cross- border trade;
2017/02/08
Committee: IMCO
Amendment 40 #

2016/2244(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Recalls that franchising is a contractual relationship between two legally independent businesses;
2017/02/08
Committee: IMCO
Amendment 41 #

2016/2244(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Underlines that parties to a franchising contract are vulnerable towards each other, with the franchisor facing the risk of losing the secrecy of its formula and the franchisee that of giving up part of its independence as regards its business decisions;
2017/02/08
Committee: IMCO
Amendment 47 #

2016/2244(INI)

Motion for a resolution
Paragraph 2
2. Emphasises that franchisees are often the weaker contracting party, as the franchise formula has normally been developed by the franchisor and franchisees tend to be financially weaker and less well-informed than the franchisor and therefore heavily dependent on the expertise of the franchisor;
2017/02/08
Committee: IMCO
Amendment 58 #

2016/2244(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission and Member States to promote and strengthen the creation of associations representing franchisees, and to make sure that their voices are heard, whenever policies or legislation are prepared that may affect them;
2017/02/08
Committee: IMCO
Amendment 67 #

2016/2244(INI)

Motion for a resolution
Paragraph 5
5. Emphasises that there is a persistent lack of information on the functioning of franchising in the retail sector and calls on the Commission to open a contact point for information on problems encountered by franchisors and franchisees, whilst guaranteeing the confidentiality of the information thus acquired;
2017/02/08
Committee: IMCO
Amendment 77 #

2016/2244(INI)

Motion for a resolution
Paragraph 7
7. Takes note ofWelcomes, in principle, the European Code of Ethics for Franchising, developed by the European Franchise Federation, but also notes that the Code has been unilaterally drawn up by franchisors and as a potentially efficient tool for promoting best practices in the franchise sector on a self-regulatory basis; notes, further, that the Code primarily represents the interests of franchisors, but also notes that the Code has met with fundamental criticism from franchisees pointing, inter alia, to the fact that the code preceding the 2016 revision of the Code was worded more strongly in respect of the commitments of the franchisor prior to its revision in 2016;
2017/02/08
Committee: IMCO
Amendment 80 #

2016/2244(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Regrets, however, that the Code only covers a small minority of franchises operating in the EU, as the majority of franchises belong neither to the EFF nor the national associations that have adopted it, and several Member States do not have national franchise associations;
2017/02/08
Committee: IMCO
Amendment 86 #

2016/2244(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Regrets the lack of homogeneity of the approach to franchise-specific laws between EU Member States, which can substantially hinder cross-border franchising;
2017/02/08
Committee: IMCO
Amendment 93 #

2016/2244(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to examine complaints it receives through a contact point or otherwise and to draw up a non-exhaustive list of unfair trading practices based on this information and to consider taking further action in order to better correct such market failures in relations between franchisors and franchisees;
2017/02/08
Committee: IMCO
Amendment 95 #

2016/2244(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to examine complaints it receives through a contact point or otherwise and to draw up a non-exhaustive listproposals for further action to improve the functioning of the franchise sector and prevent the occurrence of unfair trading practices based on this information;
2017/02/08
Committee: IMCO
Amendment 102 #

2016/2244(INI)

Motion for a resolution
Paragraph 11
11. PRegrets that the franchising market lacks transparency; points, in particular, to the need for correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, to be available in writing at least 15 working days prior to the signing of the agreement, and the introduction of a five-day cooling- off period after execution of the agreement;
2017/02/08
Committee: IMCO
Amendment 123 #

2016/2244(INI)

Motion for a resolution
Paragraph 16
16. Notes with concern the disputes arising about interonlinet sales, as they are vital in the digital market, whereasse constitute an increasingly important part of the franchise business model, but are not covered in traditional franchise agreements, which do not take into account the effect internet sales may have on exclusivity clauses, thus making it possible that in the area for which the franchisee has the right of exclusivity, customers may buy their products from the franchisor, even if they pick up the goodthe provisions set out in them; calls, therefore, for the inclusion of provisions relating to online sales in the franchisee’s shop agreements;
2017/02/08
Committee: IMCO
Amendment 125 #

2016/2244(INI)

Motion for a resolution
Paragraph 17
17. Requests the Commission to draft guidelines reflecting best practices on the functioning of franchising in the retail sector and the latest technological and market developments, such as internet sales; invites the Commission in this respect to make an analysis of the existing self-regulatory instruments as well as of legislative practices of Member States in the field of franchising in the retail sector and to submit its findings to Parliament, including recommendations for further action, focusing on the need for effective enforcement as well as on how to further develop the franchising market in the EU;
2017/02/08
Committee: IMCO
Amendment 17 #

2016/2243(INI)

Draft opinion
Paragraph 3
3. Urges the Commission to actively identify and remove existing barriers in the Single Market that currently prevent the advancement of digital services, including in the area of FinTech; calls on the Commission to present a FinTech Action Plan based on competitiveness, stability and consumer protection;
2017/02/10
Committee: IMCO
Amendment 25 #

2016/2243(INI)

Draft opinion
Paragraph 4 a (new)
4a. Believes that the completion of the Capital Market Union will help support the development of FinTechs and a true Single Market for financial products and services;
2017/02/10
Committee: IMCO
Amendment 27 #

2016/2243(INI)

Draft opinion
Paragraph 5
5. Regrets the lack of a commoStresses the scope for further improvements in the means that can be used for cross border payments; supports the development of such payment means within Europe an online banking payments systd regrets high degree of fragmentation of the online banking market in the EU and the lack of EU- wide, European owned, credit or debit card scheme; believes that this is essential for the well-functioning of the Capital Markets Union, and a crucial part of the Digital Single Market, fostering European e- commerce and cross-border competition in financial services; calls on the Commission to identify the steps ahead towards creating an environment supportive to the growth of such a system;
2017/02/10
Committee: IMCO
Amendment 33 #

2016/2243(INI)

Draft opinion
Paragraph 6
6. Underlines that the EBA’s guidelinesdraft Regulatory Technical Standards (RTS) on ‘strong paymentcustomer authentication’ should take FinTech and e- commerce practices into account; asks the EBA to revise its suggestions in order to avert a negative effect on online services; asks that risk- based security policies be taken into account.; supports the Commission in seeking further harmonised standards for financial services but at the same time stresses that innovation and new market entries must be taken into account in any future standard setting;
2017/02/10
Committee: IMCO
Amendment 36 #

2016/2243(INI)

Draft opinion
Paragraph 6 a (new)
6a. Building on the work of the eIDAS Regulation, calls on the Commission to further assess the framework for European e-ID schemes in order to ensure that they facilitate the supply of cross-border online financial services; asks furthermore the Commission to urgently assess the current regulatory barriers that hamper a wider use of e- identification techniques;
2017/02/10
Committee: IMCO
Amendment 41 #

2016/2243(INI)

Draft opinion
Paragraph 6 b (new)
6b. Reminds that that FinTech also includes regulatory technology (tech) and insurance tech; underlines that technology should be used to allow better and more efficient oversight by public authorities and that active access and exchange of data should be encouraged; at the same time stresses that, in case if a concern about an error or discrimination arises, decisions made through automated FinTech services should be subject to a complaint and review process as well as an appropriate rectification;
2017/02/10
Committee: IMCO
Amendment 45 #

2016/2243(INI)

Draft opinion
Paragraph 6 c (new)
6c. Stresses that FinTechs should be used as a means to increase financial stability in Europe; asks the Commission to analysis how FinTechs can help in this process;
2017/02/10
Committee: IMCO
Amendment 48 #

2016/2243(INI)

Draft opinion
Paragraph 6 d (new)
6d. Welcomes the creation of a FinTech taskforce within the Commission; stresses that any future policy proposals should address the concerns of consumer protection by FinTechs while not preventing the growth of this sector;
2017/02/10
Committee: IMCO
Amendment 50 #

2016/2243(INI)

Draft opinion
Paragraph 6 e (new)
6e. While welcoming the growth of crowd funding and peer-to-peer lending, believes that such schemes should be subject to at least minimum regulation in order to preclude its abuse and unfair commercial practices;
2017/02/10
Committee: IMCO
Amendment 51 #

2016/2243(INI)

Draft opinion
Paragraph 6 f (new)
6f. Underlines that cyber-security issues must be addressed in the planning stage of all FinTech initiatives and strong protective actions adopted to guarantee this infrastructure against cyber-attacks; asks the Commission and Member States to ensure that such measures are in place;
2017/02/10
Committee: IMCO
Amendment 52 #

2016/2243(INI)

Draft opinion
Paragraph 6 g (new)
6g. Recalls the Parliament’s report on virtual currencies and the potential benefit of distributed ledger technology (DLT) beyond VCs; asks the Commission to look into a possible DLT usages in FinTechs and other DSM schemes;
2017/02/10
Committee: IMCO
Amendment 53 #

2016/2243(INI)

Draft opinion
Paragraph 6 h (new)
6h. Notes the increase of robot financial advisors and welcomes this as it could decrease the barriers to market investments by consumers;
2017/02/10
Committee: IMCO
Amendment 54 #

2016/2243(INI)

Draft opinion
Paragraph 6 i (new)
6i. Takes note of the support some national financial regulators of regulatory “sandboxing” of new FinTech pilot projects; is of the view that a similar approach at the European level could be encouraged whilst, at the same time, ensuring that consumers, if they are part of such pilot project, are made aware of related risks;
2017/02/10
Committee: IMCO
Amendment 55 #

2016/2243(INI)

Draft opinion
Paragraph 6 j (new)
6j. Stresses that consumers are the driving force behind the rise of FinTechs; underlines the goal of any future legislative changes should be to support consumers in this transformation;
2017/02/10
Committee: IMCO
Amendment 56 #

2016/2243(INI)

Draft opinion
Paragraph 6 k (new)
6k. Underlines that ‘Know-Your- Customer’ rules should take into account remote verification so as to allow for better access for consumers to cross border FinTech services;
2017/02/10
Committee: IMCO
Amendment 57 #

2016/2243(INI)

Draft opinion
Paragraph 6 l (new)
6l. Supports the use of big data in, among others, risk management by FinTech; notes the increase use of “digital/data onboarding” for use by FinTech companies; underlines, however, that data protection measures must be taken and consumer should be given a choice in how data is used and collected in line with the GDPR;
2017/02/10
Committee: IMCO
Amendment 58 #

2016/2243(INI)

Draft opinion
Paragraph 6 m (new)
6m. Believes that data portability must be part of FinTech services in order to ensure that consumers are not locked into one service provider or product; additionally asks the Commission to analyse the benefits of greater application programming interface (API) access for FinTech companies allowing supplementary services for consumers;
2017/02/10
Committee: IMCO
Amendment 59 #

2016/2243(INI)

Draft opinion
Paragraph 6 n (new)
6n. Notes that financial passporting could allow FinTech services to be offered across Europe while being subject to the regulator control of a single Member State;
2017/02/10
Committee: IMCO
Amendment 31 #

2016/2228(INI)

Motion for a resolution
Recital A
A. whereas the EU is a global actor; whereas there has been a longstanding engagement of the EU in the Arctic based on history, geography, economy and research; whereas three of its Member States - Denmark, Finland and Sweden - are Arctic countries;
2016/11/14
Committee: AFETENVI
Amendment 41 #

2016/2228(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Arctic faces unique social, environmental and economic challenges;
2016/11/14
Committee: AFETENVI
Amendment 42 #

2016/2228(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the European Arctic has sparse populations, spread over a wide area which is characterised by a lack of transport links, such as road, rail and east-west flight connections; whereas the European Arctic suffers from underinvestment;
2016/11/14
Committee: AFETENVI
Amendment 45 #

2016/2228(INI)

Motion for a resolution
Recital D
D. whereas interest in the Arctic and its resources is increasing because of the changing environment of the area, and resource scarcity; whereas the region’s geopolitical importance is growing; whereas climate change effects and growing competition for access to the Arctic and natural resources, and increasing economic activities have brought (security) risks to the region, including challenges to environment and to human security, but also new opportunities; whereas as a result of climate change new navigation routes will open andcould facilitate access to new fishing grounds and natural resources will become available resulting in an increase ind human activity in the region;
2016/11/14
Committee: AFETENVI
Amendment 77 #

2016/2228(INI)

Motion for a resolution
Recital H
H. whereas three EU Member States (Denmark, Finland and Sweden) are full members of the eight-member AC, and seven others (France, Germany, Italy, the Netherlands, Poland, Spain and the United Kingdom) are observers; whereas the EU is seeking to upgrade its statuslooks forward to the final implementation of its formal status as an observer in the AC;
2016/11/14
Committee: AFETENVI
Amendment 79 #

2016/2228(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas environmental protection and sustainable development are the two main tenets of the Ottawa declaration that laid the foundation for the Arctic Council in 1996;
2016/11/14
Committee: AFETENVI
Amendment 93 #

2016/2228(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas temperature in the Arctic is increasing about twice the rate as the global average;
2016/11/14
Committee: AFETENVI
Amendment 119 #

2016/2228(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the joint communication as a positive step towards an integrated EU policy on Arctic matters, identifying 39 specific areas of action, and towards developing a more coherent framework for EU action with a focus on the European Arctic; stresses the need for more coherence between the EU’s internal and external policies as regards Arctic matters; reiterates its call for a comprehensive strategy and a concretised action plan on the EU’s engagement in the Arctic;
2016/11/14
Committee: AFETENVI
Amendment 121 #

2016/2228(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Welcomes the communication's three priority areas, namely climate change, sustainable development and international cooperation;
2016/11/14
Committee: AFETENVI
Amendment 127 #

2016/2228(INI)

Motion for a resolution
Paragraph 2
2. Underlines the importance of at the United Nations Convention on the Law of the Sea (UNCLOS in) providing a complementary multilateral legal framework for settles the legal framework for all ocean activities, including intra- the Arctic sovereignty issues;, and notes that only very few unresolved issues of jurisdiction exist in the Arctic; considers respect for international law in the Arctic essential; advocates a strong role for the EU in promoting an effective multilateral arrangements and a global rules-based order through the strengthening and consistent implementation of relevant international, regional and bilateral agreements, and frameworks and arrangements; underlines that the EU should have a strongpositive role in reaching anpromoting and supporting agreements to maintain the Arctic, which is not under any country’s jurisdiction, as an area of common heritage to be used exclusively for peaceful and scientific purposes; notes that this does not concern navigation and trahat strengthen the management of biodiversity and environment in areas beyond national jurisdictional livelihoods in the Arctic Ocean;
2016/11/14
Committee: AFETENVI
Amendment 154 #

2016/2228(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission and the Member States to take a stronger role in the effective implementation of international conventions such as the Paris Agreement, the Minimata Convention, the Convention on Long-Range Transboundary Air Pollution, the Gothenburg Protocol, the Stockholm Convention and, the Convention on Biological Diversity and the International Polar Code; asks the Commission to pay special attention to the ongoing international process by the Persistent Organic Pollutants Review Committee to further restrict the use of persistent organic pollutants;
2016/11/14
Committee: AFETENVI
Amendment 163 #

2016/2228(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission and the Member States to step up their efforts within the EU legislative framework by agreeing on ambitious reduction targets in the negotiations on the National Emission Ceilings Directive, by reducing local pollution levels through the Clean Air Package in order to reduce long-range pollution and particularly soot, and by negotiating ambitious greenhouse gas emission reduction targets and measures on both the emission trading and effort- sharing sectors, bearing in mind the target of limiting the temperature increase to 1.5°C by 2100;
2016/11/14
Committee: AFETENVI
Amendment 168 #

2016/2228(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the Commission's intention to channel ESIF funds in mainstreaming climate action in the Arctic, taking into account the local circumstances and special nature of the Arctic regions;
2016/11/14
Committee: AFETENVI
Amendment 170 #

2016/2228(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Stresses that the increasing use of the natural resources in the Arctic shall be conducted in a way which respects and benefits the local populations and takes full environmental responsibility for the fragile Arctic environment; believes that this strategic choice is integral for ensuring legitimacy and local support for the EU's Arctic engagement;
2016/11/14
Committee: AFETENVI
Amendment 215 #

2016/2228(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Underlines the importance of accessibility of the Arctic region to the TEN-T network as well as the potential of EU funding, such as CEF and EFSI, in financing infrastructure projects in European Arctic; notes EIB's prominent role in this regard;
2016/11/14
Committee: AFETENVI
Amendment 217 #

2016/2228(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recognises the importance of continuous and sufficient funding for the Northern Sparsely Populated Areas in tackling permanent handicaps such as sparse population, harsh climate conditions and long distances;
2016/11/14
Committee: AFETENVI
Amendment 220 #

2016/2228(INI)

Motion for a resolution
Paragraph 8
8. Encourages close cooperation between EU Institutions and relevant EU Member States on Arctic issues; invites those Member States that are full members of the AC to keep the other Member States and the HR informed of any matter of common interest in the AC in accordance with Article 34(2) of the Treaty on the European Union;
2016/11/14
Committee: AFETENVI
Amendment 228 #

2016/2228(INI)

Motion for a resolution
Paragraph 9
9. Stresses the need for the EU to engage with all Arctic partners in policy dialogue; calls for improved coordinperation between the EU, the AC, the Barents Euro- Arctic Council and other bodies involved in cooperation in the High North;
2016/11/14
Committee: AFETENVI
Amendment 236 #

2016/2228(INI)

Motion for a resolution
Paragraph 10
10. Reconfirms its support for observer status of the EU in the AC; is convinced that the upgrading of the EU’sfull implementation of the EU’s formal observer status would reinforce the political and institutional role of the AC in tackling Arctic matters;
2016/11/14
Committee: AFETENVI
Amendment 325 #

2016/2228(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that science is, indisputably, the underlying basis for policy-making in the Arctic;
2016/11/14
Committee: AFETENVI
Amendment 332 #

2016/2228(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the Commission’s commitment to at least maintaining the level of funding for Arctic research in Horizon2020, and particularly its intention to support the deployment of innovative technologies; calls on the Commission to increase the EU funding for Arctic research in the post-2020 Multi-Annual Financial Framework (MFF);
2016/11/14
Committee: AFETENVI
Amendment 339 #

2016/2228(INI)

Motion for a resolution
Paragraph 21
21. Given that better knowledge of the Arctic is key to adequately meeting all challenges, encourages the promotion and facilitation of international scientific and research cooperation among all stakeholders active in the field of Arctic research and in establishing research infrastructures; supports cooperation between leading Arctic research institutions to develop an integrated European polar research programme under the EU-PolarNet initiative; notes that the Commission has invited for an international Arctic science conference to be held in Europe in 2018;
2016/11/14
Committee: AFETENVI
Amendment 4 #

2016/2222(INI)

Draft opinion
Paragraph 1
1. Notes the increased use of palm oil in processed food, with some 50 % of packaged goods now containing palm oil, and as a biofuel; calls for clear and transparent labelling of palm oil in processed goods;
2016/11/21
Committee: AGRI
Amendment 13 #

2016/2222(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that rapeseed has become increasingly important as a source of energy for the production of biofuels and plays an important role as a protein-rich animal feed that can replace genetically- modified soybeans in animal feeding; emphasizes to distinguish between palm oil imported from third countries and rape seed oil produced in Europe in order to decrease dependence on global imports of soybean, reduce greenhouse gas emissions and support the European agricultural market;
2016/11/21
Committee: AGRI
Amendment 35 #

2016/2222(INI)

Draft opinion
Paragraph 2
2. Notes the alarming scale of deforestation driven by palm oil; notes that palm oil is an importantcan be a driver of deforestation for commercial agriculture, where extremely biodiverse tropical forest is being converted to monocultural palm oil plantations;
2016/11/21
Committee: AGRI
Amendment 86 #

2016/2222(INI)

Draft opinion
Paragraph 5
5. Is concerned that the EU certification schemes do not guarantee genuinely sustainable palm oil, notably certified sustainable palm oil (CSPO) certification, which is not effective in ensuring relevant standards and compliance therewithystem for the sustainability of biofuels is not fully reliable and may not ensure a sustainable palm oil production;
2016/11/21
Committee: AGRI
Amendment 120 #

2016/2222(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission and the Member States to establish a regulatory framework ofsupport effective, strong and enforceable measures to guarantee that all actors throughout the supply chain, including EU financial institutions and the investments and loans they provide, are not involved inEuropean demand for palm oil does not contribute to further deforestation;
2016/11/21
Committee: AGRI
Amendment 139 #

2016/2222(INI)

Draft opinion
Paragraph 8
8. Calls for the phasing-out of all land-based biofuels, such as palm oil biodiesel, that drive deforestation and compete against food production for land or do not significantly reduce greenhouse gas emissionsto support further development of next generation biofuels in order to avoid feed stock based biofuels in the future;
2016/11/21
Committee: AGRI
Amendment 13 #

2016/2221(INI)

Draft opinion
Recital B a (new)
B a. whereas age structural agricultural sector creates concern since from 2010 only 7.5% of farmers were under 35 years old and more than 4.5 million of those now running farms are aged over 65; whereas in the period 2000- 2012, 4.8 million full-time jobs were lost in the EU agricultural industry, 70% of which were in the new Member States and 93% were self-employed, and whereas, in that connection, it is difficult to accurately assess the number of people employed in agriculture since 'illegal' employment is, by its very nature, not included in the available data1a ; _________________ 1aEuropean Commission-Directorate General for Agriculture and Rural Development. 2014 Management Plan (July)
2016/12/07
Committee: AGRI
Amendment 23 #

2016/2221(INI)

Motion for a resolution
Citation 13 a (new)
- having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
2017/02/22
Committee: EMPL
Amendment 37 #

2016/2221(INI)

Draft opinion
Paragraph 1
1. Stresses that farmers and farm workers are, by virtue of their profession, exposed to a range of external factors, such as price and market fluctuations, imbalances in agrifood chain o or even unpredictable weather, that make employment prospects precarious and insecure; considers that the Commission and the Member States must encourage the use of income-stabilisation and risk- management tools;
2016/12/07
Committee: AGRI
Amendment 43 #

2016/2221(INI)

Draft opinion
Paragraph 2
2. Draws attention to the specific case of seasonal workers, whose working conditions are particularly precarious; understands ‘seasonal workers’ to be workers who have entered into open-ended or fixed-term employment contracts, the duration and renewal of which are contingent to a major degree on seasonal factors, such as the changing weather, public holidays and/or the timing of harvests; calls on the Commission andto promote protection rights of seasonal workers as well as the Member States to regulate the social and legal status of seasonal workers and to provide them with social security cover; emphasizes the need to provide all seasonal workers with a comprehensive information on employment and social security rights, including pensions, taking into account also a cross-border nature of seasonal work;
2016/12/07
Committee: AGRI
Amendment 55 #

2016/2221(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Calls to the Commission together with the Members States to explore schemes to give seasonal workers long- term employment such as the implementation of pluriactivity contracts across the EU, or even via a European Agreement;
2016/12/07
Committee: AGRI
Amendment 57 #

2016/2221(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Calls on the Member States to transpose Directive 2014/36/EU on seasonal workers into national legislation; calls on the Commission together with Members States to address the cases of immigrants´ exploitation in agricultural sector in those regions where farm workers work for almost no money and live in deplorable conditions; draws the attention of the possible "inefficiency" of labour market intermediaries, allowing the increase of influence of gangmaster agencies operating at the limits of or even outside the existing rules;
2016/12/07
Committee: AGRI
Amendment 61 #

2016/2221(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Draws the attention to the increasingly high standards of professional competence required by agricultural sector and, therefore, the need to raises a real question about the content of vocational training to ensure a better qualification and employability of workers;
2016/12/07
Committee: AGRI
Amendment 78 #

2016/2221(INI)

Motion for a resolution
Recital D a (new)
Da. whereas women account for 46% of the EU’s labour force and are particularly vulnerable to job insecurity as a result of discrimination, including in the area of pay, and whereas women earn around 16% less than men in the EU;
2017/02/22
Committee: EMPL
Amendment 78 #

2016/2221(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to put into practice the recommendations set out in the Andrieu report (‘How can the CAP improve job creation in rural areas?’), which was adopted by Parliament on 27 October 2016, and in particular that concerning the mobilisationo promote and maximize the full capacity of funds from the EAFRD in an effort to develop a genuine social economy in rural areas;
2016/12/07
Committee: AGRI
Amendment 87 #

2016/2221(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States to emphasisestrengthen the role thatof the social partners and, social protection agencies should playas well as to provide effective instruments, including adequate inspections and controls, in rural areas in combating undeclared work and improving safety and well-being at work, with a view to integrating all types of farm worker, particularly young people and women, even - and above all - those engaged in seasonal work.
2016/12/07
Committee: AGRI
Amendment 195 #

2016/2221(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that the economic crisis has given rise to migratory flows within the EU that have highlighted existing barriers to the free movement of persons between Member States and discrimination on the basis of nationality, exposing EU citizens to a situation of job insecurity;
2017/02/22
Committee: EMPL
Amendment 311 #

2016/2221(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission and the Member States to ensure effective protection to workers especially affected by uncertainty and precariousness, giving special priority to women workers, young workers, older workers, workers in the informal economy, migrant workers and workers with disabilities; urges the Commission and the Member States to take effective action to combat discrimination against women in the labour market, with particular emphasis on work-life balance and eliminating the gender pay gap;
2017/02/22
Committee: EMPL
Amendment 3 #

2016/2204(INI)

Motion for a resolution
Citation 4 a (new)
- having regard to Council Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security,
2016/11/21
Committee: AGRIFEMM
Amendment 4 #

2016/2204(INI)

Motion for a resolution
Citation 4 b (new)
- having regard to Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
2016/11/21
Committee: AGRIFEMM
Amendment 22 #

2016/2204(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas education is a fundamental tool for fostering the value of equality, and it should be promoted across the board, not only in schools but also in vocational training, and especially in training focusing on the primary sector;
2016/11/21
Committee: AGRIFEMM
Amendment 48 #

2016/2204(INI)

Motion for a resolution
Recital G
G. whereas it is necessary to maintain a sustainable and vibrant farming sector as the fundamental economic, environmental and social basis of rural areas, which contributes to rural development, food production, biodiversity and the creation of jobs;
2016/11/21
Committee: AGRIFEMM
Amendment 62 #

2016/2204(INI)

Motion for a resolution
Recital I a (new)
I a. whereas it is important to support and promote the participation of women in the agri-food value chain, since their role is mainly concentrated in production and processing;
2016/11/21
Committee: AGRIFEMM
Amendment 63 #

2016/2204(INI)

Motion for a resolution
Recital I a (new)
I a. whereas the support of diversification measures can create an additional source of income for women on farms;
2016/11/21
Committee: AGRIFEMM
Amendment 81 #

2016/2204(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas women’s contribution to incomes in rural areas is not sufficiently visible or recognised, given the status that women normally have in rural farms and businesses and the lack of statistical tools to assess it;
2016/11/21
Committee: AGRIFEMM
Amendment 85 #

2016/2204(INI)

Motion for a resolution
Recital L
L. whereas about 30 % of farm holdings in the EU are managed by women, laments nevertheless that women in rural areas have limited access to farmland ownership and the labour market; whereas fully recognising the role played by women in agriculture also involves increasing the proportion of farms managed or co-managed by them and facilitating their access to farmland ownership;
2016/11/21
Committee: AGRIFEMM
Amendment 88 #

2016/2204(INI)

Motion for a resolution
Recital L a (new)
La. whereas women’s access to farm ownership or co-ownership should be promoted through European programmes as a means of giving them access to all labour, social and economic rights;
2016/11/21
Committee: AGRIFEMM
Amendment 89 #

2016/2204(INI)

Motion for a resolution
Recital L b (new)
Lb. whereas gradually including women in ownership or co-ownership will facilitate their access to the labour, social and economic rights to which they are entitled and improve knowledge, visibility and recognition of their contribution to the economy and incomes in rural areas, in both jobs that are directly linked to farming and domestic activities that provide stability for family farms;
2016/11/21
Committee: AGRIFEMM
Amendment 117 #

2016/2204(INI)

Motion for a resolution
Recital P
P. whereas women in rugeneral areas also suffer from paid 16% less than men per hour of work and the gender pay andgap in pension gapstands at 41.1%; whereas the pay gap in rural areas is 10% wider than in other areas;
2016/11/21
Committee: AGRIFEMM
Amendment 134 #

2016/2204(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Emphasises the need to support a wide spectrum of rural business initiatives, particularly in agri-tourism; in view of the growing interest in this type of tourism, considers that a network of businesses in this sector should be formed and best practice shared;
2016/11/21
Committee: AGRIFEMM
Amendment 139 #

2016/2204(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Member States and European authorities to review their statistical plans so as to include mechanisms measuring the overall contribution of women to rural income and the rural economy;
2016/11/21
Committee: AGRIFEMM
Amendment 144 #

2016/2204(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Hopes that a better understanding of the situation of women in rural areas resulting from this measure will allow a medium-term development of a European Charter for Women Farmers defining this concept, identifying direct and indirect forms of discrimination against women in rural areas and positive discrimination measures to eliminate them;
2016/11/21
Committee: AGRIFEMM
Amendment 151 #

2016/2204(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Stresses that European primary sector support and income diversification programmes should take gender into account and progressively foster equal representation in European agricultural policy bodies;
2016/11/21
Committee: AGRIFEMM
Amendment 162 #

2016/2204(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the European Commission to promote women's access to the ownership or co-ownership of farms as a form of positive discrimination for access to European rural assistance programmes and income diversification in rural areas;
2016/11/21
Committee: AGRIFEMM
Amendment 169 #

2016/2204(INI)

Motion for a resolution
Paragraph 3
3. Encourages the Member States, in the light of the conditionalities as regards equality between women and men and non- discrimination, to make greater and more synergistic use of the instruments available under the EAFRD, Leader+, Horizon 2020 and the ESF for creating better living and working conditions in rural areas and to raise awareness of all possibilities offered to women in such areas under existing legislation;
2016/11/21
Committee: AGRIFEMM
Amendment 172 #

2016/2204(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recommends the progressive inclusion of equality modules in specialist agricultural training programmes, and in the development of teaching materials, promoting public campaigns for equality in rural areas and focusing on the importance of equality at rural schools;
2016/11/21
Committee: AGRIFEMM
Amendment 182 #

2016/2204(INI)

Motion for a resolution
Paragraph 4
4. Encourages the Member States to encourage the participation of female spouses or other family members in the joint management of farms, facilitating their access to farm ownership or co- ownership;
2016/11/21
Committee: AGRIFEMM
Amendment 193 #

