366 Amendments of Czesław HOC
Amendment 338 #
2018/0210(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 5
Article 3 – paragraph 2 – point 5
Amendment 445 #
2018/0210(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) 1at least 20% of the Union financial support allocated per Member State.
Amendment 499 #
2018/0210(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. An application submitted by a beneficiaryn applicant for support from the EMFF shall be inadmissible for an identified period of time laid down pursuant to paragraph 4, if it has been determined by the competent authority that the beneficiaryapplicant concerned:
Amendment 528 #
2018/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) operations that increase the fishing capacity of a fishing vessel, unless within the limit allocated to the Member State concerned, or support the acquisition of equipment that increases the ability of a fishing vessel to find fish;
Amendment 535 #
2018/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the construction and acquisition of fishing vessels or the importation of fishing vessels, unless such construction and such acquisition and such importation are within the limit of fishing capacity allocated to the member State concerned, unless otherwise provided for in this Regulation;
Amendment 543 #
2018/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 657 #
2018/0210(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) the new or modernised engine shall not have more power in kW than the current enginmaximum power obtainable (in kW) of the new or modernised engine must not be greater than that stated in the fishing licence;
Amendment 675 #
2018/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the fishing vessel is registered as active and has carried out fishing activities at sea for at least 1280 days in each ofduring the last three calendar years preceding the year of submission of the application for support;
Amendment 683 #
2018/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
(e) the beneficiary is prohibited from registering any new fishing vessel within five years following the receipt of support.
Amendment 743 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a
Article 18 – paragraph 3 – subparagraph 1 – point a
(a) owneperators of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 1280 days in each ofduring the last three calendar years preceding the year of submission of the application for support; or
Amendment 752 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point b
Article 18 – paragraph 3 – subparagraph 1 – point b
(b) fishers who have worked at sea for at least 1280 days in each ofduring the last three calendar years preceding the year of submission of the application for support on board a Union fishing vessel concerned by the extraordintemporary cessation.
Amendment 762 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Amendment 766 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. All fishing activities carried out by the vessels and fishers concerned shall be effectively suspended during the period concerned by the cessation. The competent authority shall satisfy itself that the vessel concerned has stopped any fishing activities during the period concerned by the extraordintemporary cessation and that any overcompensation resulting from the use of the vessel for other purposes is avoided.
Amendment 774 #
2018/0210(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. In particular, the following types of operations shall be eligible: a) the purchase and installation of measures necessary for the control of sea and inland fishing; b) operational costs related to the implementation of control activities related to sea and inland fishing; c) the organization of seminars, purchase of media tools, dissemination of information concerning i.a. the fight against illegal, unreported and unregulated (IUU) fishing or the CFP rules.
Amendment 811 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) investments in ports to provide adequate reception and recycling facilities for lost fishing gears and marine litter collected from the sea;
Amendment 824 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f a (new)
Article 22 – paragraph 2 – point f a (new)
(f a) compensation for damage caused by protected mammals and birds;
Amendment 826 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f b (new)
Article 22 – paragraph 2 – point f b (new)
(f b) direct restocking as a conservation measure in a Union legal act;
Amendment 827 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f c (new)
Article 22 – paragraph 2 – point f c (new)
(f c) support for the collection and management of data on the occurrence of alien species that may cause catastrophic effects on biodiversity.
Amendment 831 #
2018/0210(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Fishing ports, landing sites, auction halls and shelters Without prejudice to Article 13 (1) (h) the EMFF may support investments improving the infrastructure of fishing ports, auctions halls, landing sites and shelters aimed the purpose of increasing the quality, control and traceability of the products landed and improving safety and working conditions.
Amendment 832 #
2018/0210(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Article 22 b Innovations 1. In order to stimulate innovation in fisheries, the EMFF may support projects aimed at developing or introducing new or substantially improved products and equipment, new or improved processes and techniques, new or improved management and organisation systems, including at the level of processing and marketing, gradual elimination of discards and by-catches, introduction of new technical or organisational knowledge, reducing the environmental impact of fishing activities, including improved fishing techniques and selectivity of fishing gear, or achieving a more sustainable use of living marine resources and coexistence with protected predators. 2. Operations financed under this Article shall be initiated by individual entrepreneurs or producer organizations and their associations. 3. The results of operations financed under this Article shall be made public by the member State.
Amendment 862 #
2018/0210(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The EMFF mayshall support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. It may also support actions promoting the marketing, the quality and the value added of fishery and aquaculture products.
Amendment 869 #
2018/0210(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Support granted per producer organisation per year under this Article shall not exceed 3% of the average annual value of the production placed on the market by that producer organisation or its members during the preceding three calendar years. For any newly recognised producer organisation, that support shall not exceed 3% of the average annual value of the production placed on the market by the members of that organisation during the preceding three calendar years.
Amendment 899 #
2018/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The strategies shall be coherent with the opportunities and needs identified in the relevant area and the Union priorities set out in Article 4. Strategies may range from those which focus on fisheries to broader strategies directed at diversification of fisheries areas. The strategies shall go beyond a mere collection of operations or juxtaposition of sectorial measures.