2016/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on the Commission, together with the Member States to promote a legislative framework for joint ownership of access at EU level, possibly by means of a statute for women in agricultural and rural areas since most women are classified as the holder´s spouse, corresponding to 80.1% of all spouses in 20071a ; _________________ 1aEuropean Commission (2012), ‘Agricultural Economic Briefs. Women in EU agriculture and rural areas: hard work, low profile’, Brief No 7 – June 2012.
2016/11/21
Committee: AGRIFEMM
Amendment 205 #

2016/2204(INI)

Motion for a resolution
Paragraph 5
5. Encourages the Member States to promote equality between women and men in the management bodies and representation of all types of organisations, associations and public institutions and to consider the progressive implementation of this principle regarding access to aid or subsidies under European programmes for the primary sector, innovation or income diversification in rural areas;
2016/11/21
Committee: AGRIFEMM
Amendment 208 #

2016/2204(INI)

Motion for a resolution
Paragraph 5
5. Encourages the Member States to promote equality between women and men in the management bodies and representation of all types ofproducer organiszations and producers cooperatives, associations and public institutions;
2016/11/21
Committee: AGRIFEMM
Amendment 232 #

2016/2204(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission, together with the Member States, to improve conditions for women in rural areas, and to provide not only adequate informational material on support possibilities specifically aimed at women farmers and women in rural areas, but also access to education and credit and the need for strategies to encourage and support women's entrepreneurial initiatives as they can provide women with the confidence they need to start their own businesses, while also promoting the establishment of associations and the provision of wide-ranging professional diversification advice;
2016/11/21
Committee: AGRIFEMM
Amendment 236 #

2016/2204(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission, together with the Member States, to improve conditions for women in rural areas, and to provide not only adequate informational material on support possibilities specifically aimed at women farmers and women in rural areas, to support visibility and awareness-raising campaigns about their rights but also access to education and credit, while also promoting the establishment of associations and the provision of wide-ranging professional diversification advice;
2016/11/21
Committee: AGRIFEMM
Amendment 241 #

2016/2204(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Calls on the Commission to improve CAP monitoring, data collection and evaluation indicators to identify women's 'invisible' work engagement in family and social life, and to disaggregate, where possible, indicators by gender and so not only at the registration, but also at the evaluation level;
2016/11/21
Committee: AGRIFEMM
Amendment 257 #

2016/2204(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Member States to facilitate access to credit and land for women in rural areas in order to enable them to participate in farmland management;
2016/11/21
Committee: AGRIFEMM
Amendment 263 #

2016/2204(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Encourages the Member States to hold discussions at EU level about a clear model for agricultural structures since the problem of land grabbing and land concentration in Europe undermines the access of women rural to land;
2016/11/21
Committee: AGRIFEMM
Amendment 284 #

2016/2204(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Encourages local and national authorities and other institutions to guarantee the fundamental human rights of migrant and seasonal workers and their families, especially to women and particularly vulnerable people, and to foster their integration in the local community;
2016/11/21
Committee: AGRIFEMM
Amendment 288 #

2016/2204(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Calls upon the Commission and the national authorities to develop information databases and networks at Member State level in order to register and raise awareness about the economic and social situation of women in rural areas;
2016/11/21
Committee: AGRIFEMM
Amendment 295 #

2016/2204(INI)

Motion for a resolution
Paragraph 9 b (new)
9 b. Calls on the Commission, the Member States and regional and local authorities to support projects and offer advice, especially addressed to women, on creating innovative agricultural activities in rural areas in order to enhance their competitiveness in agriculture and provide new jobs;
2016/11/21
Committee: AGRIFEMM
Amendment 18 #

2016/2182(DEC)

Draft opinion
Paragraph 8 a (new)
8 a. Recommends the Agency to develop impact indicators; believes that such impact indicators are essential tools in order to measure the effectiveness of the Agency;
2016/12/14
Committee: ENVI
Amendment 7 #

2016/2175(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Recommends the Centre to come forward with a joint strategy document, borrowing from the experience of other Union agencies, which should include monitoring indicators on staff development and outsourcing policy;
2016/12/14
Committee: ENVI
Amendment 9 #

2016/2175(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Underlines that the Centre should continue promoting dialogue with stakeholders and citizens and incorporate it as part of the priorities and activities to be implemented;
2016/12/14
Committee: ENVI
Amendment 10 #

2016/2175(DEC)

Draft opinion
Paragraph 5 c (new)
5 c. Recommends the Centre to develop impact indicators; believes that such impact indicators are essential tools in order to measure the effectiveness of the Centre;
2016/12/14
Committee: ENVI
Amendment 13 #

2016/2174(DEC)

Draft opinion
Paragraph 6
6. Believes that the Authority should continue paying special attention to public opinion as well as analyse and address criticism, and commit itself, as much as possible, to openness and transparency; welcomes, in this respect, that in 2015, the Authority successfully tested its new methodological approach to the use of scientific evidence; also welcomes, in this context, the improvements in sharing data by opening up the data warehouse of the Authority to a growing number of stakeholders; encourages the Authority to further progress on this path;
2016/12/14
Committee: ENVI
Amendment 16 #

2016/2174(DEC)

Draft opinion
Paragraph 6 a (new)
6 a. Believes that the Authority should conduct a survey focused on NGOs, in order to better understand the existing obstacles to a fruitful cooperation, as recommended in the latest external evaluation of the Authority, conducted in 2012;
2016/12/14
Committee: ENVI
Amendment 26 #

2016/2174(DEC)

Draft opinion
Paragraph 8 a (new)
8 a. Believes that the Authority should continue encouraging stakeholders and citizens to participate regularly and to provide input at defined interaction points throughout the development of scientific outputs, including for regulated products, as stated in the EFSA Strategy 2020;
2016/12/14
Committee: ENVI
Amendment 27 #

2016/2174(DEC)

Draft opinion
Paragraph 8 b (new)
8 b. Underlines that the Authority should start reviewing the five existing impact indicators and also develop new ones; believes that such impact indicators are essential tools in order to measure the effectiveness of EFSA;
2016/12/14
Committee: ENVI
Amendment 28 #

2016/2174(DEC)

Draft opinion
Paragraph 8 c (new)
8 c. Stresses that the Authority should monitor the professional attractiveness of EFSA for external experts in order to maintain a high quality for scientific outputs;
2016/12/14
Committee: ENVI
Amendment 29 #

2016/2174(DEC)

Draft opinion
Paragraph 8 d (new)
8 d. Believes that the Authority should endeavour to limit the traveling time for experts and by promoting the use of IT tools such as interactive video- conferences or webinars;
2016/12/14
Committee: ENVI
Amendment 16 #

2016/2169(DEC)

Draft opinion
Paragraph 7 a (new)
7 a. Underlines that the Agency should continue promoting dialogue with stakeholders and citizens and incorporate it as part of the priorities and activities to be implemented;
2016/12/14
Committee: ENVI
Amendment 17 #

2016/2169(DEC)

Draft opinion
Paragraph 7 b (new)
7 b. Recommends the Agency to develop impact indicators; believes that such impact indicators are essential tools in order to measure the effectiveness of the Agency;
2016/12/14
Committee: ENVI
Amendment 1 #

2016/2166(DEC)

Draft opinion
Paragraph 1 a (new)
1a. Recalls that, since its creation, the Agency, together with its European Environment Information and Observation Network (EIONET), has been an information source for those involved in developing, adopting, implementing and evaluating EU environment and climate policies, as well as sustainable development policies, and also for the general public;
2016/12/14
Committee: ENVI
Amendment 8 #

2016/2166(DEC)

Draft opinion
Paragraph 5 a (new)
5a. Recalls the importance of the on- going "Evaluation of the European Environment Agency and of its EIONET network", due for the end of 2017, in order to better assess the extent to which the Agency has achieved its objectives and implemented the tasks set out in its mandate and in its multi-annual work programme;
2016/12/14
Committee: ENVI
Amendment 9 #

2016/2166(DEC)

Draft opinion
Paragraph 5 b (new)
5b. Recommends the Agency to develop impact indicators, and believes that such impact indicators are essential tools in order to measure the effectiveness of the Agency;
2016/12/14
Committee: ENVI
Amendment 10 #

2016/2166(DEC)

Draft opinion
Paragraph 5 c (new)
5c. Underlines that the Agency should continue promoting dialogue with stakeholders and citizens and incorporate it as part of the priorities and activities to be implemented;
2016/12/14
Committee: ENVI
Amendment 19 #

2016/2151(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Whereas the CAP must be made more effective and its legitimacy reaffirmed as one of the principal tools for EU action aimed at the retention and creation of employment and competitiveness in rural areas, mainly in the farming sector;
2016/12/06
Committee: AGRI
Amendment 21 #

2016/2151(DEC)

Draft opinion
Paragraph 4
4. Stresses that the reliability of information on CAP direct payments as reported by Member States is often seriously undermined as a result of misreporting; based on the Annual Activity Report 2015 from Directorate General for Agriculture and Rural Development, Member States have sufficient information to detect and correct errors before declaring the expenditure to the Commission, and stresses, in that connection, if the Member States would have acted on this information, the error rate would have been 0.6 percentage point lower 1a; __________________ 1a European Commission - Directorate General for Agriculture and Rural Development (2015), Annual Activity Report.
2016/12/06
Committee: AGRI
Amendment 27 #

2016/2151(DEC)

Draft opinion
Paragraph 4 – subparagraph 1 (new)
Stresses the importance of the possibility of paying advances before 16 of October and also after the year 2017, especially concerning area-based payments to areas facing natural or other specific concerns while bearing in mind the economic situation of the farmers and two derogations made to the Article 75 of Regulation (EU) No 1306/2013 concerning years 2015 and 2016;
2016/12/06
Committee: AGRI
Amendment 44 #

2016/2151(DEC)

Draft opinion
Paragraph 6
6. Calls for small-scale programmes to be transferred to the second CAP pillar;deleted
2016/12/06
Committee: AGRI
Amendment 56 #

2016/2151(DEC)

Draft opinion
Paragraph 8
8. Welcomes the Commission’s proposed new approach to error rate analysis; welcomes also the Commission’s new procedure, likely to be applied for the first time in 2016, for prior checks, while retaining the method for dealing with minor errors; stressing that more proportionality is needed for the penalty system;
2016/12/06
Committee: AGRI
Amendment 60 #

2016/2151(DEC)

Draft opinion
Paragraph 8 a (new)
8a. Stresses the need of inter alia strengthening of the monitoring and evaluation systems in order to reduce the risk of weaknesses and errors and to measure progress towards the achievement of the policy's general objectives;
2016/12/06
Committee: AGRI
Amendment 66 #

2016/2151(DEC)

Draft opinion
Paragraph 9 – subparagraph 1 (new)
Stresses the importance of reducing the bureaucratic burden for both the farmers and the administration caused by a duplicated measurement of areas that have been measured (already) earlier;
2016/12/06
Committee: AGRI
Amendment 11 #

2016/2149(INI)

Motion for a resolution
Recital A
A. whereas national parliaments play an essentialimportant role in granting and completing the democratic legitimacy of the Union, thereby ensuring its good constitutional functioning (Article 12 TEU);
2018/01/10
Committee: AFCO
Amendment 19 #

2016/2149(INI)

Motion for a resolution
Recital E
E. whereas the underrepresentation of parliamentary minorities in European affairs should be counterbalanced while fully respecting the majorities in each national parliament, and in accordance with the principle of proportionality;deleted
2018/01/10
Committee: AFCO
Amendment 22 #

2016/2149(INI)

Motion for a resolution
Recital F
F. whereas national parliaments should takeplay a part in any kind of revision of the European Treaties and have recently been called upon to play an active role in a series of EU democratic conventions;
2018/01/10
Committee: AFCO
Amendment 28 #

2016/2149(INI)

Motion for a resolution
Recital I
I. whereas some national parliaments are sometimes critical of the EWS, claiming that its provisions are not easy to put into practice and lack a broad scope of application;
2018/01/10
Committee: AFCO
Amendment 30 #

2016/2149(INI)

Motion for a resolution
Recital J
J. whereas the implementation of the EWS could be greatly improved, as demonstrated by the limited usage of the yellow card procedure and the ineffectiveness of the orange card procedureack of coordination between national parliaments when making use of their right to submit reasoned opinions on an alleged breach of the principle of subsidiarity;
2018/01/10
Committee: AFCO
Amendment 32 #

2016/2149(INI)

Motion for a resolution
Recital K
K. whereas many national parliaments do not make full use of the eight-week period laid down in Article 4 of Protocol No 1 has proven to be inadequate for timelyfor monitoring of compliance with the principle of subsidiarity;
2018/01/10
Committee: AFCO
Amendment 37 #

2016/2149(INI)

Motion for a resolution
Recital O
O. whereas the comprehensive range of information rights provided for in the Treaty of Lisbon could be enhanced if national parliaments were given more resources and time to cope with the documents forwarded to them by the European Institutions;deleted
2018/01/10
Committee: AFCO
Amendment 56 #

2016/2149(INI)

Motion for a resolution
Paragraph 3
3. Recalls that national parliaments should bare granted enough time and powers to scrutinise the activity of national governments at European level, whether in the Council or in the European Council, in full compliance with the Member States’ constitutions; believes that an exchange of best practices between national parliaments should be promoted in this respect;
2018/01/10
Committee: AFCO
Amendment 65 #

2016/2149(INI)

Motion for a resolution
Paragraph 4
4. Recommends that politicalWelcomes that budgetary calendars at national and European level should bare better coordinated, by aligningthrough the European Semester with the agendas of national parliaments, in order to coordinate economic policies, but without disregard for the powers of self-governance and the specific rules of procedure of each parliamentary chamber; suggests, therefore, the implementation of a national period for budgetary dialogue, during which national parliaments would be able to prepare the European Semester by mandating their own governments in their relations with the Commission and the Council;
2018/01/10
Committee: AFCO
Amendment 73 #

2016/2149(INI)

Motion for a resolution
Paragraph 5
5. Notes that the alignment of different political stances across the Member States could strengthen and expand cross-sectional debates at European level; considerrecommends, therefore, that national parliamentary delegations acting before the European Institutions should consist of members from several political parties; stresses the relevance of the principle of proportionality in this regard;
2018/01/10
Committee: AFCO
Amendment 77 #

2016/2149(INI)

Motion for a resolution
Paragraph 7
7. Calls forSuggests the establishment of an annual European week, during which Members of the European Parliament and Commissioners would simultaneously stand before all national parliamentary assemblies in order to discuss the European agenda; undertakes to coordinate the implementation of a European week, possibly by reviewing its own rules of procedure in order to endorse the initiative, and encourages national parliaments to do the same;
2018/01/10
Committee: AFCO
Amendment 83 #

2016/2149(INI)

Motion for a resolution
Paragraph 8
8. Underlines the fact that the EWS has seldom been used since the entry into force of the Treaty of Lisbon, and believes that it could be reformed within the current constitutional framework;
2018/01/10
Committee: AFCO
Amendment 89 #

2016/2149(INI)

Motion for a resolution
Paragraph 10
10. Considers that the Commission should not be granted the discretion to give notice of the date on which a draft legislative act is transmitted to national parliaments; believes, accordingly, that the Commission should not have the competence to monitor the eight-week period within which national parliamentary chambers may issue reasoned opinions on compliance with the principle of subsidiarity; calls, therefore,alls for the implementation of a technical notification period within the EWS, in order to accommodate the time delay between the date on which the draft legislative acts are sent by the Commission and the date on which they are actually received by national parliamentary chambers;
2018/01/10
Committee: AFCO
Amendment 96 #

2016/2149(INI)

Motion for a resolution
Paragraph 11
11. Suggests the implementation of a procedureRecalls the Barroso initiative, whereby national parliaments couldan submit reasoned opinions to the Commission with the aim of positively influencing its powers of legislative initiative, and whereby the Commission could either legislate in line with such opinions or issue a reasoned veto underlining its reasons for not doing soEuropean policy; points out that such a procedure candoes not consist of a right to legislative initiative, or a right to withdraw or amend legislation, as it would otherwise subvert the Union method and violate the Treaties;
2018/01/10
Committee: AFCO
Amendment 100 #

2016/2149(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Believes that the idea of a 'green card' procedure, whereby national parliaments could submit legislative proposals to the Council for its consideration, should be considered as a positive and constructive means of raising the participation and activity of national parliaments in the EU legislative process; considers that, as part of the same package, the two co-legislators should be granted the right of initiative;
2018/01/10
Committee: AFCO
Amendment 104 #

2016/2149(INI)

Motion for a resolution
Paragraph 13
13. Stresses that national parliaments would better cope with the information sent to them either by virtue of the EWS, or under their right to information, if the IPEX platform was given the relevance of an Agora, or forum, for a permanent dialogue among national parliaments and between these and the European institutions; resolves, therefore, to promote the use of the platform for the enhancement of political dialogue, and for flagging up subsidiarity concerns swiftly; undertakes to instructoffers assistance to guide the staff of national parliamentary chambers on how to work with the platform;
2018/01/10
Committee: AFCO
Amendment 111 #

2016/2149(INI)

Motion for a resolution
Paragraph 15
15. Reiterates, however, the need to simplify and harmonize the current framework of relations between the Union and national parliaments, as evidenced by the disproportionate numbervariety of entities, bodies and meetings at present;
2018/01/10
Committee: AFCO
Amendment 114 #

2016/2149(INI)

Motion for a resolution
Paragraph 16
16. Points out that strengthening political and technical dialogue between parliamentary committees, both at national and at European level, would be a greatly productive step towards full interparliamentary cooperation; takes the view that additional budgetary resources should be allocated to the Committees of the European Parliament, with the aim of allowing rapporteurs to undertake missions in order to informally discuss with national parliamentary committees the content of their reports;
2018/01/10
Committee: AFCO
Amendment 117 #

2016/2149(INI)

Motion for a resolution
Paragraph 17
17. Acknowledges the relevance of the Interparliamentary Committee Meetings (ICM) established in Articles 9 and 10 of Protocol No 1; believes that better interinstitutional cooperation could be attained if the ICM were given more relevance by the Members of the European Parliament and the national parliaments and were prepared in closer cooperation with national parliamentary chambers;
2018/01/10
Committee: AFCO
Amendment 11 #

2016/2148(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Stresses the importance of Rural Development Programmes supporting agricultural employment particularly in terms of quality jobs creation for young people and women; meanwhile this priority encourages to take up farming as a career enabling generational turnover;
2016/09/06
Committee: AGRI
Amendment 20 #

2016/2148(INI)

Draft opinion
Paragraph 3
3. Underlines that the new EAFRD builds on the previous programming periods by providing flexibility to better address specific territorial needs and broadening the objectives to six EU priorities for rural development divided into 18 focus areas, all of which contribute to the three cross-cutting objectives of innovation and environment/climate change mitigation and adaptation; stresses that fostering technological and social innovation in the coming financial periods is a key to sustainable and competitive European agriculture;
2016/09/06
Committee: AGRI
Amendment 59 #

2016/2148(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Highlights that the measures of the Rural Development funding directed at fostering innovation and investment in emerging technologies and precision farming should be substantially reinforced in order to enhance the competitiveness of European enterprises in the rural areas;
2016/09/06
Committee: AGRI
Amendment 62 #

2016/2148(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Stresses the need to support rural areas with a sustainable management of soil, water and biodiversity in order to enhance their contribution to the bioeconomy; in addition, farmers need to have measures adapted to respond to increasing challenges such as food security and climate change;
2016/09/06
Committee: AGRI
Amendment 65 #

2016/2148(INI)

Draft opinion
Paragraph 7
7. Considers that the more flexible structure of the EAFRD was not fully taken advantage of by some Members States and regions which perceived a risk of increased complexity and control requirements therefore asks the Commission to ensure that all parties are in due time informed about the renewed EAFRD structure and to actively facilitate the uptake and visibility of these funds;
2016/09/06
Committee: AGRI
Amendment 78 #

2016/2148(INI)

Draft opinion
Paragraph 8
8. Urges theCalls Member States to efficiently and fully implement EAFRD and avoid gold-plating or adding unnecessary guidelines and procedures which could interfere with efficient implementation of the EAFRD; asks the Commission to continue the simplification of the CAP and, where feasible and necessary, to adapt the basic legislation to this effect; calls on the Commission and the Member States to ensure that sufficient resources are dedicated to successful fulfilment of remaining ex-ante conditionalities;
2016/09/06
Committee: AGRI
Amendment 84 #

2016/2148(INI)

Draft opinion
Paragraph 8
8. Urges the Member States to avoid gold-plating or adding unnecessary guidelines and procedures which could interfere with efficient implementation of the EAFRD; underlines that oriented advisory services are essential in the operational programmes to support farmers and forest holders for efficiently implementation; asks the Commission to continue the simplification of the CAP and, where feasible and necessary, to adapt the basic legislation to this effect; calls on the Commission and the Member States to ensure that sufficient resources are dedicated to successful fulfilment of remaining ex-ante conditionalities;
2016/09/06
Committee: AGRI
Amendment 90 #

2016/2148(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Underlines that there is an urgent need for simplification of the CAP and concrete actions have to be made by the Commission within its mandate without delays; in order to make sure the EAFRD funds are taken up and spent efficiently with a view to meeting the goals of the CAP;
2016/09/06
Committee: AGRI
Amendment 92 #

2016/2148(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Is concerned that measures to help farmers manage risks and to set up producer groups were not included in many programmes that could support farmers to better react to the increased market volatility;
2016/09/06
Committee: AGRI
Amendment 20 #

2016/2100(INI)

Draft opinion
Paragraph 1
1. Emphasises that competition policy must attach the same importance to defending the interests of agricultural producers as it does to defending consumers’ interests, ensuring that the conditions for competition are fair so as to foster investment, employment and innovation in agricultural markets; highlights, that European farmers should be able to access as well as compete throughout the internal market;
2016/10/20
Committee: AGRI
Amendment 26 #

2016/2100(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Stresses the need to tackle power imbalances between operators in the food supply chain; emphasises that purely voluntary initiatives are very important but inadequate to increase the bargaining power of farmers; believes that EU framework legislation eliminates imbalances and ensures a level playing field within the single market while strengthening the position of farmers in the food supply chain;
2016/10/20
Committee: AGRI
Amendment 27 #

2016/2100(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls to maintain a market- oriented CAP that respects the single market and open competition while ensuring support in case of crisis or unforeseen events in order to help producers to respond to significant market fluctuations;
2016/10/20
Committee: AGRI
Amendment 60 #

2016/2100(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Recalls that since the incomes of primary producers is increasingly determined by their position in the food supply chain, there is a need to promote reinforcement of the capacity for resilience specific to the various supply chains through continued strengthening and improvement of their functioning, in particular, contractualisation and fairer distribution of negotiating powers along the food chain; underlines that it is necessary to foster improvement in supply chain structure and collective approaches as well as to ensure greater powers for inter-branch bodies and producer organisations;
2016/10/20
Committee: AGRI
Amendment 75 #

2016/2100(INI)

Draft opinion
Paragraph 7
7. Calls for simplification of the rules on farmers’ organising collectively, so as to strengthen their negotiating capacity while safeguarding the principles set out in Article 39 TFEU; recalls that producer organizations and producer cooperatives are a fundamental business tool which enables farmers to get better market position as well as to get better incomes;
2016/10/20
Committee: AGRI
Amendment 83 #

2016/2100(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Underlines that the vast majority of the 22 000 EU agri-cooperatives are small or medium sized; highlights that since the countries least affected by the agriculture crisis are also countries where farming is better organised, EU policies should be aimed at allowing producer organizations to grow in size and scale in order to be more efficient as well as cost- effective;
2016/10/20
Committee: AGRI
Amendment 12 #

2016/2078(INI)

Motion for a resolution
Recital C a (new)
C a. Highlights the importance of the equine sector due to its vital contribution to the environmental, economic and social development in rural areas;
2016/11/16
Committee: AGRI
Amendment 16 #

2016/2078(INI)

Motion for a resolution
Recital D
D. whereas the estimated 7 million equidae in the EU perform hugely varied roles, from racing and competition animals to pets, working animals in transport, tourism, forestry and agriculture as well as leisure animals in amateur sports and education, sources of milk and meat, research animals, and wild and semi-feral animals, and whereas they may perform several of these roles during their lives;
2016/11/16
Committee: AGRI
Amendment 26 #

2016/2078(INI)

Motion for a resolution
Recital D a (new)
D a. Whereas the regulatory environment on EU level varies among Member States and that existent legislation is implemented differently within the EU which leads to distortion of competition and a loss of animal welfare;
2016/11/16
Committee: AGRI
Amendment 83 #

2016/2078(INI)

Motion for a resolution
Paragraph 1
1. Recognises the considerable economic, environmental and social contribution equidae make throughout the EU;
2016/11/16
Committee: AGRI
Amendment 125 #

2016/2078(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to commission a Eurostat study to analyse the economic, enviromental and social impact of all aspects of the equid sector;
2016/11/16
Committee: AGRI
Amendment 129 #

2016/2078(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to actively support the development of guides to good practice, bydevelop a European Guideline on Good Practice in the Equine Sector drawn up in consultation with stakeholders and organizations of the equine sector and based on existent guides; calls the commission to ensure equal implementation of the EU guideline, releasinge resources for translation of such a documents and to assisting with theirits distribution;
2016/11/16
Committee: AGRI
Amendment 147 #

2016/2078(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to support the production and dissemination of information on how to meet the needs of equidae, whatever their role, based around the ‘five freedoms’ and covering the entirety of an equid’s life; calls also on the Commission towhen setting up its European Guideline on Good Practice in the Equine Sector to consider the multifunctional role of equines by includeing guidance on responsible breeding and the benefits of equid sterilisation, work in tourism, agriculture and forest, species- appropriate transport and slaughter; recommends that suchthis guidanceline should be disseminated to breeders, equid societies, farms, stables, sanctuaries, transporters and slaughterhouses, and that it should be accessible in a variety of formats, including online;
2016/11/16
Committee: AGRI
Amendment 202 #

2016/2078(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Member States to commit to inspections of the slaughterhouses on their territory that are licenced to take equidae, to ensure they are able to meet the specific welfare needs of equidae regarding the location and qualification of staff;
2016/11/16
Committee: AGRI
Amendment 209 #

2016/2078(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to commit to the development of validated Animal Welfare Indicators, which should be used to assess the welfare of equidae, identify existing problems and help drive improvements while ensuring practical implementation and benefits for the sector; considers it important to include stakeholders and organizations of the equine sector in the process of setting up Animal Welfare Indicators;
2016/11/16
Committee: AGRI
Amendment 223 #

2016/2078(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on the Commission and Member States to support research and development on species-appropriate husbandry systems in the horse sector considering the natural behaviour of horses as flight and herd animals;
2016/11/16
Committee: AGRI
Amendment 228 #

2016/2078(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Calls on the Commission and Member States to support the work of the European Horse Network and the European State Stud Association as they play an important role in the development of the European horse sector by serving as a platform to exchange best practices and by preserving traditions, skills, old horse breeds and the impact of the sector;
2016/11/16
Committee: AGRI
Amendment 38 #

2016/2077(INI)

Motion for a resolution
Recital E
E. whereas the domesticated rabbit has kept most of the wild rabbit’s natural behaviour, and intensive farming systems have severe negative implications for its welfare;
2016/09/20
Committee: AGRI
Amendment 114 #

2016/2077(INI)

Motion for a resolution
Paragraph 4
4. Emphasises that, owing to the absence of species-specific animal husbandry legislation for rabbits in the EU, the breeding of rabbits is highly intensified and its architecture resembles a high-output industrial production system;deleted
2016/09/20
Committee: AGRI
Amendment 206 #

2016/2077(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission, in the light of the high number of rabbits being farmed and slaughtered in the EU and the severe animal welfare implications of the systems currently used for keeping rabbits, to put forward soon legislative proposals on, to harmonize existing rules and to support national guidelines setting minimum standards for the protection of farm rabbits in order to ensure a high level of animal welfare;
2016/09/20
Committee: AGRI
Amendment 214 #

2016/2077(INI)

Motion for a resolution
Paragraph 17
17. Invites the Commission to consider pen systems as the guiding principle when proposing measures for housing requirements for breeding does and for rabbits reared for meat production;deleted
2016/09/20
Committee: AGRI
Amendment 244 #

2016/2077(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Points out that the EU farm rabbit production is different amongst Member States; stresses that some Member States have already implemented national guidelines setting up minimum standards for farm rabbits (such as Germany); considers it important to ensure a level playing field for producers in the EU and towards third countries; calls on individual Member States to develop guidelines in order to both ensure animal welfare and to consider economic and social aspects of the sector;
2016/09/20
Committee: AGRI
Amendment 12 #

2016/2059(INI)

Draft opinion
Paragraph 2
2. Stresses that the European Union and its Member States should first of all focus on theirenergy efficiency, on renewable energy resources and energy storage and derive maximum benefit from their renewable production capacity by accelerating investments in these sectors; stresses that this should not prevent efforts being made to extract added value from other segments of the energy markets, such as LNG, provided that this is done in a sustainable manner that is fully consistent with the EU’s environmental protection principles and the 2015 Paris Climate Agreement;
2016/07/18
Committee: ENVI
Amendment 16 #

2016/2059(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that LNG is an important transitional source of energy in the short to medium term, and that all efforts should be made to ensure that gas production is achieved in a sustainable manner and avoids methane leaks; stresses the need to enforce strict environmental standards to limit greenhouse gas emissions; calls, in this regard, for studies and suitable audit controls along the exploration, distribution and utilisation chain to enable a solid scientific knowledge basis; Considers that investments in innovation and technological development can play an important role in mitigating carbon emissions along the entire LNG life-cycle from natural gas exploration to final use;
2016/07/18
Committee: ENVI
Amendment 23 #

2016/2059(INI)

Draft opinion
Paragraph 3
3. Points out that the EU’s domestic production will continue to decline in the coming decades, and further diversification of the EU’s natural gas supply therefore remains a key objective, while nevertheless underlining its role as a short and medium- term solution, bearing in mind the European commitment to the objective of decarbonisation set out in the Roadmap for moving to a competitive low-carbon economy in 2050; Stresses that new gas infrastructure investment decisions should not lead to fossil-fuel dependence lock-in effects and stranded assets;
2016/07/18
Committee: ENVI
Amendment 51 #

2016/2059(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out the potential of LNG as a more sustainable fuel as compared to current mainstream fuels such as diesel in heavy weight road transport and heavy fuels in maritime transport; supports in this regard the objectives of Directive 2014/94/EU and the establishment of a harmonised regulatory and standardisation framework that encourages the use of LNG in shipping, and heavy weight road transport, provided that this fuel proves clear environmental advantages; stresses the need to avoid technological lock-in;
2016/07/18
Committee: ENVI
Amendment 56 #

2016/2059(INI)

Draft opinion
Paragraph 5 b (new)
5b. Believes that the EU ETS and the innovation fund established therein could provide an additional funding support mechanism to promote green shipping technologies and ports infrastructure, such as LNG;
2016/07/18
Committee: ENVI
Amendment 5 #

2016/2058(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Notes that it is estimated that the amount of heat produced from industrial processes and wasted in the atmosphere or into water, rather than utilised in some productive way, is enough to cover the Union's entire heating needs in residential and tertiary buildings;
2016/05/27
Committee: ENVI
Amendment 14 #

2016/2058(INI)

Draft opinion
Paragraph 2
2. Recalls that heating and cooling constitute the largest share of the EU’s energy demand; emphasises the importance ofregrets that substantial amounts of heat are wasted; underlines that fossil fuels are the largest primary source of energy supply for heating and cooling and emphasises in this context the importance of district heating as well as technology-neutral and market-based incentives in the transition to a low-carbon and secure energy supply to the heating and cooling sector and of focusing not only on aone component level, such as buildings;
2016/05/27
Committee: ENVI
Amendment 15 #

2016/2058(INI)

Draft opinion
Paragraph 2
2. Recalls that heating and cooling constitute the largest share of the EU's energy demand; emphasises and that much of it is wasted; underlines that fossil fuels account for 75% of the primary energy supply for heating and cooling emphasises in that context the importance of technology-neutral and market-based incentives in the transition to a low-carbon and secure energy supply to the heating and cooling sector and of focusing not only on a component level, such as buildings;
2016/05/27
Committee: ENVI
Amendment 19 #

2016/2058(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines the crucial importance of improved energy efficiency; recalls that two-thirds of the EU´s buildings were built when energy efficiency requirements were limited or non-existent; calls therefore on the Commission and Member States to promote energy renovation which can bring big energy savings while also being economically beneficial as well as smart buildings energy-related products;
2016/05/27
Committee: ENVI
Amendment 21 #

2016/2058(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines that nearly half of the buildings in the Union have individual boilers installed before 1992; encourages therefore the Commission and the Member states to take measures to accelerate the refurbishment of outdated heating and coling appliances; stresses the importance of district heating in this regard;
2016/05/27
Committee: ENVI
Amendment 22 #

2016/2058(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Underlines that almost half of the EU´s buildings have individuals boilers installed before 1992; encourages therefore the Commission and the Member States to take measures to accelerate the refurbishment of outdated heating and cooling appliances;
2016/05/27
Committee: ENVI
Amendment 33 #

2016/2058(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Encourages the Commission and the Member States to also recognize the profitability of using heat pumps in the heating and cooling sector;
2016/05/27
Committee: ENVI
Amendment 39 #

2016/2058(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to fully utilise the heating and cooling sector in achieving cost-efficient gains in energy efficiency at system level by linking heat and power production, industrial processes, waste managementnotably the re-use of waste gases, waste management, energy efficiency in buildings, and demand-side management;
2016/05/27
Committee: ENVI
Amendment 46 #

2016/2058(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that research and technological innovation fosters the leadership of European industry, strengthens the competitive advantage and commercial viability of European business, and contributes to the main EU energy policy goals, including ensuring security of supply, sustainable development of energy production, transportation and consumption;
2016/05/27
Committee: ENVI
Amendment 51 #

2016/2058(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Encourages the Commission and the Member States to further support the re-use of waste heat and cold produced in the industry sector;
2016/05/27
Committee: ENVI
Amendment 52 #

2016/2058(INI)

3 b. Recalls that there are too few attractive financial products for building renovation; calls on the Commission to ensure that sufficient financial support for investments in energy efficiency is made available through the European Structural and Investment Funds, the EU Horizon 2020 Programme for research and development, the European Fund for Strategic Investment (EFSI), and the Integrated Strategic Energy Technology Plan (the SET-Plan); underlines the need to promote the mobilisation of private funding in the energy efficiency market;
2016/05/27
Committee: ENVI
Amendment 9 #

2016/2057(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to the Report of the United Nations Secretary-General's High- Level Panel on Access to Medicines
2016/10/21
Committee: ENVI
Amendment 11 #

2016/2057(INI)

Motion for a resolution
Citation 4
— having regard to the antitrust procedure, Case AT.39612 – Perindopril (Servier), and to paragraphs 249 and 250 of the judgment of the Court of Justice of 14 February 1978 in Case 27/76 on excessive prices,;
2016/10/21
Committee: ENVI
Amendment 47 #

2016/2057(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the high prices of innovative medicines conflicts with the patients' and national health systems' ability to pay for pharmaceutical expenditure and hinders the fundamental right of citizens to health and medical treatment;
2016/10/21
Committee: ENVI
Amendment 84 #

2016/2057(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the growing expenditure in the pharmaceutical sector prompts European cooperation and new policy measures at both EU and national level to enable selective investment in efficient and effective healthcare;
2016/10/21
Committee: ENVI
Amendment 91 #

2016/2057(INI)

Motion for a resolution
Recital E
E. whereas the aim of intellectual property is to benefit society, guaranteeing investment returns to promote innovation, and whereas there is concern about the abuse/misuse thereofto diffuse knowledge;
2016/10/21
Committee: ENVI
Amendment 92 #

2016/2057(INI)

Motion for a resolution
Recital E
E. whereas the aim of intellectual property is to benefit society, guaranteeing incentivise investment returns to promote innovation, and whereas there is concern about the abuse/misuse thereof;
2016/10/21
Committee: ENVI
Amendment 111 #

2016/2057(INI)

Motion for a resolution
Recital F
F. whereas the Commission has had to introduce incentives to promote research in areas such as rare diseases, and whereas 25 000 people die each year in the EU owing to lack of access to adequate antimicrobial drugs;
2016/10/21
Committee: ENVI
Amendment 122 #

2016/2057(INI)

Motion for a resolution
Recital G
G. whereas the prices of medicines are usually negotiated by means of bilateral and confidential negotiations between the pharmaceutical industry and Member States, following rules set out in national reimbursement and pricing legislation;
2016/10/21
Committee: ENVI
Amendment 131 #

2016/2057(INI)

Motion for a resolution
Recital I
I. whereas the entry of generics and biosimilars onto the market is an important mechanism to increase competition, reduce prices, and whereas there are clear concerns about the strategies to delay this entry;
2016/10/21
Committee: ENVI
Amendment 159 #

2016/2057(INI)

Motion for a resolution
Paragraph 1
1. Recalls that the EU pharmaceutical industry is one of the most competitive and strategic industries in Europe and that quality innovation is key to improving its competitiveness;
2016/10/21
Committee: ENVI
Amendment 167 #

2016/2057(INI)

Motion for a resolution
Paragraph 2
2. Regrets that the research priorities of the pharmaceutical industry are profit- oriented rather than patient-oriendeleted;
2016/10/21
Committee: ENVI
Amendment 177 #

2016/2057(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Notes that over 7000 innovate medicines are in the development pipeline with much expected therapeutic benefit for patients; considers that some current pricing strategies for innovative medicines and their combined budgetary impact pose a threat to the sustainability of health care systems and therefore might not be accessible for those who need it;
2016/10/21
Committee: ENVI
Amendment 185 #

2016/2057(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Notes with concern the recent scientific trends that lead to investments being steered to low volume, high priced medicines, leaving other important areas neglected;
2016/10/21
Committee: ENVI
Amendment 187 #

2016/2057(INI)

Motion for a resolution
Paragraph 2 d (new)
2d. Calls on Member States to build on the example of existing initiatives in Europe to place negative incentives on the marketing expenditure by the pharmaceutical industry such as a contribution system towards an innovation fund aimed at promoting independent research in areas of interest for the National Health Services that are insufficiently addressed by commercial research, (e. g. antimicrobial resistance), and for patient populations normally excluded by clinical studies such as children, pregnant women and the elderly;
2016/10/21
Committee: ENVI
Amendment 188 #

2016/2057(INI)

Motion for a resolution
Paragraph 3
3. Stresses that more transparency ofin the cost of development and clinical trials is crucial in order to set a fair price; proportion of publicly funded research is needed, and that when assessing the total cost of a drug, it is necessary to take into account the costs for research and development, including research failures and clinical trials, and the whole pharmaceutical value chain;
2016/10/21
Committee: ENVI
Amendment 198 #

2016/2057(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that robust clinical trials are necessary to assess the efficacy and safety of medicines;
2016/10/21
Committee: ENVI
Amendment 204 #

2016/2057(INI)

Motion for a resolution
Paragraph 4
4. Stresses that it is in the interests of the pharmaceutical industry favour short trials andand patients to ensure fast access to the market for innovative medicines both in-patent and off-patent;
2016/10/21
Committee: ENVI
Amendment 210 #

2016/2057(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Notes the fragmentation of the pharmaceutical market in the EU and acknowledges the increased administrative burdens and the higher costs that it implies for industry; Highlights that this is an obstacle to the sector's competitiveness and to the expansion of spin-off and young companies seeking to enter the market, pulling away from Europe investment in this innovative sector; Stresses that such barriers bring important delays to patients' access to new medicines;
2016/10/21
Committee: ENVI
Amendment 215 #

2016/2057(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Calls on Member States to develop closer collaboration to fight such market fragmentation, namely to develop shared Health Technology Assessment processes and results, and to work on shared criteria to instruct price and reimbursement decisions at national level;
2016/10/21
Committee: ENVI
Amendment 221 #

2016/2057(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Considers innovation in the pharmaceutical sector to be crucial in order to address unmet medical needs;
2016/10/21
Committee: ENVI
Amendment 230 #

2016/2057(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recognises that a balanced and strong, functioning and effective intellectual property environment, that is line with international commitments of the European Union, is important for supporting and promoting access to innovative, safe, effective and quality medicinal products in the European Union;
2016/10/21
Committee: ENVI
Amendment 234 #

2016/2057(INI)

Motion for a resolution
Paragraph 6
6. Emphasises that most medicines are not examples of genuine innovation, but often ‘me-too’ or ‘evergRecalls that incremental innovation for patented molecules such as repurposing, reformulation and the development of new medicines for the same indication ("me-too" substances) may offer incremening’ products, whictal value to patients, to patients sub-groups and to health care permitted notably by complementary patent extensionsystems; believes that the added value of such medicines should be carefully assessed and measurable benefits should be demonstrated prior to price and reimbursement decisions; warns against the potential misuse of IP protection rules allowing for the "evergreening" of patent rights;
2016/10/21
Committee: ENVI
Amendment 240 #

2016/2057(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Recognises that medical innovation is also coming from known off-patent molecules through finding new indications, drug reformulations or new innovative combinations and stresses the importance to deliver to patients more customized treatments delivering better efficacy, less side effects, better adherence and better quality of life, to avoid disease exacerbations and costly therapeutic escalations;
2016/10/21
Committee: ENVI
Amendment 243 #

2016/2057(INI)

Motion for a resolution
Paragraph 7
7. Stresses that the high level of public funds used for R&D is not refdelected in the pricing;
2016/10/21
Committee: ENVI
Amendment 263 #

2016/2057(INI)

Motion for a resolution
Paragraph 9
9. Stresses that better regulation will promote competitiveness; also recognises the importance and effectiveness of antitrust tools against anti-competitive behaviours such as the abuse or misuse of patent systems and of the system for authorisation of medicines, in violation of Articles 101 and/or 102 of the TFEU; calls on the Commission to carry out an in- depth analysis of the existing Intellectual Property legislation in the pharmaceutical sector with a focus on divergent interpretation and litigation cases and, where necessary, to bring forward a legislative review to ascertain legal clarity and the correct implementation and use of legal provisions in order to safeguard legitimate intellectual property and patent rights, as well as public interest;
2016/10/21
Committee: ENVI
Amendment 264 #

2016/2057(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission to revise the Transparency Directive with a focus on guaranteeing timely entry into the market for generic and biosimilar medicines, ending patent linkage according to Commission's guidelines, accelerating pricing and reimbursement decisions for generics and precluding the multiple reassessment of the elements supporting marketing authorisation; Believes that this will maximise savings for national health budgets, improve affordability, accelerate patient access and prevent administrative burdens for generic and biosimilar companies;
2016/10/21
Committee: ENVI
Amendment 269 #

2016/2057(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls on the Commission to monitor regularly patent settlement agreements that may restrict generic market entry into the market in exchange for benefits transferred from the originator to the generic company;
2016/10/21
Committee: ENVI
Amendment 270 #

2016/2057(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Calls on the Commission to introduce a Supplementary Protection Certificate (SPC) manufacturing waiver to Regulation 469/2009 allowing the production of generic and biosimilar medicines in Europe, with the purpose of exporting them to countries without SPCs or where these have expired earlier, without undermining the exclusivity granted under the SPC regime in protected markets; believes that such provisions could have a positive impact on access to high quality medicines in developing and least developed countries and on increasing manufacturing and R&D in Europe, creating new jobs and stimulating economic growth;
2016/10/21
Committee: ENVI
Amendment 273 #

2016/2057(INI)

Motion for a resolution
Paragraph 9 e (new)
9e. Highlights that value-based pricing of medicines can be misused as a profit- maximization economic strategy, which in that case leads to the setting of prices that are disproportionate to its cost structure, regardless of an optimal distribution of social welfare
2016/10/21
Committee: ENVI
Amendment 283 #

2016/2057(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Considers that independent and good quality evidence is crucial to determine the cost-effectiveness of new medicines;
2016/10/21
Committee: ENVI
Amendment 288 #

2016/2057(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Highlights the technical nature of Relative Efficacy and Effectiveness Assessment (REA) and of Therapeutic Added Value (ATV) procedures; Notes that differences in methodological approaches and quality of evidence required at Member State level contribute to unnecessary fragmentation and increased burden for industry;
2016/10/21
Committee: ENVI
Amendment 291 #

2016/2057(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls on Member States and the Commission to pursue efforts to develop shared capacities, data and methodologies; Calls on the Commission to put forward a proposal for a common framework for REA and ATV to be carried out at European level, with the participation of expert representatives from Member States; Believes this should be done within the existing institutional context and in respect of national competences concerning social and economic considerations within pricing and reimbursement decisions;
2016/10/21
Committee: ENVI
Amendment 321 #

2016/2057(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses the importance of transparency, including as regards clinical data, R&D costs and public funding, marketing strategies, actual prices and reimbursement levels, to improve access to medicines with relevant additional benefits for patient and health systems;
2016/10/21
Committee: ENVI
Amendment 348 #

2016/2057(INI)

Motion for a resolution
Paragraph 16
16. Highlights the European procedure for joint procurement of medicines used for the acquisition of vaccines in accordance with Decision No 1082/2013/EU; encourages Members States to make full use of this tool;
2016/10/21
Committee: ENVI
Amendment 350 #

2016/2057(INI)

Motion for a resolution
Paragraph 16
16. Highlights the European procedure for joint procurement of medicines used for the acquisition of vaccineal countermeasures for serious cross border health threats in accordance with Decision No 1082/2013/EU;
2016/10/21
Committee: ENVI
Amendment 446 #

2016/2057(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to review aluate the regulatory framework for orphan medicines, to define clearly the concept of unmet medical needs, to assess the impact of incentives to develop effective, safe and affordable drugs compared to the best available alternative and to promote the European register of rare diseases and reference centres;
2016/10/21
Committee: ENVI
Amendment 460 #

2016/2057(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to guarantee safety and efficacy in any fast- track approval process and to introduce the concept of conditional authorisation based on effectivenessensure that such approvals are admissible in exceptional circumstances where a high unmet medical need has been identified;
2016/10/21
Committee: ENVI
Amendment 480 #

2016/2057(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to set up a framework to promote, guarantee and reinforce the competitiveness of generic and biosimilar medicines, guaranteeing their faster entry onto the market and monitoring unfair practices in accordance with Articles 101 and 102 of the TFEU, and to present a biannual report in this regard;
2016/10/21
Committee: ENVI
Amendment 519 #

2016/2057(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Council toand the Commission to promote increased cooperation between the Member States as regards price-setting procedures, in order to share information about prices, reimbursement, negotiation agreements and good practices and to avoid unnecessary administrative requirements and delays;
2016/10/21
Committee: ENVI
Amendment 521 #

2016/2057(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Council to increase cooperation between the Member States as regards price-setting procedures, in order to share information about prices, reimbursement, negotiation agreements and good practices and to avoid unnecessary administrative requirements and delays, ensuring faster patient access to innovative medicines;
2016/10/21
Committee: ENVI
Amendment 534 #

2016/2057(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Council to promote rational use of medicines across the EU, such as avoiding overconsumption of medicines, in particular antibiotics;
2016/10/21
Committee: ENVI
Amendment 540 #

2016/2057(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Calls on the Commission and on Member States to ensure full implementation of the pharmacovigilance legislation;
2016/10/21
Committee: ENVI
Amendment 551 #

2016/2057(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Calls on the Member States to enter into dialogue with all the relevant stakeholders, such as patient organisations, paying agencies, healthcare professionals and industry, with the aim of establishing short-, medium- and long term holistic strategies for access to medicines, ensuring the sustainability of healthcare systems and a competitive pharmaceutical industry, leading to faster access for patients and affordable prices;
2016/10/21
Committee: ENVI
Amendment 578 #

2016/2057(INI)

Motion for a resolution
Paragraph 34
34. Calls on the Commission to examine and compare the actual prices of medicines in the EU and to present an annual report to the Council and to the European Parliament in this regard;
2016/10/21
Committee: ENVI
Amendment 592 #

2016/2057(INI)

Motion for a resolution
Paragraph 36
36. Calls on the Commission to analyse the causes of shortages, to establish a list of essential medicines and monitor compliance with Article 81 of Directive 2001/83/EU on shortages of supply, to explore mechanisms to address the withdrawal of effective medicines from the market purely for commercial reasons, such as remarketing for new indications, and to promote the supply of generics;
2016/10/21
Committee: ENVI
Amendment 4 #

2016/2047(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Underlines the importance of mainstreaming biodiversity protection in the development, implementation and funding of all Union policies and considers transparency of Member States´ spending on nature protection and biodiversity conservation to be equally important for the consistency and coherence of Union expenditure; calls on the Commission to develop a tracking methodology for biodiversity related spending across the Union budget;
2016/07/15
Committee: ENVI
Amendment 5 #

2016/2047(BUD)

Draft opinion
Paragraph 3
3. Welcomes the COP21 aParis Agreement reached in Paris in 2015; recalls that, underconcluded in December 2015 and underlines that the Union budget must support the fulfilment of the objectives of that aAgreement, and the Union funding needs to be allocated to support climate action; stresses that any funding for measures originating from COP21 should be in addition to the current fu's long- term climate goals; recalls that the Paris Agreement requires that finance flows be made consistent with a pathway towards low greenhouse gas emissions and climate-resilient development; stresses the commitment by developed countries to mobilise climate finance to developing countries from public and private sources and underlines the need to scale up predictable, new ands allocated to climate actions and calls on the Commission to present its implementation strategy and first evaluation of the possible impact of the COP 21 additional climate finance in line with that Agreement; calls on the Commission to undertake a full evaluation of the consequences of the Paris Agreement onfor the Union budget in due time to allow it to be considered for revision, and to develop a dedicated, automatic Union finance mechanism, providing additional and adequate support towards the Union’s fair share in delivering the USD 100 billion international climate finance goal;
2016/07/15
Committee: ENVI
Amendment 11 #

2016/2041(INI)

Draft opinion
Recital C
C. whereas renewable bio-energies produced within the agricultural sector make a large contribution to the EU’s achievement of crucial targets such as mitigating the effects of climate change, reducing the EU’s energy dependency on energy imports, creating jobs and improving incomes in the sector;
2016/03/29
Committee: AGRI
Amendment 13 #

2016/2041(INI)

Draft opinion
Paragraph 1
1. Insists on the importance of promoting and encouraging the development of on- farm sources of alternative energy, which can have a significant positive impact on climate change and on creating new green jobs in rural areas as well as supporting the economic and social development of such areas;
2016/03/29
Committee: AGRI
Amendment 15 #

2016/2041(INI)

Draft opinion
Paragraph 1
1. Insists on the importance of promoting and encouraging the development of on- farm and forestry holding sources of alternative energy, which can have a significant impact on creating new green jobs in rural areas;
2016/03/29
Committee: AGRI
Amendment 33 #

2016/2041(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses the importance of modernising the agricultural production in Europe, to be able to reduce the negative impact of agriculture on the environment and contribute to an increased use of renewable energy sources;
2016/03/29
Committee: AGRI
Amendment 35 #

2016/2041(INI)

Draft opinion
Paragraph 2 b (new)
2b. Believes that the promotion of renewable energy sources in the EU should not create unnecessary obstacles for the deployment of other energy sources which could improve energy efficiency in the EU, such as peat;
2016/03/29
Committee: AGRI
Amendment 36 #

2016/2041(INI)

Draft opinion
Paragraph 2 c (new)
2c. Recalls that bioenergy will play an important part in decarbonizing EU; therefore calls on the Commission to recognize that the contribution from bioenergy should not be allowed to be jeopardized;
2016/03/29
Committee: AGRI
Amendment 38 #

2016/2041(INI)

Draft opinion
Paragraph 3
3. Stresses the importance of supporting EU framework programmes for research into relation tonewable energies for agriculture and forestry in general and, in particular, as regards refined biofuels, rational use of biomass and the development of fast- growing energy crops; points also to the importance of research into the grid integration and storage of decentrally generated renewable energies;
2016/03/29
Committee: AGRI
Amendment 54 #

2016/2041(INI)

Draft opinion
Paragraph 4
4. Encourages the Member States and the Commission to promote the importance of the sustainable forest-based bioeconomy and of wood as one of the EU’s crucial renewable raw materials in some EU countries;
2016/03/29
Committee: AGRI
Amendment 58 #

2016/2041(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Member States to ensure that their regulatory frameworks for renewables, and especially their support schemes, do not lead to unnecessary distortions with regard to energy production, production from other CO2- friendly energy sources such as nuclear energy, market energy prices, the functioning of the energy market and competitiveness in the EU; calls on the Commission to conduct and present a study on how current subsidies affect the investment landscape and the transition to sustainable energy in the EU´s rural areas;
2016/03/29
Committee: AGRI
Amendment 62 #

2016/2041(INI)

Draft opinion
Paragraph 5
5. Recalls the importance of promoting local renewable energy cooperatives in both rural and urban areas in order to increase public and private support for renewable energy;
2016/03/29
Committee: AGRI
Amendment 66 #

2016/2041(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the importance of the transport sector for the EU´s rural areas, notes that the transport sector is the sector that has seen least progress in using renewable energy sources with only 5,4 % renewable energy in 2013 compared to the 10% EU target for 2020; calls therefore on Member States to intensify their efforts in order to meet these targets in due time and to consider strengthening the link between the transport and electricity markets by promoting electric and plug-in hybrid vehicles in order to meet these targets;
2016/03/29
Committee: AGRI
Amendment 69 #

2016/2041(INI)

Draft opinion
Paragraph 5 b (new)
5b. Stresses that the potential for renewables in rural areas in the Balkan and Mediterranean regions is under- exploited and calls on the Union to increase its support for the development of the market for renewable energy in such regions;
2016/03/29
Committee: AGRI
Amendment 70 #

2016/2041(INI)

Draft opinion
Paragraph 5 c (new)
5c. Recalls that the current plan to double the capacity of the North Stream pipeline would lead to an increased use of fossil fuels if completed, notably in the EU´s rural areas, and would run counter to progress towards the Union's legally binding targets of 20% overall final energy consumption from renewable sources and 10% energy consumption from renewable sources in transport, and the binding national targets, for 2020 as laid down in Directive 2009/28/EC;
2016/03/29
Committee: AGRI
Amendment 71 #

2016/2041(INI)

Draft opinion
Paragraph 5 d (new)
5d. Encourages the Commission and the Member States to also recognize the profitability of using heat pumps in the agricultural, farming and food process industry;
2016/03/29
Committee: AGRI
Amendment 72 #

2016/2041(INI)

Draft opinion
Paragraph 5 e (new)
5e. Encourages the Commission and the Member States to recognize the under- exploited potential of extracting renewable energy from the sea as well as the benefits of using marine resources in biogas production for the agricultural sector;
2016/03/29
Committee: AGRI
Amendment 73 #

2016/2041(INI)

Draft opinion
Paragraph 5 f (new)
5f. Encourages the Commission and the Member States to consider undertaking measures aimed at facilitating the selling of surpluses from agriculture-based renewable energy production;
2016/03/29
Committee: AGRI
Amendment 76 #

2016/2041(INI)

Draft opinion
Paragraph 6
6. Believes that feedstock such as wheat, maize and sugar beet could also be used as an energy resource in the production of biofuels and bioethanol in cases of market oversupply of such agricultural products, which would ensure stability of farmers’ incomes.deleted
2016/03/29
Committee: AGRI
Amendment 5 #

2016/2034(INI)

Motion for a resolution
Recital A
A. whereas, since 2007, extreme price fluctuation has been a more common feature of world agricultural markets, with increasingly frequent and marked economic shocks;
2016/06/21
Committee: AGRI
Amendment 25 #

2016/2034(INI)

Motion for a resolution
Recital D a (new)
D a. Whereas, macro-economic conditions can play a key role of price volatility including structural factors such as exchange rates, energy and fertilizers process and interest rates as well as speculation on agricultural markets since these can be sold as financial assets;
2016/06/21
Committee: AGRI
Amendment 31 #

2016/2034(INI)

Motion for a resolution
Recital E a (new)
E a. Whereas every region in the world has its own production models as well as different measures in place with regards environment and animal welfare which can have serious implications for the cost- price of production and European farmers should be able to compete on the world market;
2016/06/21
Committee: AGRI
Amendment 39 #

2016/2034(INI)

Motion for a resolution
Recital G
G. whereas, in recent decades, market opening and economic globalisationagricultural markets, especially under the impulse of the WTO agreements, have become more open and competitive and meanwhile have accentuated price volatility;
2016/06/21
Committee: AGRI
Amendment 80 #

2016/2034(INI)

Motion for a resolution
Recital K a (new)
K a. Whereas tax-payers are worried about the spending of European funds and a more risk-based approach could enhance the legitimacy of agricultural spending and change the rationale of spending by making payments conditional, more based upon market developments and less structural;
2016/06/21
Committee: AGRI
Amendment 81 #

2016/2034(INI)

Motion for a resolution
Recital K a (new)
K a. stresses the significance, in the context of "digital revolution", of guaranteeing access to information and control of the agricultural data for farmers which may anticipate the market risks;
2016/06/21
Committee: AGRI
Amendment 98 #

2016/2034(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. highlights that the sector must be encouraged to set up initiatives to improve their management and entrepreneurial skills by foreseeing future liquidity flows and the impact of possible change in their business strategy in order to combat volatility and make themselves more competitive and strengthen their common bargaining power;
2016/06/21
Committee: AGRI
Amendment 188 #

2016/2034(INI)

Motion for a resolution
Paragraph 11
11. Recommends strengthening the organisational capability of the weakest links, especially the negotiation position of primary producers, in the various agricultural sectors and strengthening contractual systems;
2016/06/21
Committee: AGRI
Amendment 189 #

2016/2034(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Since the incomes of primary producers is increasingly determined by their position in the food supply chain, there is a need to promote reinforcement of the capacity for resilience specific to the various supply chains through continued strengthening and improvement of their functioning. In particular, contractualisation and fairer distribution of negotiating powers along the food chain. It is necessary to foster improvement in supply chain structure and collective approaches; ensuring greater powers for inter-branch bodies and producer organisations;
2016/06/21
Committee: AGRI
Amendment 194 #

2016/2034(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. stresses however that (long-term) contracts can limit flexibility and hamper entrepreneurship at farm level as farmers will be limited in responding to market developments;
2016/06/21
Committee: AGRI
Amendment 222 #

2016/2034(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Farmers should be encouraged to increase their level of cooperation in order to limit market risks and to strengthen their negotiation position in the food supply chain vis-à-vis retailers; Notes that competition authorities should provide farmers enough room and encouragement to set up this type of private sector initiatives;
2016/06/21
Committee: AGRI
Amendment 252 #

2016/2034(INI)

Motion for a resolution
Paragraph 16
16. Recommends that the tools for risk management, particularly the various types of insurance and mutual funds, be developed in terms of affordable access for farmers;
2016/06/21
Committee: AGRI
Amendment 253 #

2016/2034(INI)

Motion for a resolution
Paragraph 16
16. Recommends that the tools for risk management, particularly the various types of insurance and mutual funds, be further developed;
2016/06/21
Committee: AGRI
Amendment 256 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Considers that effective cash flow assistance is necessary to supplement the above provisions during the times of crises and abnormally low prices. To that end, it would be appropriate to put in place a measure for precautionary savings scheme for farmers. Its creation would make possible to add a countercyclical aspect to the CAP without undermining the principle of budget annularity. It would replace the EU crisis reserve, which would be ended;
2016/06/21
Committee: AGRI
Amendment 258 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. points out that the last CAP reform introduced three new types of risk management instruments; notes that the uptake of these tools in the programming period 2014–2020 by Member States had been limited;
2016/06/21
Committee: AGRI
Amendment 265 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Point out that the risk management instruments such as premium on insurances, mutual funds and income Stabilisation Tool, which were transferred to the second pillar, Regulation on support for rural development, and as result they have become optional measures which can be co-financed by the Member States, have been implemented in a limited number of countries;
2016/06/21
Committee: AGRI
Amendment 267 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. notes that agricultural production is highly subjected to extern influences such as natural disasters; calls on the Commission and Member States to enhance research and development on resistance mechanisms to prevent production and income losses to farmers;
2016/06/21
Committee: AGRI
Amendment 268 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Underlines that insurance tools could be an efficient measure to cope with volatility and will encourage forward looking farm management that will help reduce the need for ex-post crisis management;
2016/06/21
Committee: AGRI
Amendment 270 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Takes into account that the current risk management tools under regulation 1305/2013 are mainly focussed on a national/regional level and thus can cause differences between Member States regarding the implementation/financing of these tools;
2016/06/21
Committee: AGRI
Amendment 271 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. calls on the Commission to eliminate implementation difficulties in order to enhance the use of these risk management tools and thus increase farmer's ability to better cope with price volatilities;
2016/06/21
Committee: AGRI
Amendment 272 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Notes that the successful risk management instruments already implemented by Member States should be compatible with those which will be lay down in the next CAP reform;
2016/06/21
Committee: AGRI
Amendment 280 #