Amendment 904 #
2018/0210(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Support from the EMFF for community - led local development 1. The following operations are eligible for support under Article 26 in accordance with Article 28 of Regulation (EU) No (Regulation laying down Common Provisions): a) preparatory support, b) implementation of community-led local development strategies; c) cooperation activities; d) running costs and animation. 2. FLAGs may request the payment of an advance from the managing authority of an advance from the managing authority if such possibility is provided for in the operational programme. The amount of the advances shall not exceed 50% of the public support related to the running costs and animation.
Amendment 374 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
(xii) enhancing institutional capacity of public authorities and stakeholders and efficient public administration; (xiii) enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure; (xiv) improving access to inclusive and quality services in education, training and life long learning through developing infrastructure; (xv) increasing the socioeconomic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services; (xvi) ensuring equal access to health care through developing infrastructure, including primary care; (xvii) improving accessibility to goods, services and physical environment in order to enable persons with disabilities to live independently and participate fully in all aspects of life, on an equal basis with others.
Amendment 448 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 545 #
2018/0206(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Integrated territorial development. (1) The ESF+ may support integrated territorial development within programmes under both goals referred to in Article 4(2) of Regulation (EU) 2018/xxxx [new CPR] in accordance with Chapter II of Title III of that Regulation [new CPR]. (2) Member States shall implement integrated territorial development, supported by the ESF+, exclusively through the forms referred to in Article [22] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 548 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall support actions of social innovation and social experimentations, or strengthen bottom-up approaches based on partnerships involving public authorities, the private sector, and civil society such as the Local Action Groups designing and implementing community-led local development strategies.
Amendment 551 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point 1 (new)
Article 13 – paragraph 1 – point 1 (new)
(1) 5. Member States shall identify, either in their operational programmes or at a later stage during implementation, fields for social innovation and social experimentations that correspond to the Member States' specific needs.
Amendment 552 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point 2 (new)
Article 13 – paragraph 1 – point 2 (new)
(2) 6. The Commission shall facilitate capacity building for social innovation, in particular through supporting mutual learning, establishing networks, and disseminating and promoting good practices and methodologies.
Amendment 553 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may support the upscaling of innovative approaches tested on a small-scale (social innovation and social experimentations) developed under the Employment and Social Innovation strand and other Union programmes.
Amendment 556 #
2018/0206(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Innovative actions and approaches may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1).
Amendment 562 #
2018/0206(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Transnational cooperation 1. Member States may support transnational cooperation actions under a specific priority. 2. Transnational cooperation actions may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1). 3. The maximum co-financing rate for this priority may be increased to 95% for the allocation of maximum 5% of the national ESF+ allocation under shared management to such priorities.
Amendment 564 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the purchase of land and real estate, and the provision of infrastructure, and
Amendment 566 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 573 #
2018/0206(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 580 #
2018/0206(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Personal data of individual persons related to indicators required under point 1a and 3 of Annex 1 is collected from each participant. Data on the indicators for participants shall only be transmitted when all data required under point (1a) of Annex 1 relating to that participant are available.
Amendment 173 #
2018/0193(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and Council28 . The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of that Regulation. Its successful implementation depends on thea simplified, effective and up-to-date control and enforcement system that recognises the principles of subsidiarity and proportionality. __________________ 28Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 183 #
2018/0193(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Small -scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small -scale fisheries on stocks, it is important to controlheck that the fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose it is necessary to obtain the position data of those vessels. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres' length. For these vessels 12 metres' length it is now possible to use mobile devices which are less expensive and easy to useit is sufficient to use apps that can be downloaded to fishermen’s mobile phones. This will make it possible to promote the socio-economic interests of the fisheries concerned, providing funding where necessary via the European Maritime and Fisheries Fund, subsidies, financial instruments or InvestEU.
Amendment 189 #
2018/0193(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the Parliament and Council31 in order to align certain of its provisions to the landing obligation set in Article 15 of Regulation (EU) No 1380/2013. In order to allow the proper control of the landing obligation, it is necessary to equip, on the basis of a risk assessment, a certain percentage of fishing vessels should be equipped with continuous recording electronic monitoring devices including Close Circuit Televisions (CCTV). CCTV data may be supplemented by data from other electronic monitoring devices. Data from these devices, including from CCTV, will provide Member State officials with means tosuch as fishing activity sensors or catch-mass estimation systems in order to estimate the difference between the weight of the catch and the weight of the products that are landed. Close Circuit Televisions (CCTV) could be used, on a voluntary basis, in order to demonstrate control compliance with the landing obligation at sea. The CCTV footage should only concern the gears and the parts of the vessels where fishery products are brought on board, handled and stored. Footage from CCTVThese systems should be recordgistered locally and should be made available exclusively to Member States officials or Union inspectors upon requests, in particular in the context of inspections, investigations or audits. __________________ 31Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98 (OJ L 133, 29.5.2015, p. 1).
Amendment 224 #
2018/0193(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 414 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 1224/2009
Article 19 a – paragraph 1
Article 19 a – paragraph 1
1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 3 days before the estimated time of arrival at port of the information listed iin accordance with the notification paragraph 3 and the flag Member State has not denrangements specified in the authorisation to land within this period of timebilateral agreement.