2016/2034(INI)

Motion for a resolution
Paragraph 16 h (new)
16 h. Notes that current implementation of the available risk management tools should be analysed in order to safeguard a European level playing field and the possible creation for instruments on a European level;
2016/06/21
Committee: AGRI
Amendment 288 #

2016/2034(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Highlights, that the measures of the present second pillar directed at fostering innovation and investment in emerging technologies should be substantially reinforced in order to enhance the competitiveness of European agriculture;
2016/06/21
Committee: AGRI
Amendment 341 #

2016/2034(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Farmers should be further informed how to benefit from financial instruments offered by the European Investment Bank since this Institution support the rural economy through its long-term financing;
2016/06/21
Committee: AGRI
Amendment 354 #

2016/2034(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Notes that all participants in the market place can and will make use of price-information to improve their bargaining positions;
2016/06/21
Committee: AGRI
Amendment 360 #

2016/2034(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Recommends the analyses of asymmetric price transmissions along the food chain by the European Commission and welcomes possible policy recommendations;
2016/06/21
Committee: AGRI
Amendment 31 #

2016/2018(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the new IIA’s provisions on impact assessments, notably the principle that they may inform but never be a substitute for political decisions or cause undue delays to the legislative process; recalls that the Commission, in the Small Business Act, made a commitment to implementing the ‘think small first’ principle in its policymaking, and that this includes the SME test to assess the impact of forthcoming legislation and administrative initiatives on SMEs27 ; recalls that in its decision of 9 March 2016 on the new IIA Parliament stated that the wording of the new IIA does not sufficiently commit the three Institutions to include SME and competitiveness tests in their impact assessments28 ; underlines that, throughout the legislative procedure and in all assessments of the impact of proposed legislation, particular attention must be paid to the potential impacts on those who have least opportunity to present their concerns to decision takers, including SMEs and others who do not have the advantage of easy access to the Institutions; stresses the importance of taking into account and paying attention to the needs of SMEs at all stages of the legislative cycle and expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness should be considered and reported systematically in all impact assessments; encourages the Commission to consider how the impact on SMEs can be taken into account even better, including in connection with the European added value of a proposal, and intends to follow this issue closely in the years to come; expresses satisfaction that the Commission’s Better Regulation Guidelines prescribe that potential impacts on SMEs and competitiveness should be considered and reported systematically in all impact assessments; _________________ 27 See Parliament’s resolution of 27 November 2014 on the revision of the Commission’s impact assessment guidelines and the role of the SME test (OJ C 289, 9.8.2016, p. 53), paragraph 16. 28 See Parliament’s resolution of 9 March 2016 on the conclusion of an Interinstitutional Agreement on Better Law-Making between the European Parliament, the Council of the European Union and the European Commission (Texts adopted, P8_TA(2016)0081), paragraph 4.
2018/02/13
Committee: JURIAFCO
Amendment 75 #

2016/2018(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the commitment made by the Commission, before adopting a proposal, to consult widely and encourage, in particular, the direct participation of SMEs, civil society and other end-users in consultations; notes with satisfaction that the Commission’s revised Better Regulation Guidelines take such a direction;
2018/02/13
Committee: JURIAFCO
Amendment 82 #

2016/2018(INI)

Motion for a resolution
Paragraph 27
27. Welcomes the commitments made by the Commission as regards the scope of the explanatory memorandum accompanying each of its proposals; expresses particular satisfaction at the fact that the Commission will also explain how the measures proposed are justified in the light of the principles of subsidiarity and proportionality; underlines in this regard the importance of a strengthened and comprehensive assessment and justification regarding compliance with the principle of subsidiarity;
2018/02/13
Committee: JURIAFCO
Amendment 117 #

2016/2018(INI)

Motion for a resolution
Paragraph 46 a (new)
46a. Acknowledges the mandate approved by the Permanent Representatives Committee on 6 December 2017 agreeing on the Council's position on the Commission proposal for a mandatory transparency register; calls on the Council to enter into negotiations in a spirit of good cooperation;
2018/02/13
Committee: JURIAFCO
Amendment 2 #

2016/0404(COD)

Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a proportionality test before adoption of new regulation of services and professions (Text with EEA relevance)
2017/09/11
Committee: EMPL
Amendment 4 #

2016/0404(COD)

Proposal for a directive
Recital 1
(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well as the freedom to conduct a business. The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty. National rules organising access to service activities, and in particular the activities of regulated professions should therefore not constitute any unjustified and disproportionate obstacle to the exercise of those fundamental rights.
2017/09/11
Committee: EMPL
Amendment 6 #

2016/0404(COD)

Proposal for a directive
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a service activity, such as an activity of a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a service activity or profession within the limits of the principles of non- discrimination and proportionality.
2017/09/11
Committee: EMPL
Amendment 12 #

2016/0404(COD)

Proposal for a directive
Recital 7
(7) The activities covered by this Directive should concern the legislative, regulatory or administrative provisions of Member States restricting the access to or pursuit of service activities, including in particular the activities of the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given service activity or a regulated profession.
2017/09/11
Committee: EMPL
Amendment 15 #

2016/0404(COD)

Proposal for a directive
Recital 7 a (new)
(7 a) The rules of this Directive on a common framework for conducting proportionality assessments should begin to apply before Member States introduce new, or amend existing, legislative, regulatory or administrative provisions restricting the access to or pursuit of services activities, including, in particular, the activities of regulated professions.In addition, where the provisions being introduced, or amended, make substantive changes to the regulation of service activities or concern a profession, the existing requirements that are not being amended should also be subject to the proportionality assessment under this Directive.
2017/09/11
Committee: EMPL
Amendment 34 #

2016/0404(COD)

Proposal for a directive
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting the access to or pursuit of service activities, including the activities of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review of the proportionality of restrictive national legislation in the area of regulated service activities, and in particular the activities of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted.
2017/09/11
Committee: EMPL
Amendment 41 #

2016/0404(COD)

Proposal for a directive
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions, and in particular requirements relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. Where those objectives apply, regulation of professions should be considered to be a necessary safeguard of the public interest rather than an obstacle to competition and free movement. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
2017/09/11
Committee: EMPL
Amendment 49 #

2016/0404(COD)

Proposal for a directive
Recital 12 a (new)
(12 a) Where an example of regulation of professions is justified by the protection of public health, the special characteristics of health services should be borne in mind. Health services are very different from other services, and patients are very different from other service recipients.Consequently, health professions should be considered to be typically subject to regulation of professions.
2017/09/11
Committee: EMPL
Amendment 51 #

2016/0404(COD)

Proposal for a directive
Recital 13
(13) Where a Member State intends to regulate a service activity, and in particular the access to or pursuit of a profession, or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them.
2017/09/11
Committee: EMPL
Amendment 56 #

2016/0404(COD)

Proposal for a directive
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance when assessing the requirements falling within the scope of Directive 2005/36/EC: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
2017/09/11
Committee: EMPL
Amendment 56 #

2016/0404(COD)

Proposal for a directive
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a proportionality test before adoption of new regulation of services and professions (Text with EEA relevance)
2017/09/08
Committee: IMCO
Amendment 57 #

2016/0404(COD)

Proposal for a directive
Recital 1
(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well as the freedom to conduct a business. The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty. National rules organising access to service activities, and in particular the activities of regulated professions should therefore not constitute any unjustified and disproportionate obstacle to the exercise of those fundamental rights.
2017/09/08
Committee: IMCO
Amendment 59 #

2016/0404(COD)

Proposal for a directive
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a service activity, such as an activity of a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a service activity or a profession within the limits of the principles of non- discrimination and proportionality.
2017/09/08
Committee: IMCO
Amendment 60 #

2016/0404(COD)

Proposal for a directive
Recital 17
(17) Where a Member State regulates a service activity or a profession, account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of service activities and regulated professions.
2017/09/11
Committee: EMPL
Amendment 66 #

2016/0404(COD)

Proposal for a directive
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of service activities, including the activities of regulated professions, within the Union is proportionate to the importance of the objectives pursued and the expected gains.
2017/09/11
Committee: EMPL
Amendment 67 #

2016/0404(COD)

Proposal for a directive
Recital 7
(7) The activities covered by this Directive should concern the legislative, regulatory or administrative provisions of Member States restricting the access to or pursuit of service activities, including in particular the activities of the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given service activity or a regulated profession.
2017/09/08
Committee: IMCO
Amendment 71 #

2016/0404(COD)

Proposal for a directive
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as, language knowledge requirements, to the extent necessary toauthorisation schemes, restrictions on advertising as well as mandatory tariff requirements, to the extent necessary to exercise service activities or practise the profession. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures.
2017/09/11
Committee: EMPL
Amendment 73 #

2016/0404(COD)

Proposal for a directive
Recital 7 a (new)
(7a) The rules of this Directive on a common framework for conducting proportionality assessments should begin to apply before Member States introduce new, or amend existing, legislative, regulatory or administrative provisions restricting the access to or pursuit of services activities, including in particular the activities of regulated professions. In addition, where the provisions being introduced, or amended, make substantive changes to the regulation of service activities or concern a profession, the existing requirements that are not being amended should also be subject to the proportionality assessment under this Directive.
2017/09/08
Committee: IMCO
Amendment 76 #

2016/0404(COD)

Proposal for a directive
Recital 20 a (new)
(20 a) The proportionality criteria as set out in this Directive should be applied to the appropriate extent and degree of intensity as part of an assessment of proportionality to be undertaken before introducing new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions.The extent and degree of intensity applied during the assessment should be proportionate to the content of the provision being introduced and its impact.
2017/09/11
Committee: EMPL
Amendment 81 #

2016/0404(COD)

Proposal for a directive
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information toconsult citizens, representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of service activities, including the activities of regulated professions, and give them the opportunity to make knownthat they take account of their views.
2017/09/11
Committee: EMPL
Amendment 86 #

2016/0404(COD)

Proposal for a directive
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encourage the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of services and professions.
2017/09/11
Committee: EMPL
Amendment 87 #

2016/0404(COD)

Proposal for a directive
Recital 23
(23) In order to increase transparency and promote proportionality assessments based on comparable criteria, it is important that the information on regulated professions submitted by Member States be easily accessible in the database of regulated professions to allow all interested parties to submit comments.
2017/09/11
Committee: EMPL
Amendment 88 #

2016/0404(COD)

Proposal for a directive
Recital 24
(24) Since the objectives of this Directive, namely the removal of disproportionate restrictions on access to or pursuit of service activities, and in particular the activities of regulated professions cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
2017/09/11
Committee: EMPL
Amendment 91 #

2016/0404(COD)

Proposal for a directive
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting the access to or pursuit of service activities, including the activities of regulated professions, on a regular basis and with a frequency appropriate to the regulation concerned. A review of the proportionality of restrictive national legislation in the area of regulated service activities, and in particular the activities of regulated professions, should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted.
2017/09/08
Committee: IMCO
Amendment 97 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to or exercise of service activities, and in particular requirements restricting the access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC. Article 9 of this Directive shall apply to requirements falling within the scope of Directive 2005/36/EC.
2017/09/11
Committee: EMPL
Amendment 101 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1 a. The common framework for conducting proportionality assessments set out in this Directive shall apply to new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions.Where those new or amended provisions make substantive changes to the regulation of a service activity or the profession concerned, the common framework for conducting proportionality assessments shall also apply to existing requirements that are not being amended.
2017/09/11
Committee: EMPL
Amendment 103 #

2016/0404(COD)

Proposal for a directive
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions, and in particular requirements relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. Where those objectives apply, regulation of professions should be considered to be a necessary safeguard of the public interest rather than an obstacle to competition and free movement. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
2017/09/08
Committee: IMCO
Amendment 105 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 2
2. Where specific arrangements concerning the regulation of a service activity or a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply.
2017/09/11
Committee: EMPL
Amendment 106 #

2016/0404(COD)

Proposal for a directive
Recital 12 a (new)
(12a) Where an example of regulation of professions is justified by the protection of public health, the special characteristics of health services should be borne in mind. Health services are very different from other services, and patients are very different from other service recipients. Consequently, health professions should be considered to be typically subject to regulation of professions.
2017/09/08
Committee: IMCO
Amendment 112 #

2016/0404(COD)

Proposal for a directive
Recital 13
(13) Where a Member State intends to regulate a service activity, and in particular the access to or pursuit of a profession, or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them.
2017/09/08
Committee: IMCO
Amendment 114 #

2016/0404(COD)

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
(b a) "service activity" means any economic activity, normally provided for remuneration, within the meaning of Article 57 TFEU.
2017/09/11
Committee: EMPL
Amendment 119 #

2016/0404(COD)

Proposal for a directive
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance when assessing the requirements falling within the scope of Directive 2005/36/EC: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
2017/09/08
Committee: IMCO
Amendment 121 #

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing service activities, including in particular the activities of regulated professiones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
2017/09/11
Committee: EMPL
Amendment 122 #

2016/0404(COD)

Proposal for a directive
Recital 17
(17) Where a Member State regulates a service activity or a profession, account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of service activities and regulated professions.
2017/09/08
Committee: IMCO
Amendment 128 #

2016/0404(COD)

Proposal for a directive
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of service activities, including the activities of regulated professions, within the Union is proportionate to the importance of the objectives pursued and the expected gains.
2017/09/08
Committee: IMCO
Amendment 137 #

2016/0404(COD)

Proposal for a directive
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as, language knowledge requirements, to the extent necessary toauthorisation schemes, restrictions on advertising as well as mandatory tariff requirements, to the extent necessary to exercise service activities or practise the profession. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures.
2017/09/08
Committee: IMCO
Amendment 140 #

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities of regulated professions, on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopted.
2017/09/11
Committee: EMPL
Amendment 140 #

2016/0404(COD)

Proposal for a directive
Recital 20 a (new)
(20a) The proportionality criteria as set out in this Directive should be applied to the appropriate extent and degree of intensity as part of an assessment of proportionality to be undertaken before introducing new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions. The extent and degree of intensity applied during the assessment should be proportionate to the content of the provision being introduced and its impact.
2017/09/08
Committee: IMCO
Amendment 146 #

2016/0404(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities of regulated professions, they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives. Where those provisions introduce substantive changes to the regulation of a service activity or the profession concerned, Member States shall also review whether the existing regulation that is not being amended remains justified by its underlying public interest objectives.
2017/09/11
Committee: EMPL
Amendment 147 #

2016/0404(COD)

Proposal for a directive
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information toconsult citizens, representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of service activities, including the activities of regulated professions, and give them the opportunity to make knownthat they take account of their views.
2017/09/08
Committee: IMCO
Amendment 149 #

2016/0404(COD)

Proposal for a directive
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encourage the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of services and professions.
2017/09/08
Committee: IMCO
Amendment 152 #

2016/0404(COD)

Proposal for a directive
Recital 23
(23) In order to increase transparency and promote proportionality assessments based on comparable criteria, it is important that the information on regulated professions submitted by Member States be easily accessible in the database of regulated professions to allow all interested parties to submit comments.
2017/09/08
Committee: IMCO
Amendment 153 #

2016/0404(COD)

Proposal for a directive
Recital 24
(24) Since the objectives of this Directive, namely the removal of disproportionate restrictions on access to or pursuit of service activities, and in particular the activities of regulated professions, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
2017/09/08
Committee: IMCO
Amendment 154 #

2016/0404(COD)

Proposal for a directive
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services, including patients, and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
2017/09/11
Committee: EMPL
Amendment 161 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to or exercise of service activities, and in particular requirements restricting the access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC. Article 9 of this Directive shall apply to requirements falling within the scope of Directive 2005/36/EC.
2017/09/08
Committee: IMCO
Amendment 163 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing oneservice activities, including the activities of regulated professions, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective Where those provisions introduce substantive changes to the regulation of a services activity or the profession concerned, Member States shall also assess the proportionality of the existing regulation.
2017/09/11
Committee: EMPL
Amendment 165 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1 a. The common framework for conducting proportionality assessments set out in this Directive shall apply to new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions. Where those new or amended provisions make substantive changes to the regulation of a service activity or the profession concerned, the common framework for conducting proportionality assessments shall also apply to existing requirements that are not being amended.
2017/09/08
Committee: IMCO
Amendment 169 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the competent authorities shall apply the criteria set out in this paragraph in a considered manner, and having regard to the particular circumstances of the individual case and the nature of the provision being assessed. The relevant competent authorities shall consider in particular:
2017/09/11
Committee: EMPL
Amendment 170 #

2016/0404(COD)

Proposal for a directive
Article 2 – paragraph 2
2. Where specific arrangements concerning the regulation of a service activity or a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply.
2017/09/08
Committee: IMCO
Amendment 174 #

2016/0404(COD)

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
(ba) "service activity" means any economic activity, normally provided for remuneration, within the meaning of Article 57 TFEU.
2017/09/08
Committee: IMCO
Amendment 178 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, service recipients, including patients, to professionals or third parties;
2017/09/11
Committee: EMPL
Amendment 181 #

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing service activities, including in particular the activities of regulated professiones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
2017/09/08
Committee: IMCO
Amendment 184 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b
(b) the suitability of the provision, namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
2017/09/11
Committee: EMPL
Amendment 186 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
(b a) whether the provision genuinely reflects the pursued objective in a consistent and systematic manner and, therefore, addresses the risks identified in a similar way as in comparable activities;
2017/09/11
Committee: EMPL
Amendment 192 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
(c a) the scientific and technological developments which might reduce the asymmetry of information between professionals and consumers;
2017/09/11
Committee: EMPL
Amendment 193 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
(c b) the economic impact of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;
2017/09/11
Committee: EMPL
Amendment 194 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c c (new)
(c c) the possibility to use less restrictive means to achieve public interest objective;where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by the use of a protected professional title, without reserving activities;
2017/09/11
Committee: EMPL
Amendment 195 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c d (new)
(c d) the cumulative effect of restrictions to both the access and pursuit of the service activity, including the activity of a regulated profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.
2017/09/11
Committee: EMPL
Amendment 195 #

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities of regulated professions, on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopted.
2017/09/08
Committee: IMCO
Amendment 197 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point d
(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;deleted
2017/09/11
Committee: EMPL
Amendment 199 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point e
(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;deleted
2017/09/11
Committee: EMPL
Amendment 203 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;deleted
2017/09/11
Committee: EMPL
Amendment 205 #

2016/0404(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities of regulated professions, they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives. Where those provisions introduce substantive changes to the regulation of a service activity or the profession concerned, Member States shall also review whether the existing regulation that is not being amended remains justified by its underlying public interest objectives.
2017/09/08
Committee: IMCO
Amendment 208 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point g
(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted
2017/09/11
Committee: EMPL
Amendment 211 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;deleted
2017/09/11
Committee: EMPL
Amendment 212 #

2016/0404(COD)

Proposal for a directive
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services, including patients, and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
2017/09/08
Committee: IMCO
Amendment 215 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;deleted
2017/09/11
Committee: EMPL
Amendment 219 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing service activities, including the activities of regulated professiones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective. Where those provisions introduce substantive changes to the regulation of a services activity or the profession concerned, Member States shall also assess the proportionality of the existing regulation.
2017/09/08
Committee: IMCO
Amendment 223 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the public interest objective;deleted
2017/09/11
Committee: EMPL
Amendment 224 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the competent authorities shall apply the criteria set out in this paragraph in a considered manner, and having regard to the particular circumstances of the individual case and the nature of the provision being assessed. The relevant competent authorities shall consider in particular:
2017/09/08
Committee: IMCO
Amendment 230 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point k
(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.deleted
2017/09/11
Committee: EMPL
Amendment 233 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2 a. When assessing the proportionality of the provisions falling within the scope of Directive 2005/36/EC, the relevant competent authorities shall also consider: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required; (c) the existence of different routes to obtain the professional qualification; (d) whether and why the activities reserved to certain professions can or cannot be shared with other professions; (e) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
2017/09/11
Committee: EMPL
Amendment 233 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, service recipients, including patients, to professionals or third parties;
2017/09/08
Committee: IMCO
Amendment 236 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.deleted
2017/09/11
Committee: EMPL
Amendment 236 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
2017/09/08
Committee: IMCO
Amendment 242 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
(ba) whether the provision genuinely reflects the objective pursued in a consistent and systematic manner and therefore, addresses the risks identified in a similar way as in comparable activities;
2017/09/08
Committee: IMCO
Amendment 244 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – introductory part
4. For the purposes of point (cd) of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:
2017/09/11
Committee: EMPL
Amendment 245 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
(ca) the scientific and technological developments which might reduce the asymmetry of information between professionals and consumers;
2017/09/08
Committee: IMCO
Amendment 247 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
(c b) the economic impact of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;
2017/09/08
Committee: IMCO
Amendment 248 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;
2017/09/11
Committee: EMPL
Amendment 248 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c c (new)
(c c) the possibility to use less restrictive means to achieve public interest objective; where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by the use of a protected professional title, without reserving activities;
2017/09/08
Committee: IMCO
Amendment 249 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
(a a) a protected professional title;
2017/09/11
Committee: EMPL
Amendment 249 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point c d (new)
(c d) the cumulative effect of restrictions to both the access and pursuit of the service activity, including the activity of a regulated profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.
2017/09/08
Committee: IMCO
Amendment 250 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point d
(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;deleted
2017/09/08
Committee: IMCO
Amendment 253 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point b
(b) continuousmandatory professional development requirements;
2017/09/11
Committee: EMPL
Amendment 254 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point e
(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;deleted
2017/09/08
Committee: IMCO
Amendment 259 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;deleted
2017/09/08
Committee: IMCO
Amendment 266 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point g
(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted
2017/09/08
Committee: IMCO
Amendment 268 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;deleted
2017/09/08
Committee: IMCO
Amendment 272 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;deleted
2017/09/08
Committee: IMCO
Amendment 277 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the public interest objective;deleted
2017/09/08
Committee: IMCO
Amendment 280 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point k
(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.deleted
2017/09/08
Committee: IMCO
Amendment 281 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.;
2017/09/11
Committee: EMPL
Amendment 283 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
(j a) authorisation schemes;
2017/09/11
Committee: EMPL
Amendment 283 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
(The points in this new paragraph 2a come, with some changes, from the existing paragraph2 a. When assessing the proportionality of the provisions falling within the scope of Directive 2005/36/EC, the relevant competent authorities shall also consider: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required; (c) the existence of different routes to obtain the professional qualification; (d) whether and why the activities reserved to certain professions can or cannot be shared with other professions; (e) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional; Or. en 2 of the COM proposal.)
2017/09/08
Committee: IMCO
Amendment 284 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j b (new)
(j b) requirements on advertising;
2017/09/11
Committee: EMPL
Amendment 285 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j c (new)
(j c) compulsory tariff requirements.
2017/09/11
Committee: EMPL
Amendment 286 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.deleted
2017/09/08
Committee: IMCO
Amendment 290 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – introductory part
4. For the purposes of point (cd) of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:
2017/09/08
Committee: IMCO
Amendment 292 #

2016/0404(COD)

Proposal for a directive
Article 7 – paragraph 1
Member States shall, by appropriate means, informconsult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing services activities, including activities of regulated professiones, and give them the opportunity to make knowntake account of their views.
2017/09/11
Committee: EMPL
Amendment 293 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;
2017/09/08
Committee: IMCO
Amendment 296 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
(aa) a protected professional title;
2017/09/08
Committee: IMCO
Amendment 297 #

2016/0404(COD)

Proposal for a directive
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing onesservices activities, including activities of regulated professions, and when reviewing existing regulation in case of substantive changes being introduced, Member States shall encourage the exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
2017/09/11
Committee: EMPL
Amendment 299 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point b
(b) mandatory continuous professional development requirements;
2017/09/08
Committee: IMCO
Amendment 303 #

2016/0404(COD)

Proposal for a directive
Article 9 – paragraph 1
1. The reasons for considering that provisions restricting access to or the pursuit of regulated professions, assessed in accordance with this Directive, are justified, necessary and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
2017/09/11
Committee: EMPL
Amendment 305 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.;
2017/09/08
Committee: IMCO
Amendment 306 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
(ja) authorisation schemes;
2017/09/08
Committee: IMCO
Amendment 307 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j b (new)
(j b) requirements on advertising;
2017/09/08
Committee: IMCO
Amendment 308 #

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point j c (new)
(j c) compulsory tariff requirements.
2017/09/08
Committee: IMCO
Amendment 314 #

2016/0404(COD)

Proposal for a directive
Article 7 – paragraph 1
Member States shall, by appropriate means, informconsult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of services activities, including activities of regulated professions, or amending existing ones, and give them the opportunity to make knowntake account of their views.
2017/09/08
Committee: IMCO
Amendment 319 #

2016/0404(COD)

Proposal for a directive
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing onesservices activities, including activities of regulated professions, and when reviewing existing regulation in case of substantive changes being introduced, Member States shall encourage the exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
2017/09/08
Committee: IMCO
Amendment 323 #

2016/0404(COD)

Proposal for a directive
Article 9 – paragraph 1
1. The reasons for considering that provisions restricting access to or the pursuit of regulated professions, assessed in accordance with this Directive, are justified, necessary and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
2017/09/08
Committee: IMCO
Amendment 27 #

2016/0402(COD)

Proposal for a directive
Recital 12
(12) The main purpose of the European services e-card is to introduce a voluntary, uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States whereWhen a service provider is interested in expanding to should furthermoreanother Member State (the host Member State), the coordinating authority of the latter should not apply, to any holders of an e-card, their his prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, whichbeing ist already the object of control before issue of a European services e-card.
2017/10/27
Committee: EMPL
Amendment 36 #

2016/0402(COD)

Proposal for a directive
Recital 24
(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, complete it and validate its contents in order to accurately demonstrate legal establishment of the provider in its home Member State and describe its circumstances in a manner conducive for host Member State's authorities to pursue their own controls. A mere letter box does not constitute an establishment. While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redress.
2017/10/27
Committee: EMPL
Amendment 39 #

2016/0402(COD)

Proposal for a directive
Recital 28 a (new)
(28a) In the assessment of an application for an European services e- card, as specified in articles 12 and 13, the host Member State shall not duplicate requirements and controls which are equivalent or essentially comparable, as regards their purpose, to which the service provider is already subject in the home Member State.
2017/10/27
Committee: EMPL
Amendment 75 #

2016/0402(COD)

Proposal for a directive
Article 4 a (new)
Article 4a Voluntary nature of the European services e-card Member States shall not require service providers to request or hold a European services e-card, except in case a service provider has freely opted to apply for the European services e-card, or the European services e-card has been issued to a service provider and the service provider makes use of the European services e-card in accordance with Article 5. A service provider that does not opt to apply for a European services e-card, or that has had the application for a European services e-card rejected or that holds no longer a valid European services e-card, may nevertheless provide services in accordance with Directive 2006/123/EC.
2017/10/27
Committee: EMPL
Amendment 120 #

2016/0402(COD)

Proposal for a directive
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicateUpon completion of the tasks referred to in paragraph 1, the coordinating authority of the home Member State shall transmit without delay the application to the coordinating authority of the host Member State, with information to the applicantand, at the same time, inform the applicant of the transmission.
2017/10/27
Committee: EMPL
Amendment 125 #

2016/0402(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application, the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State, with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may, within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
2017/10/27
Committee: EMPL
Amendment 157 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within one weekout delay upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
2017/10/27
Committee: EMPL
Amendment 164 #

2016/0402(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one weekout delay, whether to issue the European services e- card or reject the application for the European services e-card.
2017/10/27
Committee: EMPL
Amendment 36 #

2016/0398(COD)

Proposal for a directive
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated in order to minimise the number of new infringement cases and to prevent the fragmentation of the internal market. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union law.
2017/09/07
Committee: IMCO
Amendment 48 #

2016/0398(COD)

Proposal for a directive
Recital 7 a (new)
(7a) In the case of regulatory measures that implement authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level, the implementing measures should only be notified if they impose new restrictions or obligations on service providers, thus extending the scope or content of the original authorisation scheme or requirement.
2017/09/07
Committee: IMCO
Amendment 61 #

2016/0398(COD)

Proposal for a directive
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals, and should bring with it immediate and clear consequences as regards the validity of the measure concerned.
2017/09/07
Committee: IMCO
Amendment 65 #

2016/0398(COD)

Proposal for a directive
Recital 9
(9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time, and be given the opportunity to provide feedback on these amendments. Modifications of merely clerical nature should not be communicated.
2017/09/07
Committee: IMCO
Amendment 73 #

2016/0398(COD)

Proposal for a directive
Recital 10 a (new)
(10a) In exceptional circumstances, where there is a demonstrable threat to public health, public safety or the environment, Member States should be able to adopt temporary urgency measures without going through the normal notification procedure. All such measures should be communicated to the Commission upon adoption. In order to avoid misuse of the urgency procedure, the Commission should have the power to review such measures, and request their withdrawal, should they be found to be unjustified.
2017/09/07
Committee: IMCO
Amendment 79 #

2016/0398(COD)

Proposal for a directive
Recital 12
(12) The notification obligation set out in Directive 2006/123/EC requires Member States to inform the Commission and other Member States of requirements covered by Article 15(2), the third subparagraph of Article 16(1) and the first sentence of Article 16(3) of Directive 2006/123/EC. The application of that Directive has shown that authorisation schemes or requirements related to authorisation schemes, professional liability insurance, professional rules on commercial communication, guarantees or similar arrangements, and multi-disciplinary restrictions are common and can constitute important barriers in the single market for services. They should hence also be covered by a notification obligation to facilitate the compliance of relevant Member States' draft laws, regulations and administrative provisions with Directive 2006/123/EC. The requirements mentioned in Article 16(2) of Directive 2006/123/EC are covered by the notification obligation to the extent that they fall under Article 16(3).
2017/09/07
Committee: IMCO
Amendment 99 #

2016/0398(COD)

Proposal for a directive
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals. To discourage Member States from by-passing the notification procedure, measures that are adopted incorrectly should be treated the same way as measures that do not comply with Directive 2006/123/EC.
2017/09/07
Committee: IMCO
Amendment 105 #

2016/0398(COD)

Proposal for a directive
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/EC or, in the case of urgency measures, where they do not meet the necessary conditions to be considered justified.
2017/09/07
Committee: IMCO
Amendment 126 #

2016/0398(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or modifies such existing requirements or authorisation schemes, except when the introduction or modification of the measure meets one of the conditions set out in paragraph 1a.
2017/09/07
Committee: IMCO
Amendment 130 #

2016/0398(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new)
1 a. Member States shall not be obliged to notify to the Commission draft measures which: (a) implement requirements or authorisation schemes which have already been notified to the Commission and adopted by the Member State concerned, as long as the draft measures do not go beyond the scope or content of the requirement or authorisation scheme concerned, and do not add new restrictions for the establishment or the cross-border provision of services; (b) modify existing requirements or authorisation schemes in such a way as to reduce their scope or to remove restrictions from the establishment or the cross-border provision of services; or (c) repeal existing requirements or authorisation schemes.
2017/09/07
Committee: IMCO
Amendment 148 #

2016/0398(COD)

Proposal for a directive
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2) shall constitute a substantial procedural dWhere the Commission becomes aware of the fact that a Member State, in adopting a measure, has breached one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2), this measure shall not be considered legally binding and the Commission shall ask the Member State concerned to suspend the legal, regulatory, and administrative effects of a serious nature as regards its effects vis-à-vis individualsthe measure. Within 3 months of the Commission becoming aware of the breach, it shall adopt a Decision requiring the Member State to repeal the measure concerned. Once the measure has been repealed, the Member State may reintroduce it following the procedure set out in this Article.
2017/09/07
Committee: IMCO
Amendment 161 #

2016/0398(COD)

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-either directly nor indirectly discriminatory on grounds of nationality or residence and why it is proportionate.
2017/09/07
Committee: IMCO
Amendment 167 #

2016/0398(COD)

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 3
That information shall include an assessment demonstrating that the draft measure does not go beyond what is necessary to obtain the objective pursued and that less restrictive means are not available, as well as specific evidence substantiating the arguments put forward by the notifying Member State.
2017/09/07
Committee: IMCO
Amendment 173 #

2016/0398(COD)

Proposal for a directive
Article 3 a (new)
Article 3 a Urgency procedure 1. A Member State may derogate from the obligations set out in Article 3(1), (2), (3) in cases where, for urgent reasons occasioned by serious and unforeseeable circumstances relating to the protection of the health and safety of persons or the environment, the Member State is obliged to prepare draft measures in a very short space of time in order to adopt them immediately without any consultation being possible. Such measures shall apply for a maximum period of three months. 2. Urgency measures referred to in paragraph 1 shall be communicated to the Commission immediately upon their adoption. 3. In the communication, the Member State shall provide the reasons which warrant the urgency of the adopted measure. 4. Upon receipt of the communication referred to in paragraph 2, the Commission may assess the compatibility of the communicated measure with the conditions set out in paragraph 1 and, where the Commission considers that a measure does not comply with those conditions, it may adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to repeal the urgency measure.
2017/09/07
Committee: IMCO
Amendment 179 #

2016/0398(COD)

Proposal for a directive
Article 4 – paragraph 1 – point e a (new)
(e a) professional rules on commercial communications as referred to in Article 24(2) of Directive 2006/123/EC
2017/09/07
Committee: IMCO
Amendment 229 #

2016/0398(COD)

Proposal for a directive
Article 8 – paragraph 1 a (new)
Stakeholders shall be able to use the website to provide feedback on the published notifications, as well as to alert the Commission of draft or adopted measures which have not been notified.
2017/09/07
Committee: IMCO
Amendment 231 #

2016/0398(COD)

Proposal for a directive
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures, as well as the alerts issued and decisions taken by the Commission under Articles 6 and 7.
2017/09/07
Committee: IMCO
Amendment 176 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 213 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) after the term “, point (ii) is replaced by the following: (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;
2018/01/23
Committee: EMPL
Amendment 221 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or impairment, require considerable assistance from another person or persons to carry out essential daily activities, including to support their personal autonomy; this includes benefits granted to or for the person providing such assistance;
2018/01/23
Committee: EMPL
Amendment 259 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46OJ L 018, 21.01.1997 p. 1.
2018/01/23
Committee: EMPL
Amendment 301 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Sickness, maternity and equivalent paternity benefits lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)14a. In Title III, the title of Chapter 1 is replaced by the following: “Sickness, long-term care, maternity and equivalent paternity benefits” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 322 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
2018/01/23
Committee: EMPL
Amendment 465 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
2018/01/23
Committee: EMPL
Amendment 474 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4
– the withdrawal of the document when its accuracy and validity is contested for justified reasons by the competent institution of the Member State of employment.
2018/01/23
Committee: EMPL
Amendment 505 #

2016/0397(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)Regulation (EC) No 883/2004

Article 88 b (new)
27a. The following article is inserted: “Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission, which shall be a Committee within the meaning of Regulation (EU) No 182/2001. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
2018/01/23
Committee: EMPL
Amendment 536 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2– point c
(c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it mayshall submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that document by the issuing institution in accordance within the procedure and timeframes set out above..
2018/01/23
Committee: EMPL
Amendment 585 #

2016/0397(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
2018/01/23
Committee: EMPL
Amendment 692 #

2016/0397(COD)

Proposal for a regulation
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – subheading
(Article 35a(3))deleted
2018/01/23
Committee: EMPL
Amendment 35 #

2016/0282(COD)

Proposal for a regulation
Article 263 – paragraph 1 – point 1
Regulation (EU) No 1296/2013
Article 5 – paragraph 2 – point a
(a) at least 189% to the Progress axis;
2017/03/30
Committee: EMPL
Amendment 36 #

2016/0282(COD)

Proposal for a regulation
Article 263 – paragraph 1 – point 1
Regulation (EU) No 1296/2013
Article 5 – paragraph 2 – point b
(b) at least 189% to the EURES axis;
2017/03/30
Committee: EMPL
Amendment 37 #

2016/0282(COD)

Proposal for a regulation
Article 263 – paragraph 1 – point 1
Regulation (EU) No 1296/2013
Article 5 – paragraph 2 – point c
(c) at least 189% to the Microfinance and Social Entrepreneurship axis.
2017/03/30
Committee: EMPL
Amendment 68 #

2016/0282(COD)

Proposal for a regulation
Article 271 – paragraph 1 – point 1
Regulation (EU) No 1309/2013
Article 6 – paragraph 2
2. By way of derogation from Article 2, applicant Member States may provide personalised services co-financed by the EGF to up to a number of NEETs under the age of 25, or where Member States so decide under the age of 30, on the date of submission of the application, equal to the number of targeted beneficiaries, as a priority to persons made redundant or whose activity has ceased, provided that at least some of the redundancies within the meaning of Article 3 occur in NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 25 % in 2012 and, for Member States where the youth unemployment rate had increased by more than 30 % in 2012, NUTS level 2 regions that had youth unemployment rates of more than 20 % in 2012. The support may be rendered to NEETs under the age of 25, or where Member States so decide under the age of 30, in those NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 25 % in 2012 and, for Member States where the youth unemployment rate had increased by more than 30 % in 2012, NUTS level 2 regions that had youth unemployment rates of more than 20 % in 2012. The European Commission may adopt implementing acts establishing common youth unemployment rates per year for the EGF requirements.
2017/03/30
Committee: EMPL
Amendment 71 #

2016/0282(COD)

Proposal for a regulation
Article 273 – paragraph 1 – point 6
Regulation (EU) No 223/2014
Article 42 – paragraph 3
The payment deadline referred to in paragraph 2 may be suspendinterrupted by the managing authority in either of the following duly justified cases:
2017/03/30
Committee: EMPL
Amendment 155 #

2016/0281(COD)

Proposal for a regulation
Recital 15 b (new)
(15b) Calls for maximum efficiency and effectiveness in financing and investments' management under the EFSD.
2017/03/27
Committee: AFETDEVEBUDG
Amendment 168 #

2016/0281(COD)

Proposal for a regulation
Recital 19
(19) In order to contribute to the international fight against tax fraud, tax evasion, fraud, corruption and money- laundering, all financing through EFSD should be provided in a completely transparent manner. Furthermore the eligible counterparts should not support any activities carried out for illegal purposes and should notnor participate in any financing or investment operation through a vehicle located in a non-cooperative jurisdiction. or in tax haven. Counterparts shall also refrain from making any use of tax avoidance or aggressive tax planning schemes.
2017/03/27
Committee: AFETDEVEBUDG
Amendment 229 #

2016/0281(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. The Commission shall establish and make public a scoreboard of indicators covering all three dimensions of sustainable development to be used for the selection of the economically viable projects, to ensure an independent and transparent assessment of the potential and actual use of the EU guarantee.
2017/03/27
Committee: AFETDEVEBUDG
Amendment 298 #

2016/0281(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The Commission mayshall define investment windows for specific regions or partner countries or for both, for specific sectors, for specific projects or for specific categories of final beneficiaries or for both to be funded by instruments referred to in Article 9 to be covered by the EFSD Guarantee up to a fixed amount. In addition, the EIB should provide a written opinion on banking-related matters to accompany each proposal for investment windows. All requests for financial support within investment windows shall be made to the Commission.
2017/03/27
Committee: AFETDEVEBUDG
Amendment 133 #

2016/0280(COD)

Proposal for a directive
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of small parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The notion of "illustration for teaching" is usually understood as allowing a teacher to use a work to give examples and to explain or support his/her course. The use of the works or other subject-matter under the exception or limitation should therefore be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
2017/04/05
Committee: IMCO
Amendment 139 #

2016/0280(COD)

Proposal for a directive
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. TIn addition to the uneven application across Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
2017/03/16
Committee: CULT
Amendment 141 #

2016/0280(COD)

Proposal for a directive
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose, as well as organisations such as libraries and other cultural heritage institutions providing non-formal or informal education, to the extent they pursue their educational activity for a non-commercial purpose. In line with the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training 'ET2020', the contribution of informal and non-formal education, alongside formal education, should be recognised and developed in order to deliver the Union's objectives. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
2017/03/16
Committee: CULT
Amendment 154 #

2016/0280(COD)

Proposal for a directive
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including organisations such as libraries and other cultural heritage institutions providing non-formal or informal education, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
2017/03/16
Committee: CULT
Amendment 167 #

2016/0280(COD)

Proposal for a directive
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. Cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance, rights clearance, and loans. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
2017/03/16
Committee: CULT
Amendment 183 #

2016/0280(COD)

Proposal for a directive
Recital 21 a (new)
(21 a) Cultural heritage institutions, and educational establishments have long been involved in making reproductions for individual researchers in their collections, at their request and on an ad hoc basis. This serves to support and enrich an individual's scientific research, as a researcher who cannot travel to where a work or related subject matter is held is able to request that a reproduction be made for him/her in compliance with current Union rules on exceptions and limitations. Research, education and learning are increasingly taking place in a cross-border environment. There is, however, a lack of clarity as to whether the existing exceptions or limitations in Member States provide for a cross-border effect. This situation hampers scientific research and the development of the European Research Area. This legal uncertainty should be addressed, and researchers provided with a clear framework that allows them to request a cultural heritage institution, or educational establishment to make and supply them with a reproduction of a work or other subject matter for the purposes of their research, including in a cross border context.
2017/03/16
Committee: CULT
Amendment 200 #

2016/0280(COD)

Proposal for a directive
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural heritage institutions, users and collective management organisations when doing so.
2017/03/16
Committee: CULT
Amendment 204 #

2016/0280(COD)

Proposal for a directive
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concernedand as the rights of rental and lending right, and distribution right provided for in Directive 2006/115/EC. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
2017/04/05
Committee: IMCO
Amendment 267 #

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholdersy should conclude fair and balanced licensing agreements with rightholders in order to ensure fair and appropriate remuneration, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
2017/03/16
Committee: CULT
Amendment 369 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Member States may provide forshall ensure fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1.
2017/04/05
Committee: IMCO
Amendment 376 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
2017/03/29
Committee: CULT
Amendment 401 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability, accessibility and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
2017/03/29
Committee: CULT
Amendment 403 #

2016/0280(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 a (new)
No sooner than ... [three years after the date of entry into force of this Directive], and in consultation with all stakeholders, the Commission shall report on the availability of such licences, with a view to proposing improvements if needed.
2017/03/29
Committee: CULT
Amendment 447 #

2016/0280(COD)

Member States mayshall provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.
2017/04/05
Committee: IMCO
Amendment 20 #

2016/0276(COD)

Proposal for a regulation
Recital 1
(1) Since the Investment Plan for Europe was presented in November 20143 , the conditions for an uptake in investment have improved and confidence in Europe’s economy and growth are returning. The Union is now in its fourth year of moderate recovery, with Gross Domestic Product growing at 2% in 2015. The comprehensive efforts initiated with the Investment Plan are already delivering concrete results, despite the fact that macroeconomic effects of larger investment projects cannot be immediate. Investment is expected to pick up gradually throughout 2016 and 2017 although ithe pace is still timid and can be reversible, and remains below historicalpre-crisis levels. __________________ 3 COM(2014) 903 final. COM(2014) 903 final.
2017/02/07
Committee: EMPL
Amendment 32 #

2016/0276(COD)

Proposal for a regulation
Recital 6
(6) The EFSI was established, as an emergency plan, for an initial period of three years and with the aim of mobilising at least EUR 315 billion in investments. Given its success, the Commission is committed to the doubling of the EFSI, both in terms of duration and financial capacity. The legal extension covers the period of the current Multiannual Financial Framework and should provide a total of at least half a trillion euro investments by 2020. In order to enhance the firepower of the EFSI even further and reach the aim of doubling the investment target, Member States should also contribute as a matter of priority.
2017/02/07
Committee: EMPL
Amendment 35 #

2016/0276(COD)

Proposal for a regulation
Recital 7
(7) For the period after 2020, the Commission intends to put forward the necessary proposals to ensure that strategic investment will continue at a sustainable level. A comprehensive impact assessment should be made by the Commission to justify a future proposal.
2017/02/07
Committee: EMPL
Amendment 39 #

2016/0276(COD)

Proposal for a regulation
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growthsustainable growth and development and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related cross-cutting infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation, areas which have the highest GDP economic multipliers in order to strengthen economic, social and territorial cohesion. In particular, the contribution of operations supported by the EFSI to achievinge the Union's ambitious targets set at the Paris Climate Conference (COP21) and by Europe 2020 Strategy, especially those that tackle unemployment and inequalities, should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross-border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture, aquaculture and technologies related to security and defence industries, come within the general objectives eligible for EFSI support.
2017/02/07
Committee: EMPL
Amendment 43 #

2016/0276(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) In addition, it is appropriate to reinforce the social dimension of the EFSI implementation such as education, training and vocational training for skills and lifelong learning, innovation in healthcare and medicines, social services, social housing and childcare.
2017/02/07
Committee: EMPL
Amendment 52 #

2016/0276(COD)

Proposal for a regulation
Recital 11
(11) In order to reinforce the take-up of the EFSI, particularly in European areas with high levels of unemployment and in less-developed and transition aregionas, the scope of the general objectives eligible for EFSI support should be enlarged.
2017/02/07
Committee: EMPL
Amendment 56 #

2016/0276(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) The initial results reveal that Member States with greater technical and administrative capacity as well as financial institutions are taking greater advantage of the EFSI. In order to enhance the capacity of some countries in taking advantage of the EFSI, the EIB and the Commission should work further to support those lagging behind.
2017/02/07
Committee: EMPL
Amendment 65 #

2016/0276(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) Major information campaigns in Member States must be put in place to strengthen dialogue with national and local authorities which would allow to increase private investment and avoid regional and sectorial concentration.
2017/02/07
Committee: EMPL
Amendment 68 #

2016/0276(COD)

Proposal for a regulation
Recital 18
(18) With a view to enhancing the transparency of EFSI operations, the Investment Committee should explain in its decisions, which are made public and accessible, the reasons why it deems that an operation should be granted the EU guarantee, with particular focus on compliance with the additionality criterion. The scoreboard of indicators should be made public once an operation under the EU guarantee is signed. Particular attention should be given to job creation and social investment in people's current and future capacities to engage in the labour market, using clear socio- economic indicators.
2017/02/07
Committee: EMPL
Amendment 69 #

2016/0276(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) New figures and updates should be released regularly, including independent assessments drawing on the experience collected so far. Targets should be set in terms of objectives relating to growth and jobs.
2017/02/07
Committee: EMPL
Amendment 76 #

2016/0276(COD)

Proposal for a regulation
Recital 21
(21) The European Investment Advisory Hub (EIAH) should be enhanced and its activities should focus on needs not covered adequately under current arrangements. It should pay particular attention to supporting the preparation of projects involving two or more Member States and projects that contribute to achieving the objectives of COP21 and of Europe 2020 strategy. Notwithstanding its objective to build upon existing advisory services of the EIB and the Commission, so to act as a single technical advisory hub for project financing within the Union, the EIAH should also contribute actively to the objective of sectorial and geographical diversification of the EFSI and support the EIB where needed in originating projects. It should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of Union funding with the EFSI.
2017/02/07
Committee: EMPL
Amendment 78 #

2016/0276(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) A precise quali-quantitative analysis of the results should be published by 2018 at the latest with a special focus on the number of jobs created and the impacts of EFSI investments on direct and indirect jobs.
2017/02/07
Committee: EMPL
Amendment 82 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2015/1017
Article 4 – paragraph 2 – point f – point iv
(ba) in point (f), point (iv) is replaced by the following: (iv) key performance indicators, in particular as regards the use of the EU guarantee, the fulfilment of the objectives and criteria laid down in Articles 6 and 9 and Annex II, the mobilisation of private capital, and the macro- economic impact of the EFSI, including its effect on supporting investment and job creation;
2017/02/07
Committee: EMPL
Amendment 87 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – introductory part
1. The EFSI Agreement shall provide that the EFSI is to support projects which reach real economy and address market failures or sub-optimal investment situations and which:;
2017/02/07
Committee: EMPL
Amendment 90 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point -i (new)
Regulation (EU) 2015/1017
Article 7 – paragraph 8 – point a a (new)
(-i) In Article 7(8), the following point is added: “ (aa) technologies related to security and defence industries;”
2017/02/07
Committee: EMPL
Amendment 92 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point i a (new)
Regulation (EU) 2015/1017
Article 7 – paragraph 8 – point f
(f) education and traiia) point (f) is replaced by the following: (f) labour market, education and training, vocational training for skills and lifelong learning;
2017/02/07
Committee: EMPL
Amendment 96 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point - a (new)
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – point g – point i
(i) education and training-a) in paragraph 2, point (g) point (i) is replaced by the following: (i) labour market, education and training, vocational training for skills and lifelong learning ;
2017/02/07
Committee: EMPL
Amendment 98 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – point h a (new)
(ha) technologies related to security and defence industries;
2017/02/07
Committee: EMPL
Amendment 99 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – point h a (new)
(ha) technologies related to security and defence industries;
2017/02/07
Committee: EMPL
Amendment 104 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 2
The EIB shall target that at least 40 % of EFSI financing under the infrastructure and innovation window supports projects with components that contribute to climate action and job creation, in line with the COP21 commitments and the Europe 2020 strategy. The Steering Board shall provide detailed guidance to that end.;
2017/02/07
Committee: EMPL
Amendment 118 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a – point ii
Regulation (EU) 2015/1017
Article 14 – paragraph 1 –subparagraph 2 – second sentence
It shall also support the preparation of climate action and circular economy projects or components thereof, in particular in the context of COP21, the preparation of projects in the digital sectorespecially in less-developed and transition areas in order to make the best impact on employment, including, the preparation of projects in the digital sector, and technologies related to the security and defence industries, as well as the preparation of projects referred to in the fifth subparagraph of Article 5(1).;
2017/02/07
Committee: EMPL
Amendment 122 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point iii
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point f
(f) providing advice on the combination of other sources of Union funding (such as the European Structural and Investment Funds, the Youth Guarantee and Youth Employment Initiative, Horizon 2020 and the Connecting Europe Facility) with the EFSI in order to avoid administrative burden.;
2017/02/07
Committee: EMPL
Amendment 114 #

2016/0264(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) In this respect, it is essential to improve the timeliness of social indicators so that they are available in due time for the relevant policy frameworks, including the European Semester.
2017/03/23
Committee: EMPL
Amendment 129 #

2016/0264(COD)

Proposal for a regulation
Recital 6
(6) In 2011, the European Statistical System (ESS) endorsed in Wiesbaden its Memorandum on a New Conceptual Design for Household and Social Statistics. In its view, the European surveys that provide data relating to persons and households should be streamlined, and additional, less frequent microdata collections should be used to complement those core social surveys. Furthermore, there should be better access to administrative data, an increased user- friendliness of Eurostat website and the re-use of existing data sources and access to new data sources should be developed at national and EU level.
2017/03/23
Committee: EMPL
Amendment 132 #

2016/0264(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) In this respect, this Regulation should act as a catalyst in order to strengthen and reinforce cooperation between the Commission (Eurostat), the National Central Banks and the Statistical Advisory Committee. It should also foresee more integration with the National Statistical Institutes and ensure Member States' compliance with the European Statistics Code of Practice.
2017/03/23
Committee: EMPL
Amendment 137 #

2016/0264(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) For that purpose, large flexibility should be included in this regulation so as to establish a rich statistical basis that responds to current needs, and to enable adaptation to social, economic, technological and legal evolutions taking into account statistical comparability at international level.
2017/03/23
Committee: EMPL
Amendment 159 #

2016/0264(COD)

Proposal for a regulation
Recital 16
(16) Statistics are needed at national and at regional level as well and therefore, any decision of taking comparable territorial units such as NUTS2 must take costs into account. In accordance with Regulation (EC) No 1059/200327 , all Member States’ statistics that are transmitted to the Commission and that are to be broken down by territorial units should use the NUTS classification. Consequently, in order to establish comparable regional statistics, data on the territorial units should be provided in accordance with the NUTS classification. __________________ 27 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
2017/03/23
Committee: EMPL
Amendment 170 #

2016/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a common framework for European statistics relating to persons and households, based on reliable data at individual level collected from samples of those persons and households, which shall be compatible with the European Statistical Programme, its extension till 2020 and with any future similar programmes.
2017/03/23
Committee: EMPL
Amendment 171 #

2016/0264(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a. For the implementation of this regulation, Member States shall comply with the European Statistics Code of Practice.
2017/03/23
Committee: EMPL
Amendment 231 #

2016/0264(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. The Commission (Eurostat) shall publish and display the information transmitted under this regulation on the Eurostat's web site in a user-friendly way.
2017/03/23
Committee: EMPL
Amendment 238 #

2016/0264(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The Commission (Eurostat) shall assess the quality of the metadata on the specifications, of the data transmitted and of the sampling frames having also due consideration to display them in a user- friendly way at the Eurostat website.
2017/03/23
Committee: EMPL
Amendment 22 #

2016/0261(COD)

Proposal for a regulation
Recital 1
(1) New psychoactive substances can pose serious cross border threats to health, in particular due to their diversity and the speed with which they have been appearing, which makes necessary to enhance monitoring, early warning and combating of those threats.
2016/10/19
Committee: ENVI
Amendment 25 #

2016/0261(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The term "psychoactive substances" refers to a broad category of unregulated psychoactive compounds or products containing them that are marketed as legal alternatives to well- known controlled drugs, usually sold via the internet or in "smart shops" or "head shops".
2016/10/19
Committee: ENVI
Amendment 26 #

2016/0261(COD)

Proposal for a regulation
Recital 1 b (new)
(1b) It is possible that psychoactive substances are advertised with aggressive and sophisticated marketing strategies and are intentionally mislabelled, with declared ingredients differing from the actual composition. It is therefore necessary to take rapid action at Union level.
2016/10/19
Committee: ENVI
Amendment 27 #

2016/0261(COD)

Proposal for a regulation
Recital 2
(2) During the past years, Member States have notified an increasing number of new psychoactive substances via the mechanism for rapid exchange of information which was established by Joint Action 97/396/JHA adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the information exchange, risk assessment and the control of new synthetic drugs13 and was further strengthened by Council Decision 2005/387/JHA14. According to the European Medicine Centre for Drugs and Drug addiction ("the Centre"), Member States notified 101 new psychoactive substances, which had not been reported previously, via that mechanism during the year 2014. __________________ 13 Council Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange, risk assessment and control of new synthetic drugs (OJ L 167, 25.6.1997, p. 1). 14 Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk assessment and control of new psychoactive substances (OJ L 127, 20.5.2005, p. 32).
2016/10/19
Committee: ENVI
Amendment 29 #

2016/0261(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Europol, in its interim Serious and Organised Crime Threat Assessment for 20151a, warns against the fact that organised criminal groups are able to react quickly to changes in legislation and respond to the prohibition of certain substances by creating new formulas that are not covered by Union or national law. __________________ 1aInterim SOCTA 2015: An update on Serious and Organised Crime in the EU.
2016/10/19
Committee: ENVI
Amendment 30 #

2016/0261(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) This Regulation should take into account the fact that vulnerable groups, and especially young people, are particularly exposed to the public health, safety and social risks arising from new psychoactive substances.
2016/10/19
Committee: ENVI
Amendment 31 #

2016/0261(COD)

Proposal for a regulation
Recital 5
(5) Any Union action on new psychoactive substances should be based on scientific evidence. Given that in some cases new psychoactive substances could be so novel to the field that, at least initially, there would be very limited evidence from scientific research on public health risks, it is necessary to undertake rapid risk assessment procedures at Union level.
2016/10/19
Committee: ENVI
Amendment 34 #

2016/0261(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1920/2006
Article 5a – paragraph 1
Each Member State shall ensure that its Reitox National Focal Points and the Europol National Unit provide timely and without any undue delay to the Centre and Europol the available information on new psychoactive substances. The information shall be related to the detection and identification, use and patterns of use, potential and identified risks, manufacture, extraction, distribution, trafficking, cross- border global supply chains, commercial, as well as medical and scientific use of these substances.
2016/10/19
Committee: ENVI
Amendment 75 #

2016/0222(COD)

Proposal for a directive
Recital 34
(34) In order to promote the self- sufficiency of applicants and to limit wide discrepancies between Member States, it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective, by not imposing conditions that effectively hinder an applicant from seeking employment. Labour market tests used to give priority to nationals or to other Union citizens or to third-country nationals legally resident in the Member State concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for Union citizens as expressed in the relevant provisions of the applicable Acts of Accession , sector restrictions, working time restrictions and unduly strict administrative formalities should not hinder effective access for applicants to the labour market. In order to increase integration prospects and self- sufficiency of applicants, early access to the labour market before 6 months from the date when the application for international protection was lodged and to language courses should be encouraged.
2017/03/06
Committee: EMPL
Amendment 77 #

2016/0222(COD)

Proposal for a directive
Recital 35
(35) The maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits. In order to increase integration prospects and self-sufficiency of applicants, earlier access to the labour market is encouraged where the application is likely to be well- founded, including when its examination has been prioritised in accordance with Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well-founded. Member States should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied.deleted
2017/03/06
Committee: EMPL
Amendment 128 #

2016/0222(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that applicants have access to the labour market no later than 6 months from the date when the application for international protection was lodged if an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
2017/03/06
Committee: EMPL
Amendment 134 #

2016/0222(COD)

Proposal for a directive
Article 15 – paragraph 1 a (new)
1a. Member States are encouraged to provide language courses to applicants from the moment of application, in order to integrate them and enable them to capitalise fully on their formal qualification and thus contribute to society.
2017/03/06
Committee: EMPL
Amendment 144 #

2016/0222(COD)

Proposal for a directive
Article 15 – paragraph 3 – point c
(c) education and vocational training, except study and maintenance grants and loans or other grants and loans related to education and vocational training;
2017/03/06
Committee: EMPL
Amendment 149 #

2016/0222(COD)

Proposal for a directive
Article 15 – paragraph 3 –subparagraph 2 – introductory part
Member States may restrict equal treatment of applicants: in certain specific situations. However, restrictions should be consistent with the provisions of international law and other Union policy on better migration management as set out by the Commission in the European Agenda on Migration.
2017/03/06
Committee: EMPL
Amendment 3 #

2016/0205(NLE)

Draft opinion
Paragraph 1
The Committee on Environment, Public Health and Food Safety 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.
2017/01/03
Committee: ENVI
Amendment 96 #

2016/0152(COD)

Proposal for a regulation
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, place of residence or temporary location, or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
2017/02/16
Committee: IMCO
Amendment 106 #

2016/0152(COD)

Proposal for a regulation
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, place of residence or place of establishment, including geo-blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers' nationality, place of residence or temporary location, or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of customers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the customer's payment instrument has been issued.
2017/02/16
Committee: IMCO
Amendment 173 #

2016/0152(COD)

Proposal for a regulation
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or temporary location, or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
2017/02/16
Committee: IMCO
Amendment 207 #

2016/0152(COD)

Proposal for a regulation
Recital 22
(22) Traders falling under the special scheme provided in Chapter 1 of Title XII of Council Directive 2006/112/EC27 are not required to pay VAT in the Member State where they are established. For those traders, when providing electronically supplied services, the prohibition of applying different general conditions of access for reasons related to the nationality, place of residence or place of establishment of the customer would imply a requirement to register in order to account for VAT of other Member States and might entail additional costs, which would be a disproportionate burden, considering the size and characteristics of the traders concerned. Therefore, those traders should be exempted from that prohibition for such time as such a scheme is applicable. __________________ 27 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1–118) Or. en (text of the Council General approach)
2017/02/16
Committee: IMCO
Amendment 209 #

2016/0152(COD)

Proposal for a regulation
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories, for reasons related to the nationality, place of residence or temporary location, or place of establishment of the customer, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
2017/02/16
Committee: IMCO
Amendment 217 #

2016/0152(COD)

Proposal for a regulation
Recital 24
(24) Under Union law, traders are in principle free to decide which means of payment they wish to accept, including payment brands. However, once this choice has been made, in view of the existing legal framework for payment services, there are no reasons for traders to discriminate customers within the Union by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, place of residence or temporary location, or place of establishment of the customer. In this particular context, such unjustified unequal treatment for reasons related to the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted.
2017/02/16
Committee: IMCO
Amendment 244 #

2016/0152(COD)

Proposal for a regulation
Recital 33
(33) In order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality, place of residence or temporary location, or place of establishment of customers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules.
2017/02/16
Committee: IMCO
Amendment 248 #

2016/0152(COD)

Proposal for a regulation
Recital 34
(34) Since the objective of this Regulation, namely the prevention of direct and indirect discrimination based on nationality, place of residence or temporary location, or place of establishment of customers, including geo- blocking, in commercial transactions with traders within the Union, cannot be sufficiently achieved by Member States, due to the cross-border nature of the problem and the insufficient clarity of the existing legal framework, but can rather, by reason of its scale and potential effect on trade in the internal market be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
2017/02/16
Committee: IMCO
Amendment 254 #