Amendment 459 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 1224/2009
Article 25 a – paragraph 1
Article 25 a – paragraph 1
1. Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing, the Member States may deploy observers on board vessels fishlying for species subject to the landing obligation and flying their flag established in accordance with paragraph 2,their flag to monitor compliance with the landing obligation. The cost of such deployment shall not be borne by the operators. As an alternative to the deployment of observers, the Member States may, on the same shcall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage. e, require the use of electronic monitoring systems, such as fishing activity sensors or catch-mass estimation sensors, in order to estimate the difference between the weight of the catch and the weight of the products landed or Closed-Circuit Television (CCTV) on a voluntary basis.
Amendment 467 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 1224/2009
Article 25 a – paragraph 3
Article 25 a – paragraph 3
Amendment 529 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55– paragraph 1 – subparagraph 2
Article 55– paragraph 1 – subparagraph 2
Amendment 540 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55– paragraph 2
Article 55– paragraph 2
Amendment 549 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. As regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries, Member States may ensure that natural and legal persons involved in recreational fisheries for such stocks or species record and send catch declarations electronically to the competent authorities on a daily basis or after each fishing trip.
Amendment 551 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The sale of catches from recreational fisheries shall be strictly prohibited.
Amendment 552 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 553 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 4 a (new)
Article 55 – paragraph 4 a (new)
4a. Member States shall monitor, on the basis of a sampling plan, the catches of stocks subject to recovery plans by recreational fisheries practised from vessels flying their flag and from third country vessels in waters under their sovereignty or jurisdiction. Fishing from shore shall not be included.
Amendment 554 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 565 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 5 a (new)
Article 55 – paragraph 5 a (new)
5a. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall evaluate the biological impact of recreational fisheries as referred to in paragraph 4. Where a recreational fishery is found to have a significant impact, the Council may decide, in accordance with the procedure referred to in Article 37 of the Treaty, to submit recreational fisheries as referred to in paragraph 4 to specific management measures such as fishing authorisations and catch declarations.
Amendment 613 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 2
Article 59a – paragraph 2
Amendment 614 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a– paragraph 2 a (new)
Article 59a– paragraph 2 a (new)
2a. By way of derogation from paragraph 1, Member States may permit fisheries products to be weighed on board the fishing vessel subject to a sampling plan as referred to in paragraph 1.
Amendment 615 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 3
Article 59a – paragraph 3
Amendment 616 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 3 a (new)
Article 59a – paragraph 3 a (new)
3a. Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in a Member State shall be responsible for the accuracy of the weighing operation unless, in accordance with paragraph 2, the weighing takes place on board a fishing vessel, in which case it shall be the master’s responsibility
Amendment 618 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 4
Article 59a – paragraph 4
Amendment 619 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 4 a (new)
Article 59a – paragraph 4 a (new)
4a. The figure resulting from the weighing shall be used for the completion of landing declarations, transport document, sales notes and take-over declarations.
Amendment 620 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 4 b (new)
Article 59a – paragraph 4 b (new)
4b. The competent authorities of a Member State may require that any quantity of fisheries products first landed in that Member State is weighed in the presence of officials before being transported elsewhere from the place of landing.
Amendment 622 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Masters shall ensure that all quantities of fishery products are weighed per species on weighing systems and by operators registered pursuant to Article 59a immediately after landingor prior to landing, with a weighing system certified by the competent authority, prior to the fishery products being held in storage, transported or placed on the market.
Amendment 757 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 6
Article 92 – paragraph 6
6. When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel shall be automatically suspended for a period of at least two months. That period shall be four months if the suspension is occurring a second time and the points equals or exceeds 36 points, eight months if the suspension is occurring a third time and the number of points equals or exceeds 54 points and one year if the suspension is occurring a fourth time and the number of points equals or exceeds 72 points. In case the suspension is occurring for a fifth time and the number of points equals or exceeds 90 points, the fishing licence shall be permanently withdrawn and the fishing vessel shall not be used anymore for commercial exploitation of marine biological resources.
Amendment 767 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 9
Article 92 – paragraph 9
9. The coastal State is competent to determine under its national laws whether a serious infringement has been committed in its waters and to decide about the number of points to be assigned in accordance with Annex III, as well as any further action to be taken including restricting applications for EMFF.
Amendment 769 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 12
Article 92 – paragraph 12
12. Member States shall ensure that the application of national proceedings does not render the point system ineffectivecompliments the Union’s point system.
Amendment 74 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II), in particular as regards the following areas:
Amendment 85 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and unpaid trainees;
Amendment 57 #
2018/0064(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Pursuant to Article 3 TEU, the Union is to work for a highly competitive social market economy, aiming at full employment and social progress and promote social justice and protection. In accordance with Article 9 TFEU, the Union, in defining and implementing its policies and activities, is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of an adequate social protection, the fight against social exclusion, and the promotion of a high level of education, training and the protection of human health. The exercise of EU competences is subject to two fundamental principles laid down in Article 5 TEU on proportionality and subsidiarity.