2016/0152(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based, directly or indirectly, on the nationality, place of residence, temporary location or place of establishment of customers and to further supplement Article 20 of Directive 2006/123/EC.
2017/02/16
Committee: IMCO
Amendment 317 #

2016/0152(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. TA traders and an online marketplace shall not, through the use of technological measures or otherwise, block or limit customers' access to their online interface for reasons related to the nationality, place of residence or temporary location, or place of establishment of the customer.
2017/02/16
Committee: IMCO
Amendment 321 #

2016/0152(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Traders shall not, for reasons related to the nationality, place of residence or temporary location, or place of establishment of the customer, redirect customers to a version of their online interface that is different from the online interface to which the customer originallyfirst sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, place of residence or temporary location, or place of establishment, unless the customer has givesn his or her explicit consent prior to such redirection.
2017/02/16
Committee: IMCO
Amendment 425 #

2016/0152(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. By [date: twohree years after the entry into force of this Regulation] and every five years thereafter, the Commission shall report on the evaluation of this Regulation to the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessary, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developments.
2017/02/16
Committee: IMCO
Amendment 33 #

2016/0151(COD)

Proposal for a directive
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors’ physical, or mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
2016/12/02
Committee: ENVI
Amendment 34 #

2016/0151(COD)

Proposal for a directive
Recital 9 a (new)
(9a) The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life is linked to the provision of accessible audiovisual media services. Therefore, Member States should take appropriate and proportionate measures to ensure that media service providers under their jurisdiction actively seek to make content accessible to those with visual or hearing impairment as soon as possible.
2016/12/02
Committee: ENVI
Amendment 61 #

2016/0151(COD)

Proposal for a directive
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’s audienceprogrammes. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’s audiencechildren’s programmes and family programmes, such as musical shows or sport events. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
2016/12/02
Committee: ENVI
Amendment 76 #

2016/0151(COD)

Proposal for a directive
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms and social media, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech storedavailable on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or, hatred or terrorism, to set out proportionate rules on those matters.
2016/12/02
Committee: ENVI
Amendment 94 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive 2010/13/UE
Article 1– paragraph 1– point b
b) ‘programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films, videos of short duration, sports events, situation comedies, documentaries, children’s programmes, entertainment and reality programmes, and original drama;";
2016/12/02
Committee: ENVI
Amendment 100 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or, hatred or terrorism, directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
2016/12/02
Committee: ENVI
Amendment 195 #

2016/0151(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
By [date – no later than four years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive The report shall assess the effectiveness of the self- and co-regulation practices in all Member States, in particular in the light of advertising practices, when targeting children and families. If the report concludes that self-regulatory codes of conduct regarding audiovisual commercial communications, e.g. for unhealthy food and sweetened beverages, have not deliver expected results in minimising exposure of children and minors, the Commission shall come up with a proposal of regulation on this specific matter.
2016/12/02
Committee: ENVI
Amendment 52 #

2016/0149(COD)

Proposal for a regulation
Recital 1
(1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises (SMEs) and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e- commerce. (Further references should be abbreviated to SMEs)
2017/03/30
Committee: IMCO
Amendment 58 #

2016/0149(COD)

Proposal for a regulation
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
2017/03/30
Committee: IMCO
Amendment 67 #

2016/0149(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Universal service providers refers to postal operators that provide a universal postal service or parts thereof within a specific Member State. Universal service providers who operate in more than one Member State should be classified as a universal service provider only in the Member State(s) in which they provide a universal postal service.
2017/03/30
Committee: IMCO
Amendment 69 #

2016/0149(COD)

Proposal for a regulation
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . Thisat Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-border parcel delivery services, the assessment of the affordability of tariffs for certain cross- border parcel delivery services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
2017/03/30
Committee: IMCO
Amendment 76 #

2016/0149(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) This Regulation should apply to parcel delivery services offered to third parties and not to undertakings that only have in-house delivery networks in order to fulfil orders of goods that they have sold themselves. If these undertakings use in-house delivery networks also for delivery goods sold by third parties as well as goods from an in-house retail service, then they should be the subject to this Regulation.
2017/03/30
Committee: IMCO
Amendment 80 #

2016/0149(COD)

Proposal for a regulation
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However,Due to the labour intensive nature of the sector and in order to limit the administrative burden for small parcel delivery service providers or sub- contractors who are only active on a natregional or regionaldomestic market, a threshold of 50 persons should be applied, based on the average number of persons working for the service provider over the previous calendar year and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
2017/03/30
Committee: IMCO
Amendment 86 #

2016/0149(COD)

Proposal for a regulation
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority. Parcel delivery services are important for small and medium-sized enterprises and individuals and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by universal service providers and all other cross-border parcel delivery services should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the confidential regular provision of the underlying terminal rates, constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
2017/03/30
Committee: IMCO
Amendment 91 #

2016/0149(COD)

Proposal for a regulation
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers. National regulatory authorities should make efforts, where possible, to ensure this assessment is comparable to those required under Directive 97/67/EC.
2017/03/30
Committee: IMCO
Amendment 108 #

2016/0149(COD)

Proposal for a regulation
Recital 20 a (new)
(20 a) In order to limit the administrative burden, the transfer of data by parcel delivery service providers, national regulatory authorities and the Commission should be electronic, for example by allowing the use of e- signatures provided for in Regulation (EU) 910/20147 (eIDAS Regulation)1a. _________________ 1aRegulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.08.2014, p. 73).
2017/03/30
Committee: IMCO
Amendment 110 #

2016/0149(COD)

Proposal for a regulation
Recital 21
(21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation, taking into account developments in e- commerce, and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by proposals for review to the European Parliament and the Council.
2017/03/30
Committee: IMCO
Amendment 140 #

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) "parcel delivery services" means services involving the clearance, sorting, transport orand distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery service; Or. en (see amendment proposal on "subcontractor")
2017/03/30
Committee: IMCO
Amendment 158 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
2017/03/30
Committee: IMCO
Amendment 159 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) the name of the parcel delivery service provider, its legal status and form, registration number in a trade or similar register, VAT identification number, the address of the establishment and a contact person;
2017/03/30
Committee: IMCO
Amendment 168 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. In case of any change concerning information referred to in the first subparagraph 1, parcel delivery service providers shall inform the national regulatory authority of this change within 30 days. .
2017/03/30
Committee: IMCO
Amendment 171 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
2017/03/30
Committee: IMCO
Amendment 175 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the provider is established, broken down in parcel delivery services relating to national,to domestic and incoming and outgoing cross- border postal itemservices;
2017/03/30
Committee: IMCO
Amendment 181 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b
(b) the average number of persons working for the provider andarcel delivery service provider over the previous calendar year involved in the provision of parcel delivery services in the Member State in which theat provider is established in the previous calendar year. The average number of persons shall include full-time, part-time, temporary employees and self- employed;
2017/03/30
Committee: IMCO
Amendment 185 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handledarcels handled over the previous calendar year in the Member State in which the provider is established in the previous calendar year, broken down into national,domestic and incoming and outgoing cross-border postal items.arcels;
2017/03/30
Committee: IMCO
Amendment 189 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
(c a) where available, any publicly accessible price list applicable on 1 January of each calendar year for parcel delivery services.
2017/03/30
Committee: IMCO
Amendment 193 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. T[By eight months after adoption], the Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraphs 1 of this Articleand 3. Thoseis implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9.
2017/03/30
Committee: IMCO
Amendment 197 #

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 whereprovided that they are necessary to ensure conformity with this Regulationand proportionate.
2017/03/30
Committee: IMCO
Amendment 219 #

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services shall provide the national regulatory authority of the Member State in which they are established with the terminal rates applicable on 1 January of each calendar year to postal itemsthe delivery of postal items falling within the categories listed in the Annex originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
2017/03/30
Committee: IMCO
Amendment 87 #

2016/0084(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and, (EC) No 1107/2009, and Council Directive 91/676/EEC (Text with EEA relevance)
2017/04/06
Committee: IMCO
Amendment 288 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes I to IV for the purposes of adapting them to technical progress, taking into account products and materials already authorised in Member States, and facilitating internal market access and free movement for CE marked fertilising products and component materials
2017/04/06
Committee: IMCO
Amendment 289 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 1 – point a
(a) which are likelyhave the potential to be subject of significanto trade on the internal market, and
2017/04/06
Committee: IMCO
Amendment 300 #

2016/0084(COD)

Proposal for a regulation
Article 42 – paragraph 2 – point a
(a) name of the micro-organism at strain level;
2017/04/06
Committee: IMCO
Amendment 329 #

2016/0084(COD)

Proposal for a regulation
Article 46 a (new)
Article 46 a Amendments to Directive 91/676/EEC Directive 91/676/EEC is amended as follows: "(1) Article 2(g) is replaced by the following: "(g) 'livestock manure': means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form, unless these products are CE marked in accordance with Regulation (EC) XXX1a and have a declared Nitrate Fertiliser Replacement Value of at least 80 % for the application made;" _________________ 1a Proposal for a Regulation of the European Parliament and the Council on laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009
2017/04/06
Committee: IMCO
Amendment 13 #

2016/0070(COD)

Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
2017/03/27
Committee: IMCO
Amendment 16 #

2016/0070(COD)

Proposal for a directive
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
2017/03/27
Committee: IMCO
Amendment 20 #

2016/0070(COD)

Proposal for a directive
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion, __________________ 5 OJ C,, p..
2017/03/27
Committee: IMCO
Amendment 33 #

2016/0070(COD)

Proposal for a directive
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
2017/03/08
Committee: EMPL
Amendment 34 #

2016/0070(COD)

Proposal for a directive
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
2017/03/08
Committee: EMPL
Amendment 36 #

2016/0070(COD)

Proposal for a directive
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
2017/03/08
Committee: EMPL
Amendment 41 #

2016/0070(COD)

Proposal for a directive
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion; _________________ 5 OJ C,, p..
2017/03/08
Committee: EMPL
Amendment 43 #

2016/0070(COD)

Proposal for a directive
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
2017/03/27
Committee: IMCO
Amendment 53 #

2016/0070(COD)

Proposal for a directive
Recital 7 a (new)
(Case C- 113/89, Rush Portuguesa Ldª v Office national d'immigration, [1990] ECRI-1417, judgment, para 15; Raymond Vander Elst v Office des Migrations Internationales, [1994](7 a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work. Or. en ECR I-3803, para. 21)
2017/03/27
Committee: IMCO
Amendment 54 #

2016/0070(COD)

Proposal for a directive
Recital 7 b (new)
(Case C-55/94, Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di (7 b) The ECJ has held that the temporary nature of the provision of services is to be determined in the light of its duration, regularity, periodicity and continuity. The provider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question. Or. en Milano, [1995] ECR I-04165, para. 39; Case C-396/1, Sähköalojen ammattiliitto ry c/ Elektrobudowa Spółka Akcyjna [2015] Case C-396/1)
2017/03/27
Committee: IMCO
Amendment 56 #

2016/0070(COD)

Proposal for a directive
Recital 7 c (new)
(7 c) The aim of Article 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
2017/03/27
Committee: IMCO
Amendment 60 #

2016/0070(COD)

Proposal for a directive
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 and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.deleted
2017/03/27
Committee: IMCO
Amendment 74 #

2016/0070(COD)

Proposal for a directive
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
2017/03/27
Committee: IMCO
Amendment 80 #

2016/0070(COD)

Proposal for a directive
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikeshas struck the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers without affecting free business competition.
2017/03/08
Committee: EMPL
Amendment 83 #

2016/0070(COD)

Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 88 #

2016/0070(COD)

Proposal for a directive
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
2017/03/08
Committee: EMPL
Amendment 92 #

2016/0070(COD)

Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/27
Committee: IMCO
Amendment 93 #

2016/0070(COD)

Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/27
Committee: IMCO
Amendment 94 #

2016/0070(COD)

Proposal for a directive
Recital 11 a (new)
(11 a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty on the Functioning of the European Union (TFEU).
2017/03/27
Committee: IMCO
Amendment 100 #

2016/0070(COD)

Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (Gebhard n Consiglio Dell'ordine Degli Avvocati E Procuratori Di Milano para 39)
2017/03/27
Committee: IMCO
Amendment 102 #

2016/0070(COD)

Proposal for a directive
Recital 7 a (new)
(Case C- 113/89, Rush Portuguesa Ldª v Office national d'immigration, [1990] ECRI-1417, judgment, para 15; Raymond Vander Elst v Office des Migrations Internationales, [1994](7a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work. Or. en ECR I-3803, para. 21)
2017/03/08
Committee: EMPL
Amendment 104 #

2016/0070(COD)

Proposal for a directive
Recital 7 b (new)
(Case C-55/94, Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati (7b) The ECJ has held that the temporary nature of the provision of services is to be determined in the light of its duration, regularity, periodicity and continuity. The Pprocuratori di Milano, [1995] ECR I-04165, para. 39; Case C-396/1, Sähköalojen ammattiliitto ry c/vider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question. Or. en Elektrobudowa Spółka Akcyjna [2015] Case C-396/1)
2017/03/08
Committee: EMPL
Amendment 105 #

2016/0070(COD)

Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
2017/03/27
Committee: IMCO
Amendment 106 #

2016/0070(COD)

(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
2017/03/08
Committee: EMPL
Amendment 107 #

2016/0070(COD)

Proposal for a directive
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 and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.deleted
2017/03/08
Committee: EMPL
Amendment 107 #

2016/0070(COD)

Proposal for a directive
Recital 12 a (new)
(Arblade, Join(12a) It is established by the ECJ case- law that social protection of workers can be acknowledged cases 369/96 and 376/96 (para 51) Seco, Joined cases 62 and 63/81, Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité and Raymond Vander Elst overriding requirement justifying imposition of obligations capable of constituting restrictions on freedom to provide services, however, it is not the case where the workers employed by the employer are temporarily engaged in carrying out works in the host Member State and enjoy the same or essentially similar protection, by virtue of the obligations to which the employer is already subject in the Member State in which he is established. This is in particular important in preventing additional obligations for which the undertakings are already liable for the same periods of employment in the Member State where they are established. The ECJ has also excluded the legality of national provisions which make it more onerous to provide service for undertakings from other Member States than those established within the national territory, therefore hindering the free movement of services. Or. en v Office des Migrations Internationales Case C-43/93.)
2017/03/27
Committee: IMCO
Amendment 108 #

2016/0070(COD)

Proposal for a directive
Recital 12 b (new)
(C-319/06, Commission of the European Communities v Grand Duchy of Luxemburg, para(12b) The ECJ has further clarified that provisions concerning collective agreements cannot per se constitute a public policy exception within the meaning of Article 3(10) of Directive 96/71. Or. en 64)
2017/03/27
Committee: IMCO
Amendment 111 #

2016/0070(COD)

Proposal for a directive
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
2017/03/27
Committee: IMCO
Amendment 119 #

2016/0070(COD)

Proposal for a directive
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
2017/03/27
Committee: IMCO
Amendment 122 #

2016/0070(COD)

Proposal for a directive
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 remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
2017/03/27
Committee: IMCO
Amendment 137 #

2016/0070(COD)

Proposal for a directive
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
2017/03/08
Committee: EMPL
Amendment 140 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
2017/03/27
Committee: IMCO
Amendment 152 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Posting exceeding twenty-four months covered by Article 1, paragraph 3, a)
2017/03/27
Committee: IMCO
Amendment 154 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.deleted
2017/03/27
Committee: IMCO
Amendment 157 #

2016/0070(COD)

Proposal for a directive
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.
2017/03/08
Committee: EMPL
Amendment 161 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
(Article 8 (4) of Enforcement Directive: Where it appears from the circumstances as a whole 1a. To evaluate whether the employment contract falls under Art 8 (4) of Rome I Regulation, the national competent authorities will rely on Article 4 of the Enforcement Directive 2014/67/EU. Or. en that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3, the law of that other country shall apply.)
2017/03/27
Committee: IMCO
Amendment 163 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.deleted
2017/03/27
Committee: IMCO
Amendment 175 #

2016/0070(COD)

Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of labour costs butand also onther factors such as productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/08
Committee: EMPL
Amendment 180 #

2016/0070(COD)

Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/08
Committee: EMPL
Amendment 181 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/27
Committee: IMCO
Amendment 182 #

2016/0070(COD)

Proposal for a directive
Recital 11 a (new)
(11a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU.
2017/03/08
Committee: EMPL
Amendment 189 #

2016/0070(COD)

Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (GEBHARD ν CONSIGLIO DELL'ORDINE DEGLI AVVOCATI E PROCURATORI DI MILANO para 39)
2017/03/08
Committee: EMPL
Amendment 193 #

2016/0070(COD)

Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. It is up to each member state to determine which elements of payment that applies to posted workers. However, national rules on remuneration applied to posted workers, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services.
2017/03/08
Committee: EMPL
Amendment 196 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/27
Committee: IMCO
Amendment 198 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elementminimum rules ofn remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/27
Committee: IMCO
Amendment 199 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
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)minimum rates of pay as established 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. For the purpose of calculating the sums due to a posted worker, double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
2017/03/27
Committee: IMCO
Amendment 200 #

2016/0070(COD)

Proposal for a directive
Recital 12 a (new)
(Arblade, Join(12a) It is established by the ECJ case- law that social protection of workers can be acknowledged cases 369/96 and 376/96 (para 51)Seco, Joined cases 62 and 63/81, Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité and Raymond Vander Elst v overriding requirement justifying imposition of obligations capable of constituting restrictions on freedom to provide services, however, it is not the case where the workers employed by the employer are temporarily engaged in carrying out works in the host Member State and enjoy the same or essentially similar protection, by virtue of the obligations to which the employer is already subject in the Member State in which he is established. This is in particular important in preventing additional obligations for which the undertakings are already liable for the same periods of employment in the Member State where they are established. The ECJ has also excluded the legality of national provisions which make it more onerous to provide service for undertakings from other Member States than those established within the national territory, therefore hindering the free movement of services. Or. en Office des Migrations Internationales Case C-43/93.)
2017/03/08
Committee: EMPL
Amendment 203 #

2016/0070(COD)

Proposal for a directive
Recital 12 b (new)
(C-319/06, Commission of the European Communities v Grand Duchy of Luxemburg, para(12b) The ECJ has further clarified that provisions concerning collective agreements cannot per se constitute a public policy exception within the meaning of Article 3(10) of Directive 96/71. Or. en 64)
2017/03/08
Committee: EMPL
Amendment 206 #

2016/0070(COD)

Proposal for a directive
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
2017/03/08
Committee: EMPL
Amendment 206 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: “1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.”deleted
2017/03/27
Committee: IMCO
Amendment 223 #

2016/0070(COD)

Proposal for a directive
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
2017/03/08
Committee: EMPL
Amendment 231 #

2016/0070(COD)

Proposal for a directive
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 remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
2017/03/08
Committee: EMPL
Amendment 250 #

2016/0070(COD)

Proposal for a directive
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member Stateregulates employment conditions applicable to temporary agency workers.
2017/03/08
Committee: EMPL
Amendment 262 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
2017/03/08
Committee: EMPL
Amendment 286 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Posting exceeding twenty-four monthsDuration of posting
2017/03/08
Committee: EMPL
Amendment 287 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.deleted
2017/03/08
Committee: EMPL
Amendment 309 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
(Article1a. To evaluate whether the employment contract falls under Art 8 (4) of Enforcement Directive: Where it appears from the circumstances as a whole Rome I Regulation, the national competent authorities will rely on Article 4 of the Enforcement Directive 2014/67/EU. Or. en that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3, the law of that other country shall apply.)
2017/03/08
Committee: EMPL
Amendment 321 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.deleted
2017/03/08
Committee: EMPL
Amendment 376 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/08
Committee: EMPL
Amendment 409 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/08
Committee: EMPL
Amendment 410 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elementminimum rules ofn remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/08
Committee: EMPL
Amendment 423 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
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)minimum rates of pay as established 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.
2017/03/08
Committee: EMPL
Amendment 424 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
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)minimum rates of pay as established 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.
2017/03/08
Committee: EMPL
Amendment 440 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71
Article 3 – paragraph 1 – subparagraph 3 a
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided.
2017/03/08
Committee: EMPL
Amendment 443 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
2017/03/08
Committee: EMPL
Amendment 450 #

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the
2017/03/08
Committee: EMPL
Amendment 94 #

2016/0023(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 207 thereof,
2016/07/18
Committee: ENVI
Amendment 100 #

2016/0023(COD)

Proposal for a regulation
Recital 2
(2) Most mercury emissions and associated exposure risks result from anthropogenic activities, including primary mercury mining and processing, the use of mercury in products, industrial processes and artisanal and small-scale gold mining ("ASGM") and mercury emissions originating in particular from coal combustion and the management of mercury waste. Fossil fuel combustion in power plants and industrial boilers together with residential heating constitute almost half of global mercury emissions. Therefore, the transition to renewable energy production along with energy efficiency measures should be hastened in order to significantly reduce the release of mercury into the atmosphere.
2016/07/18
Committee: ENVI
Amendment 120 #

2016/0023(COD)

Proposal for a regulation
Recital 11
(11) The export, import and manufacturing of a range of mercury-added products accounting for a significant share of the use of mercury and mercury compounds within the Union and globally should be prohibited, provided that such prohibitions do not lead to an increase in the total release of mercury globally.
2016/07/18
Committee: ENVI
Amendment 126 #

2016/0023(COD)

Proposal for a regulation
Recital 12
(12) This Regulation should therefore have a twofold legal basis,have Articles 192(1) and 207 of the TFEUTFEU as its legal basis, as it seeks to protect both the environment and human health and to ensure uniformity in respect of its trade aspects through t. The export and import prohibition and restrictions affecting mercury, mercury compounds and mercury-added products should therefore be subject to environment and human health considerations.
2016/07/18
Committee: ENVI
Amendment 135 #

2016/0023(COD)

Proposal for a regulation
Recital 14
(14) In the absence of relevant available mercury-free production processes, operating conditions for the production of sodium or potassium methylate or ethylate involving the use of mercury should be set. A gradual phase-out and replacement with feasible mercury-free production processes should take place as soon as possible.
2016/07/18
Committee: ENVI
Amendment 146 #

2016/0023(COD)

Proposal for a regulation
Recital 17
(17) The use of dental amalgam in an encapsulated form and the implementation of amalgam separators should be made mandatory to protect dental practitioners and patients from mercury exposure and to ensure that resulting mercury waste are not released into the environment, but are collected and subjected to sound waste management. Given the size of the undertakings from the dentristry sector concerned by this change, it is appropriate to provide sufficient time to adapt to the new provision and to encourage the dentistry sector to gradually and permanently reduce the use of dental amalgam.
2016/07/18
Committee: ENVI
Amendment 170 #

2016/0023(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The export of mixtures of mercury not listed in Annex I for the purposes of recovering the mercury shall be prohibited outside the European Union, the European Economic Area and Switzerland.
2016/07/18
Committee: ENVI
Amendment 209 #

2016/0023(COD)

Proposal for a regulation
Article 9 – paragraph 1 – indent 1
- take steps to reduce, and where feasible eliminate,phase out the use of mercury and mercury compounds in, and the emissions and releases to the environment of mercury from, such mining and processing;
2016/07/18
Committee: ENVI
Amendment 216 #

2016/0023(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. From one year after the entry into force of this Regulation, dental amalgam shall not be used for the treatment of pregnant or breastfeeding women or children who undergo treatment on their deciduous teeth.
2016/07/18
Committee: ENVI
Amendment 2 #

2016/0000(INI)

Draft opinion
Paragraph 1
1. Maintains that reducing the EU's greenhouse gas emissions, thereby realisingin line with the 2015 Paris Agreement, also depends, to a large extent, on achieving EUthe EU's climate and energy policy goals in the field of renewable energy; highlights, in this regard, that the current 2020 energy strategy and energy goals will be insufficient to reach the 2050 decarbonisation target; calls, therefore, on the Commission and Member States to use the momentum of the Paris Agreement to step up the long-term efforts in achieving the internationally agreed targets to keep global warming well below 2 degrees Celsius; stresses, in this regard, the urgency of a clear and stable long- term policy framework for the roll-out of renewable energy;
2016/02/25
Committee: ENVI
Amendment 14 #

2016/0000(INI)

Draft opinion
Paragraph 2
2. Welcomes the progress towards the EU target whereby renewables are to account for 20% of gross final energy consumption by 2020, especially in the heating and cooling and electricity generation sectors; while being concerned at the same time for the lack of progress in certain sectors, particularly in the transport sector;
2016/02/25
Committee: ENVI
Amendment 20 #

2016/0000(INI)

Draft opinion
Paragraph 3
3. Welcomes Member States’ progress in meeting specific national renewable energy targets and urges those Member States which are moving ahead more slowly to adopt additional incentive measuresprogressing slowly to step up their efforts in order to meet their targets in due time;
2016/02/25
Committee: ENVI
Amendment 27 #

2016/0000(INI)

Draft opinion
Paragraph 3 d (new)
3d. Highlights that the lack of cross- border energy transmission infrastructure undermines the possibility to balance renewable energy generation in a cost- efficient manner; stresses that this hinders further renewable energy integration in some energy-isolated Member States and protracts fossil fuel dependence; Calls for the removal of bureaucratic barriers and for investments that enable the achievement of the 10% electricity interconnection target by 2020;
2016/02/25
Committee: ENVI
Amendment 39 #

2016/0000(INI)

Draft opinion
Paragraph 4
4. Calls on the Member States to give priority to renewable energy sources and technologies with the least damaging effects on the environment and biodiversity, capitalising on the advantage of a specific geographical and climate situation to secure a beneficial outcome; recalls that bioenergy will play an important part in decarbonizing EU; therefore calls on the Commission to recognize that the contribution from bioenergy should not be allowed to be jeopardized;
2016/02/25
Committee: ENVI
Amendment 60 #

2016/0000(INI)

Draft opinion
Paragraph 5
5. Expresses concern at the fact that progress has slowed in meeting the EU's 10% target for renewable energy use in the transport sector and draws attention to the importance of reaching that goal from the point of view of lowering greenhouse gas emission levels and reducing EU dependency on imported energy; calls on the Commission to promote a legislative framework offering prospects for advanced biofuels in the period after 2020 and, by providing an appropriate at least up to 2050 with a view of phasing out subsidies that currently distort the market and providing clarity and incentives to their use, to help open up 'green' jobs while averting adverse effects of indirect land- use change;
2016/02/25
Committee: ENVI
Amendment 62 #

2016/0000(INI)

Draft opinion
Paragraph 5
5. Expresses concern at the fact that progress has slowed in meeting the EU’s 10% target for renewable energy use in the transport sector, and recalls that transport is the only sector in the EU where GHGs emissions have risen since 1990; calls on the Member States to intensify their efforts in order to meet this target in due time; draws attention to the importance of reaching that goal from the point of view of lowering greenhouse gas emission levels and reducing EU dependency on imported energy; calls on the Commission to consider laying down an ambitious target for renewable energy use in the transport sector and to promote a legislative framework offering prospects for advanced biofuels in the period after 2020 and, by providing an appropriate incentive to their use, to help open up ‘green’ jobs while averting adverse effects of indirect land- use change;
2016/02/25
Committee: ENVI
Amendment 64 #

2016/0000(INI)

Draft opinion
Paragraph 5
5. Expresses concern at the fact that progress has slowed in meeting the EU’s 10% target for renewable energy use in the transport sector and draws attention to the importance of reaching that goal from the point of view of lowering greenhouse gas emission levels and reducing EU dependency on imported energy; calls on the Commission to promote a legislative framework offering prospects for biofuels with high GHG-efficiency, in particular advanced biofuels, in the period after 2020 and, by providing an appropriate incentive to their use, to help open up ‘green’ jobs while averting adverse effects of indirect land- use change;
2016/02/25
Committee: ENVI
Amendment 73 #

2016/0000(INI)

Draft opinion
Paragraph 5 i (new)
5i. Calls on the Member States to insure that their regulatory frameworks for renewables, and especially their support schemes, do not lead to unnecessary distortions with regards to energy production, market energy prices, the functioning of the energy market and competitiveness in the EU, calls on the Commission to conduct and present a study on how current subsidies affect the investment landscape and the transition to sustainable energy in the EU;
2016/02/25
Committee: ENVI
Amendment 4 #

2015/2353(INI)

Draft opinion
Paragraph 1
1. Calls for a revision of the Multiannual Financial Framework (MFF) to be adapted to achieve the goals set in Paris, in the context of the Horizon 2020 strategyin order to ensure that the European Union is on track to achieve the goals set at COP21 in Paris; considers that, given that adaptation of the European economies to the Paris Agreement on Climate Change will be one of the main challenges the European Union will have to face in the coming years, and that the objectives of the Paris Agreement could imply new rules or programmes under the Structural Funds, the Cohesion Fund, the European Agricultural Fund for Rural Development, the European Maritime and Fisheries Fund, the Asylum and Migration Fund and the Internal Security Fund, a revision of the MFF is justified;
2016/04/05
Committee: ENVI
Amendment 19 #

2015/2353(INI)

Draft opinion
Paragraph 2
2. Given that the added value of the ecosystems and biodiversity of the European environment must be ensured, considers that the MFF should recognise this value by allocating sufficient resources in the upcoming budgets to preserve this biodiversity, mainly in rural areas;
2016/04/05
Committee: ENVI
Amendment 26 #

2015/2353(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Calls on the Commission to assess whether the objectives of the Horizon 2020 programme are being met after the redeployment of funds to the European Fund for Strategic Investment and to at least restore the budgetary envelope of the programme;
2016/04/05
Committee: ENVI
Amendment 28 #

2015/2353(INI)

Draft opinion
Paragraph 5
5. Considers that the revision of the MFF should make provision for the fact that food safety will be a challenge in the coming years given the increased pressure on resources – this provision could be used to tackle malnutrition trends in Member States.; further notices that under the Paris Agreement, EU funding needs to be allocated for supporting climate action in developing countries; as this commitment runs until 2025, asks the Commission to address it in the MFF review/revision;
2016/04/05
Committee: ENVI
Amendment 119 #

2015/2353(INI)

Draft opinion
Paragraph 17
17. Strongly opposes any renationalisation of agricultural policies; stressnotes that the common nature of the EU’s agricultural policy avoids distortion of competition within the internal market and generates savings for European taxpayersunequal implementation of the CAP along Member States leads to distortion of competition within the internal market; calls on the Commission and Member States to ensure equal implementation throughout the Union in order to realise the objectives of the common agricultural policy; affirms that a well-functioning and well-financed second pillar is essential for the success of the CAP and for the economic well-being of the Union’s rural areas;
2016/05/04
Committee: AGRI
Amendment 126 #