Amendment 61 #
2018/0064(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The proclamation states that the Principles should be implemented at both Union level and Member State level within their respective competences, taking due account of different socio- economic environments and the diversity of national systems, and in accordance with the principles of subsidiarity and proportionality. At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers. The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels.
Amendment 69 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to provide added value at Union level to help strengthen fairness and trust in the Single Market. For the Authority to add value it must respect the competence of Member States labour enforcement mechanisms and compliment their work. 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 iparticularly on cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member Sta, employment and social security matters 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 disruption taking into account the different traditions and structures within member states.
Amendment 87 #
2018/0064(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities to support a better functioning of the single market including in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services that fall within the scope of Union legislation. It should also enhance cooperation between Member States in tackling fraud and undeclared work. In cases where tThe Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, or the employment of illegally staying third- country nationals, it should be able to report them and cooperate on these matters with the Commission should cooperate on these matters with the member states authorities, competent Union bodies, and national authoritiesocial partners where appropriate.
Amendment 101 #
2018/0064(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Authority should help create a competitive and productive Union in which the conditions for mobility are improved as part of a well-functioning Single Market. In this regard, the Authority in its activities should provide reliable, easily accessible, up to date information in all languages for companies, especially SMEs, wishing to provide services across the EU avoiding duplication and reducing the administrative barriers.
Amendment 103 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authority should contribute tosupport Member States in the effective application of existing rights and obligations in the area of cross-border mobility, facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39 , Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41 . It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. It should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44 , Regulation (EC) No 987/2009 of the European Parliament and the Council45 , Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248 . __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 117 #
2018/0064(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In certain instances, sector-specific Union law has been adopted in order to respond to specific needs in that sector, such as the area of international transport. The Authority should also, upon request by the Member States’ authorities, assist in dealing with the cross-border aspects of the application of such sector-specific Union law, in particular Regulation (EC) No 561/2006 of the European Parliament and the Council49 , Directive 2006/22/EC of the European Parliament and the Council50 , Regulation (EC) No 1071/2009 of the European Parliament and the Council51 and Directive (Amending Directive 2006/22/EC – COM(2017)278)52 . __________________ 49 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1). 50 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). 51 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 52 COM(2017)278 – Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.
Amendment 118 #
2018/0064(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons whoAuthority should only act in areas that are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons; this should cover both Union citizens and third-country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members. In all other cases it should support cooperation between Member States where appropriate in areas that fall outside of this scope including working conditions, health and safety and fraud.
Amendment 135 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 142 #
2018/0064(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Authority shall promote the use of existing tools including the EURES portal, which establishes a framework for cooperation to facilitate the exercise of the freedom of movement for workers within the Union in accordance with Article 45 TFEU.
Amendment 146 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 157 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities making information more accessible for citizens, companies and in particular SMEs.
Amendment 165 #
2018/0064(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To here is a need to improve sincerease 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 inspection cooperation among Member States' in order to increase their capacity to tackle breaches of Union law with a cross-border dimension. The Authority should support the national authorities in combating fraud, improving cooperation, sharing best practices and identifying common principles, including by facilitasupporting 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 and in accordance with national law and practice. The Authority should provide strategic, logistical, and technical support to Member States who request it.
Amendment 186 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) TWithout prejudice to the role of the Administrative Commission as set out in Regulation (EC) No 883/2004, the Authority should provide an independent 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 anduse existing 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 administrationswhich have been agreed and developed by the Member States and put in place for this purpose. The Authority should only provide a platform for mediation when disputes between Member States has been reported by a Member States using the standard procedure. 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. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 199 #
2018/0064(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the management of labour market adjustments, the Authority should, upon a request by a Member State facilitate cooperation among relevant stakeholders in order to address labour market disruptions elements falling within the scope of Union law affecting more than one Member State, such as cases of restructuring or major projects impacting employment in border regions.
Amendment 207 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification as well as gender balance. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 222 #
2018/0064(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In the processing of personal data the Authority must ensure that data protection remains a priority. In a time when large, well-protected organisations are vulnerable to cyber-attacks the sharing of data must be strictly regulated.
Amendment 231 #
2018/0064(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to bring an operational dimension to the activities ofsupport cross-border cooperation and the activities of Member States authorities, the European Commission and other existing bodies in the areas of cross-border labour mobility, the Authority should take over the performance of tasks carried out by the Technical Committee on the Free Movement of Workers established pursuant to Regulation (EU) No 492/2011, the Committee of Experts on Posting of Workers set up by Commission Decision 2009/17/EC68 and the European Platform to enhance cooperation in tackling undeclared work set up by Decision (EU) 2016/344 of the European Parliament and the Council69 . With the establishment of the Authority, those bodies should cease to exist. __________________ 68 Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26). 69 Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12).
Amendment 238 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatoryits tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacthe Technical Commission for Data Processing, the function ofConciliation Board, and the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulation. The Authority may participate in their meetings.
Amendment 244 #
2018/0064(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 269 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility that fall within the scope of Union legislation and the coordination of social security systems within the Union.