2015/2353(INI)

Draft opinion
Paragraph 18
18. Points out that the ever-increasing challenges faced by the CAP call for increasedadequate financial resources; calls, therefore, for an increase in thappropriate funding under Heading 2 in order to meet these challenges should they arisand in particular for funds to ensure an adequate implementation of the Natura 2000 directive by providing financial compensation to landowners for the restrictions they face; calls also for adequate compensation measures to deal with unforeseen events and market failures resulting from political decisions;
2016/05/04
Committee: AGRI
Amendment 7 #

2015/2348(INI)

Draft opinion
Paragraph 2
2. Stresses that the transport sector in the EU accounts for about one-quarter of greenhouse gas emissions and that an 80% increase in freight transport activity is expected by 2050; believes that substituting fossil fuels in transport's energy supply will enhance the environmental performance of the sector; further underlines that European transport policy can deliver an important contribution to achieving the COP 21 Paris Agreement objectives and the Union's long-term climate goals;
2016/10/11
Committee: ENVI
Amendment 10 #

2015/2348(INI)

Draft opinion
Paragraph 2
2. Stresses that the transport sector in the EU accounts for about one-quarter of greenhouse gas emissions, that 95% of the energy used in EU transport sector is oil derived and that an 80% increase in freight transport activity is expected by 2050;
2016/10/11
Committee: ENVI
Amendment 14 #

2015/2348(INI)

Draft opinion
Paragraph 3
3. Notes that the challenge for the EU with regard to logistics will be to reduce the environmental impact of freight transport, especially road haulage, which accounts for two-thirds of all greenhouse gas emissions, by reducing air and noise pollution and increasing efficiency in line with the COP 21 agreement; underlines that transport infrastructure shapes mobility behaviours; further notes that enhanced multimodality and efficient freight logistics will facilitate the modal shift and effectively contribute to the decarbonisation of transport;
2016/10/11
Committee: ENVI
Amendment 19 #

2015/2348(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses the positive contribution of establishing LNG as an alternative to diesel to emission reduction in road freight transport; therefore calls for an assessment of necessary fuelling infrastructure along the TEN-T corridors; however stresses the need to avoid technological lock-in, as LNG should be considered as a transitional fuel until alternative drives such as battery electric and fuel cell drives are competitive in cost and range;
2016/10/11
Committee: ENVI
Amendment 26 #

2015/2348(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to make rail freight services more competitive by means of fully interoperable and interconnected rail networks and to do the same for inland waterway, sea-river and maritime transport, enabling each to operate on equal terms, and urges it to promote multimodal transport; calls the Commission and member states to at the same time speed up and strengthen measures to reduce rail freight noise due to the adverse health effects, considering that by now nearly seven million people in the EU are exposed to rail noise levels above excess exposure threshold;
2016/10/11
Committee: ENVI
Amendment 35 #

2015/2348(INI)

Draft opinion
Paragraph 5
5. Stresses the importance of investment in last-mile logistics and more ecological logistics hubs, especially in urban areas and ports, and of efforts to simplify administrative procedures; stresses that the use of electric light-duty commercial vehicles in last mile logistics reduces CO2-emissions in general as well as local pollutant and noise emissions in particular and therefore makes a positive contribution to urban air quality; therefore stresses the need for charging infrastructure at logistics hubs;
2016/10/11
Committee: ENVI
Amendment 36 #

2015/2348(INI)

Draft opinion
Paragraph 5
5. Stresses the importance of investment in last-mile logistics and more ecological logistics hubs, especially in urban areas and ports, and of efforts to simplify administrative procedures; points out the potential of inland navigation and the maritime dimension of the TEN-T to reduce the environmental impact of the transport sector;
2016/10/11
Committee: ENVI
Amendment 45 #

2015/2348(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the potential of automated driving and "platooning" (grouping divers vehicles) in road freight transport, as it allows better use of slipstream and thereby reduces emissions and increases the capacity of roads; calls for further support for research and development in that area, notably for necessary digital infrastructure and calls for a coherent legislative framework on EU level;
2016/10/11
Committee: ENVI
Amendment 50 #

2015/2348(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to facilitate access to data concerning traffic flow along the corridors andtraffic-related data for public and private actors such as digital map and navigation service providers along the corridors, considering that these services are key to enable intermodal transport, more efficient routing and automated driving, calls on the Commission to identify further obstacles to the use of multimodal transport and to propose corresponding measures, involveing operators in this sector in the process; stresses the need for a coherent legislative approach on EU level;
2016/10/11
Committee: ENVI
Amendment 53 #

2015/2348(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points out that transport regulation is currently tied to the mode of transport and falls under the remit of different international bodies (such as IMO or ICAO); further notes that the overall review and development of the multimodal transport system is challenging because of the many actors involved;
2016/10/11
Committee: ENVI
Amendment 7 #

2015/2345(INI)

Draft opinion
Paragraph 1
1. Takes the view that the Commission should foster the independence of NGOs and public involvement in their funding, with a view to dynamising the relationship between citizens and NGOs; points out that NGOs’ primary task is to promote and defend the interests of civil society, which consists of citizens;
2016/12/09
Committee: ENVI
Amendment 12 #

2015/2345(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that according to the World Association of Non-Governmental Organization (WANGO), an overall total of 13 194 operate in the European region; deeply regrets, however, the shrinking space for civil society in a number of EU Member states;
2016/12/09
Committee: ENVI
Amendment 14 #

2015/2345(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Calls on the Commission to foster an inter-institutional dialogue on a potential consistent EU-level definition of the term ´NGO´ for reporting purposes, in order to facilitate the measurement of EU financing of NGOs and contribute to more transparency on the financing of NGOs from the EU budget;
2016/12/09
Committee: ENVI
Amendment 17 #

2015/2345(INI)

Draft opinion
Paragraph 2
2. Welcomes the fact that the EU has a financial transparency system; emphasises, however, that it does not concern only NGOs; takes the view, therefore, that the information available about NGOs could be made clearer, in order to improve public understanding of their role, particularly regarding key information about funding allocated, amounts committed or disbursed, projects and key results achieved, while securing a high level of protection for personal data and sensitive information disclosure which might put the security of actors at risk;
2016/12/09
Committee: ENVI
Amendment 19 #

2015/2345(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Regrets that the Joint Transparency Register (JTR) does contain a significant number of incorrect and unverifiable information; calls therefore on the Commission to rapidly address the existing official complaints on data inaccuracy that have been filled, and to considerably improve the reliability of the JTR within the current revision process, notably by designing a robust system with better legal definitions, monitoring procedures and an enforcement mechanism;
2016/12/09
Committee: ENVI
Amendment 24 #

2015/2345(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Believes that the Financial Transparency System (FTS) and the Joint Transparency Register (JTR) should be linked or merged, in order to facilitate the availability of information on the financing of NGOs from the EU budget and to avoid unnecessary duplication of information as well bureaucratic burden for registrants;
2016/12/09
Committee: ENVI
Amendment 31 #

2015/2345(INI)

Draft opinion
Paragraph 3
3. Takes the view that a public register of EU-funded NGOs should set up and that it should also give details of the amount and purpose of the subsidies paid out;deleted
2016/12/09
Committee: ENVI
Amendment 42 #

2015/2345(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission, with a view to optimising its cooperation with civil society, to carry outstreamline and improve its regular assessments of the way in which funds allocated to NGOs are administered;
2016/12/09
Committee: ENVI
Amendment 46 #

2015/2345(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Calls on the Commission to foster dialogue with NGOs on how to strengthen the link between NGO activities and outputs to specific EU-funded actions, notably through the Financial Transparency System (FTS) and NGO annual reports;
2016/12/09
Committee: ENVI
Amendment 49 #

2015/2345(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Recalls that overly burdensome grant administration and reporting procedures may divert resources away from project delivery, both on the side of the European Commission as well as on the side of NGOs;
2016/12/09
Committee: ENVI
Amendment 50 #

2015/2345(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Reminds that overly burdensome grant administration and reporting procedures may discourage potential candidate NGOs to apply for EU grants, particularly in the case of smaller NGOs;
2016/12/09
Committee: ENVI
Amendment 53 #

2015/2345(INI)

Draft opinion
Paragraph 5
5. Takes the view that a single portal giving access to rationalised and simplified subsidygrant application procedures should be set up for all EU subsidiegrants intended for NGOs; stresses the importance of an approach based on interoperability between the directorates-general;
2016/12/09
Committee: ENVI
Amendment 56 #

2015/2345(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Commission to consider implementing multi-annual funding for NGOs, as well as shared rules for its funding programmes and a flexible grant mechanism set up to respond to unforeseen policy emergencies;
2016/12/09
Committee: ENVI
Amendment 62 #

2015/2345(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Expresses support for the co- financing principle; takes the view, however, that smaller NGOs might experience difficulties to raise such co- financing funds; calls therefore on the Commission to reflect on the possibilities to allow for co-financing in kind;
2016/12/09
Committee: ENVI
Amendment 215 #

2015/2340(INI)

Motion for a resolution
Paragraph 38 a (new)
38a. Calls on the EU to make full use of the possibilities and resources offered by the existing cooperation agreements as well as by the forthcoming cooperation agreements between Eurojust, of the one part, and Ukraine and Montenegro, of the other part; encourages Eurojust to consider concluding similar agreements with other countries in the Western Balkans and other countries under the Eastern Partnership; recalls the importance of the role played by Eurojust in the fight against THB;
2016/03/14
Committee: AFET
Amendment 6 #

2015/2324(INI)

Draft opinion
Paragraph 1
1. Highlights the importance of the Alpine region as a place for people to live, work and relax in, thanks to the vital contributions made by agriculture and forestry, tourism and craft trades; stresses that these sectors are of crucial value in the sustainable development of the region, as they secure a high-quality food supply, maintain the population in outlying areas, maintain the cultural landscape, and preserve ecosystems by means of sustainable biodiversity, soil and water protection; welcomes the EU Alpine Strategy as a way to improve economic, environmental and social development in the Alpine region;
2016/03/21
Committee: AGRI
Amendment 12 #

2015/2324(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses the need for initiatives to improve mobility, digital infrastructure, energy supply and social migration; considers it necessary for specific traditions in the fields of land use, craft trades and tourism to be preserved when implementing the strategy;
2016/03/21
Committee: AGRI
Amendment 52 #

2015/2324(INI)

Draft opinion
Paragraph 5 b (new)
5b. Considers it particularly important to give young farmers long-term prospects in order to address rural depopulation; calls on the Commission and the Member States to promote transnational initiatives to support entrepreneurship, emerging industries and the labour market in agriculture and forestry;
2016/03/21
Committee: AGRI
Amendment 53 #

2015/2324(INI)

Draft opinion
Paragraph 5 c (new)
5c. Highlights the importance of agritourism as a source of income for small-scale farmers (e. g. farm holidays); calls on the Commission and the Member States to establish programmes to support investment and entrepreneurship; considers it important to support those farms through specific tourism campaigns;
2016/03/21
Committee: AGRI
Amendment 63 #

2015/2324(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points up the important role of agriculture and rural resources in providing social and educational care for particularly vulnerable people; calls on the Commission to promote social agricultural activities, since, for mountain farmers in particular, they represent a new way of providing alternative services;
2016/03/21
Committee: AGRI
Amendment 76 #

2015/2324(INI)

Draft opinion
Paragraph 8 c (new)
8c. Welcomes the establishment of a macroregional governance model for the Alpine region so as to foster cross-border cooperation in agriculture and forestry; regards it as important in this connection that there should be improved exchanges of information and experience, on a transnational basis, between associations and producer organisations in the areas of livestock and crop farming and forestry by setting up regular symposia;
2016/03/21
Committee: AGRI
Amendment 77 #

2015/2324(INI)

Draft opinion
Paragraph 8 d (new)
8d. Emphasises that the development of new initiatives requires regional solutions and participatory approaches, with harmonisation of existing and new initiatives, in order to maximise benefit for mountain farming in the Alps and reduce administrative barriers; points out that the Alpine Convention, EU cohesion policy and existing EU initiatives must be taken into account;
2016/03/21
Committee: AGRI
Amendment 14 #

2015/2320(INI)

Draft opinion
Paragraph 2
2. Urges the Commission and the Member States to focus efforts on regions with low take-up of financial instruments, including scale-up financing for the transition from start-ups to SMEs, in view of the important role of financial products in operational programmes, the EFSI and the EIB Group operations, which availability for SME´s should be enhanced;
2016/04/05
Committee: REGI
Amendment 18 #

2015/2320(INI)

Draft opinion
Paragraph 2 a (new)
2a. Underlines the importance of accessibility to supportive EU funding measures for SMEs located in rural and sparsely populated areas understanding the emphasized positive impact for employment potential of SMEs in these areas;
2016/04/05
Committee: REGI
Amendment 34 #

2015/2320(INI)

Draft opinion
Paragraph 4
4. Emphasises the role of predictive regulation and process facilitation in the context of rapid developments in the knowledge-intensive and highly innovative SME sector, bearing in munderlinindg its role in smart specialisation and bearing in mind the EU Urban Agenda, and looking ahead to the Pact of Amsterdam;
2016/04/05
Committee: REGI
Amendment 2 #

2015/2284(INI)

Draft opinion
Paragraph 1
1. Notes that the evaluations of the European Globalisation Adjustment Fund (EGF) show that the relatively weak results of the interventions of this fund are influenced by factors such as the level of education and qualifications of the targeted workers, as well as by the capacity of absorption of the relevant labour markets; emphasises that such factors are mostly influenced by long- term measures which can be effectively supported by the European Structural and Investment Funds (ESI Funds); recalls, however, that the Member States have the main responsibility for labour policy and social policy, and that the EGF therefore might be in conflict with the principle of subsidiarity;
2016/01/21
Committee: REGI
Amendment 4 #

2015/2283(INI)

Draft opinion
Recital B
B. whereas subsidiarity concerns areas of shared competence, and onincluding the vitally important such area is thatareas of the environment, food safety and public health matters as defined in Article 168.4 TFEU, and whereas issues such as air quality, biodiversity and the climate require action at local and national level to be coordinated with EU policies in a balanced way;
2016/06/01
Committee: ENVI
Amendment 17 #

2015/2283(INI)

Draft opinion
Paragraph 2
2. Emphasises that local and regional authorities are closely involved in implementing environmNotes that environmental legislation is often transposed and implemented in a highly decentral policies and that as a result the Committee of the Regions and its subsidiarity monitoring mechanism are vitally important;ised manner in the Member States; emphasises that the opinion of the Committee of the Regions is important to the co-legislators when defining environmental policies
2016/06/01
Committee: ENVI
Amendment 26 #

2015/2283(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to take into accoucarry out thorough impact assessments to a greater extent the efforts the Member States have already made as regards environmental policies, to ensure it proposes suitable tools and proportionate objectivesccompany legislative proposals, and to take stock of the efficiency of the actions already implemented on Member State level in the policy area of environment, public health and food safety;
2016/06/01
Committee: ENVI
Amendment 38 #

2015/2283(INI)

Draft opinion
Paragraph 4
4. Takes the view that the transfer of powers under the subsidiarity principle is based on trust, and that the national parliaments are right to take the view that conferring tasks; emphasises, in this regard, the importance of safeguarding the independence onf agencies in which conflicts of interest are not managed in a satisfactory manner runs counter to the subsidiarity principle in terms of the effectiveness of action to protect citizensas well as analysing their funding from the EU budget in order to ensure that funding is appropriately and efficiently targeted;
2016/06/01
Committee: ENVI
Amendment 15 #

2015/2279(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas mountainous cross-border cooperation, tourism and craft represent a sustainable way to foster economic and social development of mountainous regions;
2016/01/28
Committee: REGI
Amendment 31 #

2015/2279(INI)

Draft opinion
Recital D
D. whereas mountain areas by agriculture, tourism and craft make a positive contribution to sustainable development, to maintenance of cultural landscapes and the preservation of regional ecosystems;
2016/01/19
Committee: AGRI
Amendment 33 #

2015/2279(INI)

Draft opinion
Recital D a (new)
Da. whereas mountainous cross-border cooperation, tourism and craft represent a sustainable way to foster economic and social development of mountainous regions;
2016/01/19
Committee: AGRI
Amendment 55 #

2015/2279(INI)

Draft opinion
Paragraph 3
3. Considers that the European Agricultural Fund for Rural Development (EAFRD) should form an integral part of the smart specialisation strategies of regions with mountain areas; notes that administrative burden poses a crucial obstacle to the mainly small communities in mountainous regions and thereby threatens the successful implementation of the programmes; calls therefore on the Commission, Member States and the regions to strengthen synergies between different funds and measures for mountain areas in preparing, examining and adopting operational programmes and to promote the reduction of bureaucracy regarding the application and administration of the use of funds in order to give small communities better access to funding;
2016/01/19
Committee: AGRI
Amendment 63 #

2015/2279(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission and Member States to develop strategies between local and regional authorities, civil society and economic players in mountain ranges in order to determine joint action plans for the promotion, development and protection of the mountain ranges in question; welcomes and supports in this regard the Alpine macro-regional strategy initiative, and calls on the Commission to take into account the lessons learnt from the implementation of other EU macro- regional strategies;
2016/01/19
Committee: AGRI
Amendment 104 #

2015/2279(INI)

Draft opinion
Paragraph 7 a (new)
7a. Believes that sustainable and inclusive tourism can tackle the problem of desertification and the lack of generational renewal and perspective creating jobs and diversified contents for those regions; recalls the importance of investing in infrastructure, in particular in digital infrastructure, and diversified educational offers which boost competitiveness and connectivity;
2016/01/19
Committee: AGRI
Amendment 127 #

2015/2279(INI)

Draft opinion
Paragraph 8
8. Stresses the importance of establishing producer groups or organisations to strengthen the bargaining power of farmers in the food chain; recalls the crucial pertinence of local and regional cultural values while structuring the agricultural production and the promotion and protection of products in mountainous regions;
2016/01/19
Committee: AGRI
Amendment 133 #

2015/2279(INI)

Draft opinion
Paragraph 9
9. Believes that such approaches help maintain and create local and regional markets and short supply chains and initiate approaches geared to quality and promoting and protecting products (‘mountain products’, Protected Designations of Origin (PDO), Protected Geographical Indications (PGI) and Traditional Specialty Guaranteed (TSG));
2016/01/19
Committee: AGRI
Amendment 52 #

2015/2259(INI)

Motion for a resolution
Paragraph 4
4. Believes that, given the prevalence of the materials referred to on the EU market and the risk they pose to human health, the Commission should prioritise the drawing-up of specific EU measures for paper, board, coatings, inks and adhesives; is of the opinion that clear rules at the European level for all food contact materials are vital for a credible transition to a circular economy;
166/01/03
Committee: ENVI
Amendment 65 #

2015/2259(INI)

Motion for a resolution
Paragraph 5
5. Is convinced that, in light of the EU’s focus on moving towards a circular economy, specific measures at EU level should also be proposed for recycled paper and board; notes that there is a limit to the number of times that recycled paper and board products may be reused, thus requiring a steady supply of fresh wood fibres;
166/01/03
Committee: ENVI
Amendment 147 #

2015/2259(INI)

Motion for a resolution
Paragraph 16
16. Recommends the development of a singleclear EU standards for analytical toxicological testing in order to ensure that FCMs are tested by companies and competent authorities across the EU using one and the same methodmethods specifically developed for the particular characteristics of each food contact material, without compromising the purpose of the testing;
166/01/03
Committee: ENVI
Amendment 154 #

2015/2259(INI)

Motion for a resolution
Paragraph 17
17. Stresses that it is the responsibility of each Member State to carry out controls on companies that produce or import FCMs; regrets, however, that some Member States do not impose the requirement for companies to register their business activity, thereby allowing such companies to circumvent conformity controls; calls on the Commission to revise the Framework Regulation, so as to require that Member States impose an obligation on all companies producing or importing FCMs to officially register their business activity; recognizes the existence of suitable registration mechanisms in several Member States which can serve as examples of best practices for regulation at the EU level;
166/01/03
Committee: ENVI
Amendment 15 #

2015/2227(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas in many parts of the world it's unrealistic to bring new agricultural land into use, without threatening biodiversity. Over-exploitation of farmland could impoverish the soil and, in the worst case scenario, lead to erosion and desertification;
2016/01/21
Committee: AGRI
Amendment 159 #

2015/2227(INI)

Motion for a resolution
Paragraph 8
8. Encourages innovative solutions in animal husbandry and housing systems that can contribute to a higher level of animal welfare and consequently lead to higher levels of animal health, by reducing the need for veterinary medicinal products, including antimicrobials; stresses that the application of antimicrobials should be prudent and responsible and would be improved by improving the entire production chain with more efficient and faster diagnostic tools that rely on data, better real-time monitoring, targeted precautionary measures and new ways of dispensing in order to combat antimicrobial resistance;
2016/01/21
Committee: AGRI
Amendment 192 #

2015/2227(INI)

Motion for a resolution
Paragraph 12
12. Highlights that a sizeable proportion of biotic waste streams are already used as, for example, animal feed or base material for biofuels; considers, however, that these materials should generate even higher outputs by aiming for the most added value and by using new technologies such as biorefining, insect breeding, solid state fermentation, biogas extraction and the extraction of minerals from manure; notes the lack of economies of scale for agricultural by-products and waste streams, and encourages the Commission to support their reuse by facilitating EU-wide recognition systems and special measures under the rural development programmes, to facilitate cross-border circulation and to improve synergy and coherence with other EU policies;
2016/01/21
Committee: AGRI
Amendment 245 #

2015/2227(INI)

Motion for a resolution
Paragraph 18
18. Calls for a continuous development of innovative new breeding techniques for plants, as this is of vital importance for the efficient development of new varieties, contributing to the development of plants with higher yields, greater nutritional value and better resistance to pests, diseases and adverse weather conditions; believes that many new breeding techniques provide unprecedented opportunities to reduce the environmental impact of conventional agriculture; disapproves of the current administrative and regulatory burdens, such as the difficulty in having legislation based on techniques instead of the result of the technique, which leads to outdated legislation and major obstacles for the plant breeding sector; urges the Commission to encourage new techniques and ensure access to biological materials for SMEs in the breeding sector, and expects it to give primacy to innovation in this respect;
2016/01/21
Committee: AGRI
Amendment 21 #

2015/2226(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas it is of crucial importance to maintain the two pillars of the CAP due to the fact that Pillar I prevents out- migration of small and family farms from the sector and maintains jobs in the agricultural sector, whereas Pillar II funds ensure job creation in other areas such as tourism, food processing and other related sectors;
2016/05/24
Committee: AGRI
Amendment 22 #

2015/2226(INI)

Motion for a resolution
Recital C
C. whereas in order to take on the numerous challenges that European agriculture is facing (relating to food, the environment, energy, the climate, etc.), it is vital to come up with a ‘new social contract’ for agriculture that encourages us to rethink the objectives of a genuine public policy that is in everybody’s interests;deleted
2016/05/24
Committee: AGRI
Amendment 51 #

2015/2226(INI)

Motion for a resolution
Recital G
G. whereas the current crisis shows that the unregulated market is unable to ensure price stability or maintain jobs, and that it is time to come up with new regulatory tools that are tailored to the hypercompetition pertaining in Europe and the rest of the world;deleted
2016/05/24
Committee: AGRI
Amendment 62 #

2015/2226(INI)

Motion for a resolution
Recital H
H. whereas job creation in rural areas must be part and parcel of a sustainable policy that is tailored to ecosystems and involves the maintenance and development of agricultural and agriculture-related activities that forge links between the various stakeholders both socially and in terms of solidarity, forestry and sector-related activities;
2016/05/24
Committee: AGRI
Amendment 79 #

2015/2226(INI)

Motion for a resolution
Recital K
K. whereas support should be provided first and foremost to family farms run by one or more responsible, independent farmers who work on their farms in an effective manner and who are much better able to deal with any problems by adapting their production and/or their production methods and by diversifysmall family-run farms in order to tackle the constant structural change ing their activities when necessary agricultural sector;
2016/05/24
Committee: AGRI
Amendment 94 #

2015/2226(INI)

Motion for a resolution
Paragraph 1
1. Calls on all the Member States to implement a comprehensive generational renewal strategy and, in order to do this, to make full use of all the possibilities provided under the new CAP to support young farmers, including outside the family;deleted
2016/05/24
Committee: AGRI
Amendment 101 #

2015/2226(INI)

Motion for a resolution
Paragraph 2
2. Encourages the Member States to step up their support for small and medium-sized farms, in particular by making more use of the redistributive payment, and to introduce a ceiling on aid of EUR 150 000 across the board;deleted
2016/05/24
Committee: AGRI
Amendment 117 #

2015/2226(INI)

Motion for a resolution
Paragraph 3
3. Points out that the Member States have made extensive use of the option of granting coupled aid – which anchors jobs in disadvantaged areas – and calls on the Member States to increase the proportion of such aid; ; notes that the unequal implementation of coupled aid among Member States leads to distortion within the internal market; calls on the Commission and Member States to ensure equal implementation throughout the Union in order to realise the objectives of the common agricultural policy;
2016/05/24
Committee: AGRI
Amendment 163 #

2015/2226(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Member States and their regions to shift the focus of their rural policy to job creation and retention, and calls on the Commission to assist them in achieving that objective;
2016/05/24
Committee: AGRI
Amendment 190 #

2015/2226(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the need to give young farmers long-term prospects in order to address rural depopulation; calls on the Commission and the Member States to introduce initiatives to support entrepreneurship, emerging industries and the labour market in agriculture and forestry in order to create new and maintain existing agricultural jobs as well as to make them more attractive to young people;
2016/05/24
Committee: AGRI
Amendment 196 #

2015/2226(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Highlights the importance of the tourism sector as a source of income for farmers (e.g. farm holidays); urges the Member States and the Commission to institute programmes to support investment and entrepreneurship; considers it important to support these farms by means of tourism campaigns;
2016/05/24
Committee: AGRI
Amendment 211 #

2015/2226(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses the need for initiatives to improve mobility, digital infrastructure and demographic outlook in rural areas in order to increase the accessibility and attractiveness of rural areas and thus to increase the creation of jobs and their competitiveness;
2016/05/24
Committee: AGRI
Amendment 212 #

2015/2226(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Stresses the need to encourage the development, marketing and sale of high- quality agricultural products; calls for initiatives to open new markets as well as to introduce operational product programmes and marketing campaigns in order to ensure product diversification and competitiveness of the European food chain;
2016/05/24
Committee: AGRI
Amendment 215 #

2015/2226(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Points out that the diversification of agriculture and regional niche markets increase and ensure employment in rural areas; Calls for initiatives to support diversification of farms (e.g. direct marketing of agricultural products) and of the rural economy in general (e.g. facilitating the shift from agricultural work to other fields of employment);
2016/05/24
Committee: AGRI
Amendment 223 #

2015/2226(INI)

Motion for a resolution
Paragraph 12
12. Takes the view that the funds under the future CAP ought to provide more support for small and medium-sized farms, which, because they are generally more diversified, economical and autonomous, and more easily handed over, are more effective in terms of creating added value and territory-based jobs to reduce the dwindling of small and family farms which are an important economic and social pillar of the region;
2016/05/24
Committee: AGRI
Amendment 244 #

2015/2226(INI)

Motion for a resolution
Paragraph 14
14. Takes the view that regaining control of the European market must be a principle for action under the future CAP, before turning to markets outside the EU;deleted
2016/05/24
Committee: AGRI
Amendment 268 #

2015/2226(INI)

Motion for a resolution
Paragraph 15
15. Emphasises that, against a backdrop 15. of deep uncertainty as regards the future of low, volatile agricultural prices, the EU must do more to influence the markets by establishing safety nets and prevention and crisis management systems that could, for example, draw on countercyclical aid, allowing farmers to benefit from more advantageous prices;
2016/05/24
Committee: AGRI
Amendment 281 #

2015/2226(INI)

Motion for a resolution
Paragraph 16
16. Calls for the PAC to prioritise, under the EIP, support for innovative, more sustainable agricultural and forestry models for the production of food and non- food goods and services (renewables, bioeconomics, etc.), developing the full range of resources in each rural territory;
2016/05/24
Committee: AGRI
Amendment 313 #

2015/2226(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Member States to make significant progress towards top- down social harmonisation of the agricultural workforce, thereby minimising the damage done by internal social dumping, which undermines jobs;deleted
2016/05/24
Committee: AGRI
Amendment 328 #

2015/2226(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses that farmers are highly confronted with CAP related administrative costs and that these costs vary substantially among Member States; calls on the Commission and Member States to decrease administrative burden by cutting red tape and simplification as well as ensuring cost-effective transposition of the CAP;
2016/05/24
Committee: AGRI
Amendment 115 #

2015/2225(INI)

Motion for a resolution
Paragraph 6
6. Is of the view that the loss of genetic diversity over the past century threatens food/feed security and undermines EU policies on sustainable agriculture, biodiversity protection and adaptation strategies under climate change; considers all plant and animal varieties, including landraces and their wild relatives, as essential for maintaining genetic diversity, breeding programmes and the production of nutritious and sufficient food; is therefore worried by the current administrative and regulatory burdens, such as the difficulty in having a technique-based legislation instead of an outcome-based legislation, which leads to obsolete rules and major obstacles for the plant breeding sector;
2016/02/02
Committee: AGRI
Amendment 6 #

2015/2184(DEC)

Draft opinion
Paragraph 11 a (new)
11a. Asks the responsible body of the Agency to implement the anti-fraud strategy as soon as possible;
2015/12/22
Committee: ENVI
Amendment 14 #

2015/2176(DEC)

Draft opinion
Paragraph 9 a (new)
9a. Asks the responsible body of the Authority to implement the anti-fraud strategy as soon as possible;
2015/12/22
Committee: ENVI
Amendment 4 #

2015/2175(DEC)

Draft opinion
Paragraph 5
5. Highlights the Agency’s vital role in ensuring the highest possible level of aviation safety throughout Europe; recognises that 2014, due to the dramatic accident of MH17, the crash of Air Asia QZ8501 and the radar interferences over Central Europe has been challenging for the Agency and for aviation safety in general, including implementing and supervising new provision on flight time limitations; stresses that the Agency should be given the necessary financial, material and human resources to perform its tasks successfully, including the development of solutions to tackle the risks caused by flights without transponders in the European airspace;
2016/01/19
Committee: TRAN
Amendment 2 #

2015/2154(DEC)

Draft opinion
Paragraph 1
1. Believes that the CAP, as one of the original European policies, is still one of the mostan important tools of the EU with wide impact, not only in terms of food production but in terms of actual and potential environmental and socio- economic improvements in rural areas;
2015/12/10
Committee: AGRI
Amendment 8 #