Amendment 290 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to provide input with added value at Union level in order to contribute to ensuring fair labour mobility in the internal market, while fully respecting national competences and procedures. To this end, the Authority shall:
Amendment 325 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solutionsupport Member States in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 337 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 344 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) facilitate access to up to date information by companies, especially SMEs, wishing to provide services across the EU, avoiding duplication and reducing administrative barriers;
Amendment 352 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) coordinate and support concerted and joint inspections,national authorities in combating fraud, including by supporting the implementation of inspections in accordance with Article 10 of Directive 2014/67/EU and in accordance with Articles 9 and 10;
Amendment 367 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediatewithout prejudice to the role of the Administrative Commission in the application of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, mediate and support national authorities in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;
Amendment 477 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitate the follow-up to reasoned requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases subject to legal clearance;
Amendment 493 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) in line with Article 6 of Directive 2014/67/EC facilitate cross-border enforcement procedures of penalties and fines;
Amendment 516 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Authority shall support upon request of national authorities the work of the Administrative Commission for the Coordination of Social Security Systems with handling financial matters related to social security coordination, in accordance with Article 74 of Regulation (EC) No 883/2004 and Articles 65, 67 and 69 of Regulation (EC) No 987/2009.
Amendment 517 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promoteassist Member States with the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 538 #
2018/0064(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Coordination of concerted and joint inspections
Amendment 540 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspectionsupport the national authorities in the implementation of inspections in accordance with Article 10 of Directive 2014/67/EU and in other the areas that fall under the scope of Union legislation and in respect to the competences of the Member States. The request may be submitted by one or several Member States. The Authority should provide strategic, logistical, and technical support to Member States who request it.
Amendment 562 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted ora joint inspection referred to paragraph 1, it shall inform the Aauthority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authof the requesting Member State(s) and the Authority in writing of the reasons for ities concerneds decision duly in advance.
Amendment 568 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The organisation of a concerted or jJoint inspections shall be subject to the prior agreement of all participating Member States via their National Liaison Officers. In the event that one or more Member States refuse to take part in the concerted or joint inspection, the other national authorities may, where appropriate, only carry out the envisaged concerted or joint inspection in the participating Member States. The Member States that declined to participate in the inspection shall keep information about the envisaged inspection confidential competent national authority.
Amendment 580 #
2018/0064(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Arrangements for concerted and joint inspections
Amendment 582 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 595 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and jJoint inspections and their follow- up shall be carried out in accordance with the national law of the Member States concerned.
Amendment 607 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Authority shall provide logistical and technical support, which mayshall include translation and interpretation services, to Member States carrying out concerted or joint inspections.
Amendment 620 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. SUpon invitation by the national authorities of the participating Member States, 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.
Amendment 628 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. National authorities that carrying out a concerted or joint inspection in cooperation with another Member State 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.
Amendment 644 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
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 irregularitibecomes aware of a breach in the application of Union law, it shall report those breaches to the Commission and authorities in the Member State concerned, where appropriate.
Amendment 668 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Authority shall organise peer reviews in line with Member States competences amongst national authorities and services in order to:
Amendment 671 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Union law within the scope of the Authority’s competences, including in support of the role of the Administrative Commission on Social Security, as well as its enforcement in practice;
Amendment 676 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularlyon a yearly basis analyse statistical data collected, compiled and provided by the Member States and report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses.
Amendment 707 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In interpreting Union law, the Authority shall follow the decisions of the Administrative Commission in the event of disputes between Member States regarding the application orf Regulation (EC) No 883/2004. In the interpretation of Union law in all other areas covered by this Regulation, the Authority may perform a mediation role.
Amendment 765 #
2018/0064(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
At the request of the national authoritiMember States, the Authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one Member State, such as large-scale restructuring events or major projects impacting employment in border regions.
Amendment 779 #
2018/0064(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 788 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 797 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of onea list of senior representatives from each Member State and two representatives of the Commission, all of whom have voting rights. Every Member State and the Commission shall have one vote.
Amendment 827 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablmay be renewed once.
Amendment 853 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The term of office of the Chairperson and the Deputy Chairperson shall be for a minimum period of one year and a maximum period of four years. Their term of office may be renewed once. Where, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.
Amendment 855 #
2018/0064(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Management Board shall hold at least twofour ordinary meetings per year. In addition, it shall meet at the request of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members.
Amendment 919 #
2018/0064(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 922 #
2018/0064(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In addition to the National Liaison Officers, tThe Authority may make use in any areas of its work of other seconded national experts or other staff not employed by the Authority.
Amendment 923 #
2018/0064(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Management Board shall adopt the necessary implementing arrangements for seconded national experts, including National Liaison Officers.
Amendment 927 #
2018/0064(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. No later than five years after the date referred to in Article 51, and every five years thereafter, the Commissionthe Commission's accounting officer shall submit the Authority's accounts to the Court of Auditors, together with a report on the budgetary and financial management. The Court of Auditors shall assess the Authority's performance in relation to its objectives, mandate and tasks. The evaluation shall, in particular, address the possible need to modify the mandate of the Authority, and the financial implications of any such modification, including by further synergies and streamlining with Agencies active in the area of employment and social policy.
Amendment 929 #
2018/0064(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. Every five years thereafter, the Court of Auditors shall assess the Authority's performance in relation to its objectives, mandate and tasks. Based on this evaluation, the Commission together with the Member States shall propose that this Regulation be amended accordingly or repealed.
Amendment 930 #
2018/0064(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where the CommissionFollowing the evaluation referred to in Paragraph 1 and where the Court of Auditors considers that the continuation of the Authority is no longer justified with regard to its assigned objectives, mandate and tasks, it maythe Commission together with the Member States shall propose that this Regulation be amended accordingly or repealed.
Amendment 940 #
Amendment 957 #
Amendment 226 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 I. It should be possible for Member States to lay down conditions for the use of incompatibility clauserestrictions, understood as a restrictions on working for specific categories of employers, may be necessaryother employers, for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 260 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. This obligation does not cover vocational training or training required for workers to obtain, maintain or renew a professional qualification as long as the employer is not required by collective agreement to provide it to the worker.
Amendment 355 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. Member States may provide, on objective grounds, that provisions laid down in Chapter III shall not apply to civil servants, public emergency services, the armed forces, and to police authorities, judges, prosecutors, investigators and other law enforcement services.
Amendment 370 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. The obligations set out in Articles 3(2)(l) and (n),6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.
Amendment 438 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employer, if any;
Amendment 511 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. 1. The information referred to in Article 3(2 a, b, c, d, e, j) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That documentOther information referred to in Article 3(2) shall be provided individually to the worker in the form of a document no later than 7 days after the beginning of the employment relationship. These documents may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 647 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.
Amendment 809 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Paragraph 1 shall not be applied to an employer who does not inform or wrongly informs posted workers about the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State due to lack of or wrongly provided information on the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.
Amendment 139 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
Amendment 146 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 157 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;
Amendment 161 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 - subparagraph 1
Article 7 – paragraph 1 - subparagraph 1
Amendment 184 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 216 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point i
Article 1 – paragraph 1 – point 4 – point a – point i
Regulation (EC) No 1071/2009
Article 6 – paragraph 1– subparagraph 2
Article 6 – paragraph 1– subparagraph 2
Amendment 230 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage;
Amendment 239 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a – point b
Article 6 – paragraph 2 a – point b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;
Amendment 253 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a
Article 10 a
Amendment 266 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Article 14
Amendment 267 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Article 14
Amendment 268 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14
Article 14
Amendment 284 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i
Article 16 – paragraph 2 – point i
Amendment 291 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16– paragraph 2 – subparagraph 2
Article 16– paragraph 2 – subparagraph 2
Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within fivethirty working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.
Amendment 385 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days following the first day from the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 431 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10a
Article 10a
Amendment 441 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Article 14 a
Amendment 442 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Article 14 a
Amendment 443 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a
Article 14 a
Amendment 96 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: “3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.”
Amendment 110 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) four regular weekly rest periods, or
Amendment 113 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 117 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours.
Amendment 119 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
Amendment 146 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threesix consecutive weeks.;
Amendment 100 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, the first subparagraph is replaced by the following: “Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of directive 2002/15/EC should be limited to checks at premises of undertakings.”
Amendment 108 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU) 165/2014 and Directive 2002/15/EC are checked.
Amendment 114 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 125 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform without delay the requesting Member State accordingly within 10 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 169 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 173 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of that Ddirective 96/71/EC], when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009.
Amendment 174 #
2017/0121(COD)
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU)165/2014 and Directive 2002/15/EC are checked.
Amendment 179 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
(3a) in paragraph 1, the first subparagraph is replaced by the following "1. Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of Directive 2002/15/EC shall be limited to checks at the premises of the undertakings." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=PL)
Amendment 189 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 191 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10] cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 204 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall not apply Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of directive 96/71/EC], when performing international carriage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009 in transit through the Union and shall not apply to drivers performing carriage by road with usage of vehicles indicated in Articles 3 and 13(1) of Regulation 561/2006 provided that Member State in question has granted such exemptions.
Amendment 212 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform without delay the requesting Member State accordingly within 10 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 217 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
Amendment 220 #
2017/0121(COD)
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 221 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 225 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 227 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks and provided that it is to be technically feasible, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.;
Amendment 231 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 243 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 244 #
Amendment 275 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of that Directive 96/71/EC], when performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009.
Amendment 291 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the rules on long-term posting referred in Article 1 of the legislative act amending the Directive 96/71/EC.
Amendment 293 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the provisions on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 296 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 c (new)
Article 2 – paragraph 2 – subparagraph 1 c (new)
Member States shall not apply neither this Directive, nor Directive 96/71/EC as amended by ... [2016/0070 (COD)] or Directive 2014/67/EU to transit operations.
Amendment 307 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10]cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 330 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 341 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
Amendment 350 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 362 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 377 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 394 #
Amendment 541 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 588 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The entry into force of this Directive shall repeal any provisions regarding the date of application of this Directive deriving from ... [2016/0070(COD)] amending Directive 96/71/EC.
Amendment 589 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)
Article 4 – paragraph 1 – subparagraph 1 b (new)
The transport sector is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until the entry into force of enforcement requirements laying down specific rules with respect to transport of this Directive.
Amendment 70 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 87 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 99 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.