2015/2154(DEC)

Draft opinion
Paragraph 2
2. Notes that DG AGRI did a considerable amount of work in 2014 to ensure that Member State authorities are increasingly able to prevent errors in agricultural spending and implement their Rural Development Programs, congratulatemmends DG AGRI for the positive impact apparent in the 2014 ECA Annual Report, and believes its actions should provide a good foundation for further improvements during the key years in the 2014- 2020 spending period;
2015/12/10
Committee: AGRI
Amendment 53 #

2015/2154(DEC)

Draft opinion
Paragraph 15
15. Notes the importance of resource efficiency, and a shift towards a low carbon and climate resilient economy in agri-food and forestry sectors (reduced greenhouse gas and ammonia emissions, more carbon sequestration) and the need to measure the overall achievements related to environmental targets 2014-2020, twhis should not putch could and should be combined with economic growth and a viable food production at risk;
2015/12/10
Committee: AGRI
Amendment 64 #

2015/2154(DEC)

Draft opinion
Paragraph 19
19. Notes that the impact of the Russian import ban on agricultural products, which struck mid-way through 2014, is a major challenge and advocates eliminating the unearned advantagesthe prompt recovery of amounts unlawfully claimed;
2015/12/10
Committee: AGRI
Amendment 83 #

2015/2154(DEC)

Draft opinion
Paragraph 23
23. WishesNotes with concern the lack of consistency, as identified by the Court, between the political objectives and the actual investments. Wishes therefore to be informed about any improvements in terms of policy coherence and compliance, and particularly any feasibility work done on support payments being made conditional on compliance with environmental, animal welfare and food safety rules;
2015/12/10
Committee: AGRI
Amendment 15 #

2015/2105(INI)

Draft opinion
Paragraph 1
1. Considers the opening of new markets to be of the utmost importance in the context of the current farming crisis and accordingly favours the balanced negotiation of bilateral or multilateral agreements with third countries, provided that the most sensitive sectors are adequately protected for a certain period of time;
2016/05/04
Committee: AGRI
Amendment 45 #

2015/2105(INI)

Draft opinion
Paragraph 2
2. Opposes any form of negotiation involving the treatment of European agriculture as an expendable bargaining chip and warns of the cumulative effect of tariff concessions granted under different trade agreements; points out that a zero rate of duty is imposed on 71 % of all EU agri-food imports;
2016/05/04
Committee: AGRI
Amendment 54 #

2015/2105(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Warns of the short-term cumulative effect of tariff concessions granted under different trade agreements on the EU´s agricultural sector, but underlines that complete tariff elimination on agricultural products is the long-term objective of free trade agreements;
2016/05/04
Committee: AGRI
Amendment 55 #

2015/2105(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Recalls that the US continues to remain the EU´s biggest market for agricultural exports; calls on the Commission to ensure that the TTIP negotiations lead to an ambitious, comprehensive and balanced trade and investment agreement of a high standard that would promote sustainable, inclusive growth, as well as increased trade flows, for the EU´s agricultural sector;
2016/05/04
Committee: AGRI
Amendment 57 #

2015/2105(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Underlines the importance of the AA/DCFTAs with Georgia, Moldova and Ukraine for the EU´s agricultural sector, and calls on the Commission and the EU Member States to rapidly ensure the full implementation of these agreements;
2016/05/04
Committee: AGRI
Amendment 66 #

2015/2105(INI)

Draft opinion
Paragraph 3
3. Urges the Commission to assess the impact on Europethe EU´s agricultural sector of fresh trade concessions to third countries and forward its findings to the European Parliament before accepting or making any commercial offer;
2016/05/04
Committee: AGRI
Amendment 73 #

2015/2105(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that, in the context of TTIP and other on-going negotiations on regulatory issues, broader international regulatory cooperation in agricultural matters should be reinforced and should also have positive spill-overs in third countries, in particular in developing countries;
2016/05/04
Committee: AGRI
Amendment 110 #

2015/2105(INI)

Draft opinion
Paragraph 5
5. Considers that the protection of geographical indications should be a sine qua non in trade negotiations with third countries, especially the USAwithin the framework of the on-going TTIP negotiations;
2016/05/04
Committee: AGRI
Amendment 4 #

2015/2103(INL)

Draft opinion
Recital A
A. whereas ageing is the result of an increased life expectancy due to progress in modern medicine, and is one of the greatest social and economic challenges of the 21st century for European societies; whereas by 2025 more than 20% of Europeans will be 65 or over, with a particularly rapid increase in numbers of over 80s, which will lead to a fundamentally different balance between generations within our societies;
2016/09/21
Committee: ENVI
Amendment 37 #

2015/2103(INL)

Draft opinion
Paragraph 2 a (new)
2a. stresses that the increase in demand in CPS units has the potential to create a large number of high-skilled jobs in Europe;
2016/09/21
Committee: ENVI
Amendment 43 #

2015/2103(INL)

Draft opinion
Paragraph 3 a (new)
3a. notes that CPS are likely to have a profound impact on the healthcare sector, with the potential to lower the overall costs of healthcare by enabling medical professionals to shift their focus from treatment to prevention;
2016/09/21
Committee: ENVI
Amendment 47 #

2015/2103(INL)

Draft opinion
Paragraph 5
5. stresses that although CPS has the potential to enhance the mobility and sociability of people with disabilities and elderly people, human caregivers will still be needed and provide an important source of social interaction for them; notes that CPS technologies or robots can only augment human care and make the rehabilitation process more targeted, so that medical staff and caregivers can allocate more time for diagnosis and better treatment options;
2016/09/21
Committee: ENVI
Amendment 55 #

2015/2103(INL)

Draft opinion
Paragraph 6 a (new)
6a. underlines that the increased use of CPS could result in a healthier society as procedures become less invasive, leading to quicker recovery times, and reducing health-care absenteeism;
2016/09/21
Committee: ENVI
Amendment 66 #

2015/2103(INL)

Draft opinion
Subheading 3
Clinical trialevaluation and clinical investigations
2016/09/21
Committee: ENVI
Amendment 71 #

2015/2103(INL)

Draft opinion
Paragraph 11
11. calls on the Commission to consider adapting the existing trial procedures designed for testing medicines to the purpose of testing new medical robotic devices;deleted
2016/09/21
Committee: ENVI
Amendment 76 #

2015/2103(INL)

Draft opinion
Paragraph 11 a (new)
11a. welcomes the political agreement on the new medical devices regulation which will improve the safety and quality of medical devices, including robots and CPS, by strengthening the scrutiny of products before they are placed on the market and tightening the surveillance once they are available;
2016/09/21
Committee: ENVI
Amendment 84 #

2015/2103(INL)

Draft opinion
Paragraph 13
13. acknowledges the vulnerability of patients with special needs, including children, elderly and people suffering from disabilities, who may develop an emotional connection with CPS and robots, and underlines the ethical considerations posed by their possible attachment; encourages the Commission to start a reflection on how to ensure that CPS will not negatively impact the autonomy and independence of vulnerable persons;
2016/09/21
Committee: ENVI
Amendment 97 #

2015/2103(INL)

Draft opinion
Paragraph 15 a (new)
15a. notes also that the use of CPS will have a positive impact on the environment, especially in the fields of agriculture and food supply, notably through the reduced size of machinery and the reduced use of fertilizers, energy and water, as well as through precision farming; (To be inserted before the subheading ‘Safety’)
2016/09/21
Committee: ENVI
Amendment 99 #

2015/2103(INL)

Draft opinion
Paragraph 15 b (new)
15b. stresses that CPS will lead to the creation of energy and infrastructure systems that are able to control the flow of electricity from producer to consumer, as well as will result in the creation of energy ´prosumers´, who both produce and consume energy; thus allowing for major environmental benefits; (To be inserted before the subheading ‘Safety’)
2016/09/21
Committee: ENVI
Amendment 119 #

2015/2103(INL)

Draft opinion
Paragraph 18 a (new)
18a. encourages the Research Ethical Committees and the Commission to start a reflection in order to develop a code of conduct for researchers/designers and users of medical CPS, that should be based on the principles enshrined in the Union’s Charter of Fundamental Rights (such as human dignity and human rights, equality, justice and equity, benefit and harm, dignity, non-discrimination and non-stigmatisation, autonomy and individual responsibility, informed consent, privacy and social responsibility as well as the rights of the elderly, the integration of persons with disabilities, the right to healthcare, and the right to consumer protection) and on existing ethical practices and codes.
2016/09/21
Committee: ENVI
Amendment 88 #

2015/0276(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Waste prevention is the most efficient way to improve resource efficiency and reduce the environmental impact of waste. For those reasons, Member States should achieve a significant and sustained reduction in the use of non-recyclable packaging and of excess packaging items and phase out non-recyclable packaging when that packaging is not re-usable.
2016/07/06
Committee: ENVI
Amendment 92 #

2015/0276(COD)

Proposal for a directive
Recital 4 b (new)
(4b) Increased re-use of packaging could bring a reduction of the overall costs along the supply chain and reduce the environmental impact of re-usable packaging waste. Therefore, it is necessary that Member States provide financial and fiscal incentives for producers which put reusable packaging, which at the end of its life can be effectively recycled, on the market.
2016/07/06
Committee: ENVI
Amendment 96 #

2015/0276(COD)

Proposal for a directive
Recital 4 c (new)
(4c) Fostering a sustainable bio- economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for sustainable bio-based packaging from renewable sources and reviewing existing legislation hampering the use of those materials may offer the opportunity to substitute fossil sources for packaging with renewable ones when environmentally beneficial from a lifecycle perspective.
2016/07/06
Committee: ENVI
Amendment 102 #

2015/0276(COD)

Proposal for a directive
Recital 5
(5) Through a progressive increase of the existing targets on preparing for re-use and recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative15 and the creation of a circular economy. __________________ 15 and, in the case of packaging material, without prejudice to food safety, consumer health and food contact materials legislation. __________________ 15 COM(2013) 442. COM(2013) 442.
2016/07/06
Committee: ENVI
Amendment 110 #

2015/0276(COD)

Proposal for a directive
Recital 8
(8) This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy by large, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy byand devise these strategies and investment plans so that they are geared primarily to promoting waste prevention, and re-use and recycling, followed by recycling, in line with the waste hierarchy.
2016/07/06
Committee: ENVI
Amendment 116 #

2015/0276(COD)

Proposal for a directive
Recital 10 a (new)
(10a) Research in bio-based materials has progressed over the last years, and could be further stimulated by deeper market penetration of such materials. Therefore, the use of sustainable biodegradable and bio-based content in packaging should be encouraged, in compliance with health standards and requirements, including by promoting appropriate and voluntary labelling of packaging.
2016/07/06
Committee: ENVI
Amendment 127 #

2015/0276(COD)

Proposal for a directive
Recital 14
(14) Statistical dataData and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statisticsreported data should be improved by establishing a common methodology for collection and processing of data based reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.
2016/07/06
Committee: ENVI
Amendment 129 #

2015/0276(COD)

Proposal for a directive
Recital 16
(16) Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparorting on the reports on compliance withachievements of the targets set out in Directive 94/62/EC, Member States should be required to use the most recentall use the common methodology developed by the Commission andin cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management.
2016/07/06
Committee: ENVI
Amendment 163 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 4 – paragraph 3
(2a) In Article 4, paragraph 3 is replaced by the following: "3. The Commission shall, as appropriate, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging." The Commission shall in particular propose measures concerning non-recyclable packaging, packaging containing hazardous substances, disposable and excess packaging, as well as evaluating new packaging material, and assess their impact at Union level. "
2016/07/06
Committee: ENVI
Amendment 175 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 5 – paragraph 1
"Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty."(2a) In Article 5, paragraph 1 is replaced by the following: 'In order to achieve the objectives laid down in this Directive, Member States shall take measures to promote the re-use of products. These measures may include the setting up of systems promoting environmentally sound re-use activities of packaging. '
2016/07/06
Committee: ENVI
Amendment 285 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1 – point a
(a) the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process, excluding the combined weight of contaminants in the input waste;
2016/08/02
Committee: ENVI
Amendment 329 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 2 – point b a (new)
(ba) examples of best practices that are used throughout the Union and that could provide guidance for progressing towards achieving the targets laid down in Article 6.
2016/08/02
Committee: ENVI
Amendment 369 #

2015/0276(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 94/62/CE
Annex II
(12a) Annex II to Directive 94/62/EC on packaging and packaging waste is amended as set out in the Annex to this Directive.
2016/08/02
Committee: ENVI
Amendment 374 #

2015/0276(COD)

Proposal for a directive
Annex – paragraph -1 (new)
Directive 94/62/EC
Annex II – point 1– indent 1 a (new)
(-1) In Annex II, point 1, the following indent 1a is inserted: - Packaging shall be produced in such a way as to minimise its carbon footprint, including by using biodegradable and sustainable bio-based materials.
2016/08/02
Committee: ENVI
Amendment 188 #

2015/0275(COD)

Proposal for a directive
Recital 4
(4) Municipal waste constitutes approximately between 7 and 10% of the total waste generated in the Union; however, this waste stream is amongst the most complex ones to manage, and the way it is managed generally gives a good indication of the quality of the overall waste management system in a country. The challenges of municipal waste management result from its highly complex and mixed composition, direct proximity of the generated waste to citizens, and a very high public visibility. As a result, its management involves a need for a highly complex waste management system including an efficient collection scheme, an effective sorting system, tracing of waste streams, a need to actively engage citizens and businesses, a need for infrastructure adjusted to the specific waste composition, and an elaborate financing system. Countries which have developed efficient municipal waste management systems generally perform better in overall waste management. However, proper management of municipal waste alone is not enough to boost the transition to a circular economy where waste is considered a resource; a lifecycle approach to products and waste is necessary to ignite this boost.
2016/07/18
Committee: ENVI
Amendment 274 #

2015/0275(COD)

Proposal for a directive
Recital 13 a (new)
(13a) In order to help achieve the targets of this Directive and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. This exchange could be facilitated through communications platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
2016/07/18
Committee: ENVI
Amendment 322 #

2015/0275(COD)

Proposal for a directive
Recital 20
(20) Compliance with the obligation to set up separate collection systems for paper, metal, plastic and glass is essential in order to increase preparing for re-use and recycling rates in Member States. In addition bio-Bio- waste should be collected separately to contribute to an increase in preparing for re-use and recycling rates and the prevention of contamination of dry recyclable materials. In addition, research into possible collection and recycling systems for also other streams and new materials should be encouraged and intensified.
2016/07/18
Committee: ENVI
Amendment 334 #

2015/0275(COD)

Proposal for a directive
Recital 21 a (new)
(21a) To avoid contamination of municipal waste with hazardous substances which could lower recycling quality and hamper the take-up of secondary raw materials, Member States should set up separate collection or reception systems for hazardous waste from households.
2016/07/18
Committee: ENVI
Amendment 353 #

2015/0275(COD)

Proposal for a directive
Recital 28
(28) Statistical dataData and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statisticsreported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Therefore, when reporting on the achievement of the targets set out in waste legislation, Member States shall use the most recentcommon methodology developed by the Commission andin cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management.
2016/07/18
Committee: ENVI
Amendment 406 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1a – paragraph 2
Municipal waste does not include waste from sewage network and treatment, including sewage sludge and construction and demolition waste as well as industrial process waste;
2016/08/16
Committee: ENVI
Amendment 409 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1a – paragraph 2 a (new)
The public or private status of the operator managing waste shall not affect the process of determining whether waste is considered as municipal waste as defined in the first and second subparagraph.
2016/08/16
Committee: ENVI
Amendment 477 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17a
17a. "final recycling process" means the recycling process which begins when no further mechanical sorting operation is needed and waste materials and waste considered to have ceased to be waste enter a production process and are effectively reprocessed into products, materials or substances;
2016/08/16
Committee: ENVI
Amendment 538 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2008/98/EC
Article 4 – paragraph 3a (new)
(3a) In article 4, the following paragraph 3a is inserted: ‘3a. Member States shall encourage the exchange of information and sharing of best practices with regard to the instruments and incentives used in accordance paragraph 3 in order to boost the achievement of the objectives laid down in Article 4.’
2016/08/16
Committee: ENVI
Amendment 642 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and easily repairable and that are, after having become waste, suitable for and been preparationed for re- use andor recyclinged, suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy. The measures shouldall take into account the impact of products throughout their life cycle and the waste hierarchy.
2016/07/18
Committee: ENVI
Amendment 796 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 – paragraph 4 – point c a (new)
(ca) comply with the Article 114 of the Treaty on the Functioning of the European Union;
2016/07/18
Committee: ENVI
Amendment 808 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 5 – subparagraph 2
Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of the producers, Member State shallMember States shall name or establish an independent authority to oversee the implementation of extended producer responsibility obligations as laid down in this Directive.
2016/07/18
Committee: ENVI
Amendment 836 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – introductory wording
1. Member States shall take measures to prevent waste generation. These, including measures shallto:
2016/07/19
Committee: ENVI
Amendment 849 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 1 a (new)
- ensure that support from the Cohesion Fund established by Regulation (EU) No 1300/2013 of the European Parliament and of the Council* is used for waste prevention and that this support is allocated in accordance with the waste hierarchy defined in Article 4 of this Directive; __________________ *Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006 (OJ L 347, 20.12.2013, p. 281).
2016/07/19
Committee: ENVI
Amendment 947 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3
3. Member States shall monitor and assess the implementation of their food waste prevention measures by measuring food waste on the basis of methodologies established in accordance with paragraph 4. For that purpose, they may set appropriate qualitative or quantitative indicators and targets, based on such methodologies.
2016/07/19
Committee: ENVI
Amendment 1139 #

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 4
4. Member States shall establish an effective system of quality control and traceability of the municipal waste to ensure that conditions laid down in paragraph 3(a) and (b) are met. The system may consist of either electronic registries set up pursuant to Article 35(4), technical specifications for the quality requirements of sorted waste or any equivalent measure such as a certification of the installation to ensure the reliability and accuracy of the data gathered on recycled waste.
2016/07/19
Committee: ENVI
Amendment 46 #

2015/0274(COD)

Proposal for a directive
Recital 5
(5) Clear environmental, economic and social benefits would be derived from further restricting landfilling, starting with waste streams that are subject to separate collection (e.g. plastics, metals, glass, paper, bio-waste). Technical, environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions. Long-term investments in infrastructure, research and innovation should play a crucial role in reducing the amount of residual waste resulting from separately collected waste, the recycling or other recovery of which is not technically, environmentally or economically feasible at the moment.
2016/07/06
Committee: ENVI
Amendment 55 #

2015/0274(COD)

Proposal for a directive
Recital 7
(7) Many Member States have not yet completely developed the necessary waste management infrastructure. The setting of landfill reduction targets will furtherrequire investments to facilitate separate collection, sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy.
2016/07/06
Committee: ENVI
Amendment 65 #

2015/0274(COD)

Proposal for a directive
Recital 8 a (new)
(8a) In order to help achieve the objectives of this Directive, and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. This exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
2016/07/06
Committee: ENVI
Amendment 77 #

2015/0274(COD)

Proposal for a directive
Recital 11
(11) Statistical dataData and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statisticsreported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 19991/31/EC, Member States should be required to use the most recentall use the common methodology developed by the Commission andin cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management.
2016/07/06
Committee: ENVI
Amendment 131 #

2015/0274(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 7
7. By 31 December 2024 at the latest, the Commission shall examine the target laid down in paragraph 5 with a view to reducing it and introducing. By 31 December 2018 at the latest, the Commission shall examine the possibility to introduce a target and restrictions to the landfilling of non- hazardous waste other than municipal waste. To this end, a report of the Commission accompanied by a proposal, if appropriate, shall be sent to the European Parliament and the Council.
2016/07/06
Committee: ENVI
Amendment 142 #

2015/0274(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – paragraph 2 – point c a (new)
(ca) examples of best practices that are used throughout the Union and that could provide guidance for progressing towards achieving the target laid down in Article 5.
2016/07/06
Committee: ENVI
Amendment 31 #

2015/0272(COD)

Proposal for a directive
Recital 3
(3) Statistical dataData and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statisticsreported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when reporting on the achievement of the targets set out in these Directives, Member States shall use the common methodology developed by the Commission in cooperation with the national statistical offices of Member States and the national authorities responsible for waste management.
2016/07/08
Committee: ENVI
Amendment 37 #

2015/0272(COD)

Proposal for a directive
Recital 4 a (new)
(4a) In order to help achieve the targets laid down in this Directive and to help boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. This exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
2016/07/08
Committee: ENVI
Amendment 43 #

2015/0272(COD)

Proposal for a directive
Article 1 – paragraph -1 (new)
Directive 2000/53/EC
Article 8 a (new)
(-1) After Article 8, the following Article is inserted: "Article 8a Instruments to promote a shift to a more circular economy In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and other measures. Annex IIa provides examples of such instruments and measures."
2016/07/08
Committee: ENVI
Amendment 54 #

2015/0272(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2000/53/EC
Annex II a (new)
(2a) After Annex II, the following Annex is added: “Annex IIa Instruments to promote a shift to a more circular economy. 1. Economic instruments: 1.1 progressive increase of landfill taxes and/or fees for all categories of waste (municipal, inert, others); 1.2 introduction or increase of incineration taxes and/or fees or specific bans for incineration of recyclable waste; 1.3 progressive extension to the whole territory of Member States of 'pay-as-you- throw' systems incentivising municipal waste producers to reduce, re-use and recycle their waste; 1.4 measures to improve the cost efficiency of existing and forthcoming producer responsibility schemes; 1.5 extension of the scope of the producer responsibility schemes to new waste streams; 1.6 economic incentives for local authorities to promote prevention, develop and intensify separate collection schemes; 1.7 measures to support the development of the re-use sector; 1.8 measures to supress subsidies not consistent with the waste hierarchy. 2. Further measures: 2.1 public procurement; 2.2 technical and fiscal measures to support the development of markets for re-used products and recycled (including composted) materials as well as to improve the quality of recycled materials; 2.3 measures to increase public awareness of proper waste management and litter reduction, including ad hoc campaigns to ensure waste reduction at source and a high level of participation in the separate collection schemes; 2.4 measures to ensure an appropriate coordination, including by digital means, between all competent public authorities involved in waste management, and the involvement of other key stakeholders; 2.5 use of the European Structural and Investment Funds in order to finance the development of the waste management infrastructure needed to meet the relevant targets; 2.6 creation of communication platforms to foster exchange of best practices between industries and Member States; 2.7 any relevant alternative or additional measures aiming at meeting the same purpose.”
2016/07/08
Committee: ENVI
Amendment 107 #

2015/0269(COD)

Proposal for a directive
Recital 3 a (new)
(3a) Member States should ensure that an effective system is implemented for monitoring possession of firearm. That system, which could be periodic or continuous, should either be based on medical review, if deemed appropriate, upon the issuance or renewal of an authorisation, or provide for an effective alternative system of continuous monitoring taking into account the risks concerned, and any relevant indications, for example from medical personnel, indicating that the conditions for allowing possession may no longer be met. Where a system of continuous monitoring is used, it may inter alia include for the owner to submit at any time to a check of continued eligibility for possession, and on-site checks of compliance with safe storage requirements.
2016/04/29
Committee: IMCO
Amendment 127 #

2015/0269(COD)

Proposal for a directive
Recital 3 b (new)
(3b) Certain persons have a legitimate interest in accessing firearms classified in category A, provided that exemptions are granted on a strictly limited basis. These could include, inter alia, national defence, armourers, proof houses, manufacturers, forensic scientists and, in certain cases, those involved in film production, as well as individuals needing firearms for self- defence purposes.
2016/04/29
Committee: IMCO
Amendment 151 #

2015/0269(COD)

Proposal for a directive
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in theirIn special cases for educational, cultural, research and historical purposes, it should be possible for Member States to choose to authorise persons to acquire and possession firearms and ammunition classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member S, provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should tatke concerned and provided that those firearms have been deactivatedinto account and reflect the specific situation, including the nature of the collection and its purposes.
2016/04/29
Committee: IMCO
Amendment 161 #

2015/0269(COD)

Proposal for a directive
Recital 4 a (new)
(4a) National defence purposes shall constitute a legitimate purpose for certain persons to acquire and possess firearms classified in category A, provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage.
2016/04/29
Committee: IMCO
Amendment 190 #

2015/0269(COD)

Proposal for a directive
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, this is done for a legitimate purpose. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, national defence training, various scientific, technical or testing activities and re-enactment of historical events, filmmaking or historical study and collection can constitute a legitimate purpose.
2016/04/29
Committee: IMCO
Amendment 253 #

2015/0269(COD)

Proposal for a directive
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security asMarketing of firearms, parts and ammunition by means of the internet or other means of distance communication, for example by way of online auction catalogues or classified advertisements, and they arranging of a sale more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality other transaction by means of, for example, telephone or email should, where allowed under national law, be possible provided that the actual handing over takes place either between the parties directly on a face-to-face basis, or by way of collecting the firearm, essential component ofr authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersmmunition at the premises of a dealer, local police station or another reliable body, based on nationally established practices of Member States, which have been proven to be safe and secure. The verification of identity and appropriate licenses of the right to engage in such a transaction shall be done either on a face- to-face basis or through a secure and reliable system, such as electronic verification.
2016/04/29
Committee: IMCO
Amendment 415 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the and public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
2016/04/28
Committee: IMCO
Amendment 480 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the appropriate unique marking permitting identification of the transferring government.
2016/04/28
Committee: IMCO
Amendment 553 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1establish a monitoring system based on reliable assessments of future risk of violent behaviour, including, if deemed necessary, medical checks, which may be carried out on a continuous or periodic basis, for the acquisition and possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it was granted isthe acquisition or possession was allowed are no longer met.
2016/04/28
Committee: IMCO
Amendment 650 #

2015/0269(COD)

Proposal for a directive
Article 1 – point 6 a (new)Directive 91/477/EEC

Article 6 a (new)
(6a) The following Article is inserted: "Article 6a Except with respect to transfers between dealers and brokers, the selling and acquisition of firearms and their essential components and ammunition following a transaction by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council, shall be subject to strict control by the Member States and allowed only if it takes place under conditions whereby the identities and appropriate licences of the parties can be reliably and securely verified."
2016/04/29
Committee: IMCO
Amendment 155 #

2015/0148(COD)

Proposal for a directive
Recital 11
(11) A Modernisation Fund should be established from 10% of the allowances to be auctioned and 2% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector in line with the Union's long-term climate and energy objectives, while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds. That governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise and investment criteria of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.
2016/08/04
Committee: ENVI
Amendment 171 #

2015/0148(COD)

Proposal for a directive
Recital 13
(13) EU ETS funding should be coherent with other Union funding programmes, including European Structural and Investment FundsHorizon 2020, the European Fund for Strategic Investments, European Structural and Investment Funds, and the European Investment Bank Climate Investment Strategy, so as to ensure the effectiveness of public spending.
2016/08/04
Committee: ENVI
Amendment 216 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 3
Directive 2003/87EC
Article 9 – paragraphs 2 and 3
Starting in 2021, the linear factor shall be 2.2%. 4% of the quantity defined in paragraph 1, beginning from the average annual verified emissions for the period 2016 to 2018.
2016/07/14
Committee: ENVI
Amendment 314 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 5 – point a d (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 1 a (new)
(ad) In paragraph 2, the following subparagraph is inserted: 'Free allocation shall only be given to sectors and subsectors for which data is provided in accordance with the harmonised established methodology.'
2016/07/07
Committee: ENVI
Amendment 440 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/1814 and unused funds from NER300 allowance auctions for the period between 2013 and 2020 shall supplement any existing resources remaining under this paragraph for projects referred to above, with projects in all Member States including small- scale projects, before 2021in subparagraphs 1 and 2, from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria.
2016/07/07
Committee: ENVI
Amendment 450 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10b – title
MTransitional measures to support certain energy- intensive industries in the event of carbon leakage
2016/08/23
Committee: ENVI
Amendment 498 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3 a (new)
3a. The Commission shall keep under review the development of carbon pricing mechanisms, or equivalent measures, outside the European Economic Area. The Commission may on this basis revise the carbon leakage provisions, or the list of third countries taken into account in the definition of exposure to the risk of carbon leakage. The Commission shall be empowered to adopt such changes in accordance with Article 23.
2016/08/23
Committee: ENVI
Amendment 554 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point ii
(ii) are additional, clearly respond to replacement and modernisation needs and, do not supply a market-driven increase in energy demand;, are not included in the first national investment plan and are supplementary to the investments required to comply with the Best Available Techniques Reference Document and BAT conclusions for Large Combustion Plants and other requirements in accordance with Directive 2010/75/EU1a; __________________ 1a. Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
2016/08/23
Committee: ENVI
Amendment 571 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 3
3. The value of the intended investments shall at least equal the market value of the free allocation, while taking into account the need to limit directly linked price increases. The market value shall be the average of the price of allowances on the common auction platform in the preceding calendar year. Up to 60% of the relevant costs of an investment may be supported with free allocation.
2016/08/23
Committee: ENVI
Amendment 580 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall annually report on this to the Commission, and the Commission shall make such reports public.
2016/08/23
Committee: ENVI
Amendment 596 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive and the European Fund for Strategic Investments, the Union's long-term climate and energy objectives, the European Fund for Strategic Investments and Annex I of the European Investment Bank Climate Strategy.
2016/08/23
Committee: ENVI
Amendment 598 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 a (new)
1a. Support to investments for energy efficiency shall be directed towards improving the energy performance of buildings.
2016/08/23
Committee: ENVI
Amendment 618 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee, which shall be composed of representatives from the beneficiary Member States, the Commission, the EIBCommission, the EIB, three representatives elected by the beneficiary Member States for a period of 5 years and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine a Union-level investment policy, in line with Annex I of the EIB Climate Investment Strategy and consistent with Union policies appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day- to-day management of the fund.
2016/08/23
Committee: ENVI
Amendment 697 #

2015/0148(COD)

Proposal for a directive
Article 1 – point 22
Directive 2003/87/EC
Article 25a – paragraph 1 – subparagraph 2
Where necessary, the Commission may adopt amendmentssubmit a legislative proposal to the European Parliament and to the Council amending this Directive to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in Annex I or to provide for any other amendments to the aviation activities listed in Annex I which are required by an agreement pursuant to the fourth subparagraph. The Commission shall be empowered to adopt such amendments in accordance with Article 23international or bilateral agreement.
2016/07/07
Committee: ENVI