Amendment 117 #
2016/0397(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to ensure greater parity of treatment for frontier and cross- border workers by ensuring frontier workers receive unemployment benefits from the Member State of last activity provided that they have worked in that Member State for at least the past twelve months.
Amendment 162 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Amendment 237 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 251 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 269 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 361 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three monthsone day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 366 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
Amendment 403 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a
Article 64 a
Amendment 419 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
Article 65 – paragraph 2
Amendment 425 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
Amendment 430 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Paragraphs 2 to3 and 4 of this Article shall not apply to a person who is partially or intermittently unemployed.
Amendment 434 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 65a
Article 65a
22a. Article 65a is deleted.
Amendment 450 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace or grant additional income during periods of child-raising and which are listed in Part 1 of Annex XIII shall be awarded solely to the person subject to the legislation of the competent Member State and there shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Amendment 459 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – introductory wording
Article 76 a – paragraph 1 – introductory wording
1. The Commission shall be empowered to adopt implementing acts to specifying the procedure to be followed in order to ensure uniform conditions for the application, including where appropriate, time limits, to be followed in order to ensure the implementation under uniform conditions of Articles 12 and 13 of this Regulation. Those implementing acts shall establish a standard procedure including time limits for:
Amendment 467 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 - indent 2
Article 76 a – paragraph 1 - indent 2
Amendment 470 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 3
Article 76 a – paragraph 1 – indent 3
– the elements to be verified before the document can be issued, withdrawn or rectified,
Amendment 473 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 4
Article 76 a – paragraph 1 – indent 4
– the withdrawal or rectification of the document wby then its accuracy and validity is contested by the competent institution of the Member State of employmentssuing institution in accordance with Articles 5 and 19a of the implementing Regulation.
Amendment 530 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 2530 working days from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institution shall withdraw or rectify the document immediately and with retroactive effect.
Amendment 548 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 569 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Regulation (EC) No 987/2009
Article 14 – paragraph 5a
Article 14 – paragraph 5a
5a. For the purpose of the application of Title II of the basic Regulation, ‘registered office or place of business’ shall refer to the registered office or place of business where the essential decisions of the undertaking are adopted and where the functions of its central administration are carried out, provided the undertaking perf. In determining the location of the registered office or place of business, a series of factorms a substantial activity in that Member State. Otherwise, it shall be deemed to be situated in the Member State where the centre of interest of activities of the undertaking determined in accordance with the criteria laid down in paragraphs 9 and 10 is located.shall be taken into account, including: (a) the place of residence of the main directors; (b) the places where general meetings are held; (iii) the place where administrative and accounting documents are kept; (iv) the place where financial and particularly banking transactions mainly take place; (v) the habitual nature of the activity pursued. The determination shall be carried out in the framework of an overall assessment, giving due weight to each of the criteria mentioned above. The Administrative Commission shall laydown the detailed arrangements for the determination.
Amendment 590 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
Regulation (EC) No 987/2009
Article 19 a (new)
Article 19 a (new)
Amendment 639 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
21. In paragraph 7 of Article 55, the term “Article 65a(3)” is replaced by “Article 64a and Article 65a(3)”Article 55, paragraph 7 is deleted.
Amendment 642 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55 a
Article 55 a
Amendment 49 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 1
Article 266 – paragraph 1 – point 1
Regulation (EU) No 1304/2014
Article 13 – paragraph 2 – new subparagraph
Article 13 – paragraph 2 – new subparagraph
Where operations falling under point (a) of the first subparagraph also have a benefit for the programme area in which they are implemented, expenditure shall be allocated to these programme areas on a pro rata basis based on objective criteria other than the budget allocation to the programme areas.
Amendment 81 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. A representative of Cedefop and a representative of Eurofound shall have observer status at the meetings of the Management Board in order to enhance the efficiency of the three tripartite agencies and synergies between them, and to avoid overlaps in their activities.
Amendment 246 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complybe a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
Amendment 272 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 288 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 298 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 302 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 333 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring three years following the publication of this Regulation in the Official Journal of the European Union].
Amendment 338 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 344 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,
Amendment 357 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 359 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 377 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and other substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 395 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 402 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 416 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Amendment 434 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg;
Amendment 440 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 4 a (new)
4a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 442 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 464 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form.
Amendment 480 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 488 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Amendment 499 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Amendment 512 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1290 mg/kg dry matter,
Amendment 522 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 524 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
Amendment 526 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
Amendment 527 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 4
- 53% by mass of total magnesium oxide (MgO),
Amendment 528 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 5
- 128% by mass of total calcium oxide (CaO),
Amendment 531 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 533 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
Amendment 537 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and may contain one of or more secondary nutrients in the minimum quantity stated:
Amendment 546 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than one primary nutrient.
Amendment 548 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the following declared primary nutrients in the minimum quantity stated:
Amendment 551 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and may contain one or more secondary nutrients in the minimum quantity stated:
Amendment 557 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the following declared primary nutrients in the minimum quantities stated:
Amendment 560 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
Amendment 562 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 564 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
Amendment 566 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and may contain of or more secondary nutrients in the minimum quantity stated:
Amendment 582 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and substances obtained from them, but excluding other materials which is fossilized or embedded in geological formations.
Amendment 590 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a a (new)
(aa) Clostridium botolinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 591 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(ba) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 609 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
Annex I – part 2 – PFC 4 – paragraph 3 a (new)
3a. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 611 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Amendment 648 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 6 (A) – paragraph 12
Annex I – part 2 – PFC 6 (A) – paragraph 12
Amendment 731 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) and/or urea (CH4N2O).
Amendment 732 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 9 – paragraph 3
Annex II – part 2 – CMC 9 – paragraph 3
3. The polymers shall not contain a maximum of 600 ppm free formaldehyde.
Amendment 740 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
Annex II – part 2 – CMC 10 – paragraph 2 – introductory part
2. As of [Publications office, please insert the date occurring threfive years after the date of application of this Regulation], the following criterion shall berequirements shall apply: (a) a standard for the biodegradability by setting a timeframe in which at least 90% of the organic carbon is converted into CO2, after the claimed release time of the polymer has been fulfilled, and (b) a biodegradability test that complieds with the following criterion: Tthe polymer ishall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 24 months, in a biodegradability test as specified points (a)-(c) below.
Amendment 746 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Annex II – part 2 – CMC 10 – paragraph 2 – point a
Amendment 751 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Annex II – part 2 – CMC 10 – paragraph 2 – point b
Amendment 757 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Annex II – part 2 – CMC 10 – paragraph 2 – point c
Amendment 762 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Annex II – part 2 – CMC 10 – paragraph 2 – point d
Amendment 781 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) and/or urea nitrogen (CH4N2O).
Amendment 785 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
Amendment 819 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(B) – table
Annex III – part 3 – PFC 1(B) – table
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25- 50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5 percentage points in maximum of -2 and +4 percentage maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
Amendment 823 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – table
Annex III – part 3 – PFC 1(C) (I) – table
Permissible tolerance for the declared content of forms of macronutrient N P2O5 K2O MgO CaO SO3 Na2O ± 25% of the declared content of ± 25-50% and +100% of the declared content of ± 25% of the declared the nutrient forms present up to a content of those nutrients up to a maximum content up to a maximum of 2 percentage point of 1,5maximum of -2 and +4 percentage points in maximum of 0,9 in absolute terms for each points in absolute terms. percentage points in nutrient separately and for the absolute terms absolute terms sum of nutrients The above tolerance values apply also for the N-forms and for the solubilities.
Amendment 827 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Annex III – part 3 – PFC 1(C) (I) – paragraph 1
Granulometry: ± 120 % relative deviation applicable to the declared percentage of material passing a specific sieve
Amendment 830 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Annex III – part 3 – PFC 1(C) (I) – paragraph 2
Quantity: ± 53 % relative deviation of the declared value
Amendment 833 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Annex IV – part 2 – Module A – paragraph 2.2 – point b
Amendment 837 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Amendment 843 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least every 36 months on behalf of the manufacturer, in order to verify conformity with
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 71 #
2016/0070(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 72 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 82 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 121 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 132 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 133 #
2016/0070(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 134 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”
Amendment 141 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within a one month reference period.”
Amendment 142 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
(-1a) in Article 1, the following paragraph is added: “4a. Undertakings established in a non- member State must not be given more favourable treatment than undertakings established in a Member State."
Amendment 146 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 155 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of th it would be pmosting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 178 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 193 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 200 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c). If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 201 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)., their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."
Amendment 210 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 214 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
Article 3 – paragraph 1 a a (new)
Amendment 229 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 260 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
Amendment 263 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
(–1) In Article 1, the following paragraph 2b is added: 2b. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within one month reference period.
Amendment 279 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 366 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c
Article 3 – pragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 400 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 428 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).
Amendment 438 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 452 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – pragraph 1 a
Article 3 – pragraph 1 a
Amendment 468 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
Article 3 – paragraph 1 a a (new)
(ba) The following paragraph is added: 1aa. When the effective duration of posting exceeds 24 months, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: – by law, regulation or administrative provision, and/or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a); (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of six months or less. For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 469 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
Article 3 – paragraph 1 a b (new)
(ba) The following paragraph is added: 1ab. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 5 #
2015/2349(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas SMEs play a special role in job creation in the transport sector, particularly in road transport, and whereas they are in a weaker position in terms of access to finance for essential investments, including loans and support from European funds;
Amendment 35 #
2015/2349(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the opportunities of the collaborative economy and the Digital Single Market for job creation and more inclusive growth within small transport businesses; stresses, however, that the collaborative economy must not lead to an avoidance of tax and social contributions, nor to non-compliance with employment and social legislation; stresses the need for a legal definition which clearly sets out the responsibilities in terms of rights and obligations in the area of employment and social security of workers employed by operators in the collaborative economy;
Amendment 47 #
2015/2349(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns all attempts by certain Member States to unilaterally restrict, in a manner incompatible with the Treaty, the freedom of small and medium-sized transport companies to provide cross- border services by using rules on minimum pay; points out that it is natural for Member States to have different levels of economic development, and that those differences should only be reduced gradually, without infringing the freedom to provide services;
Amendment 54 #
2015/2349(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned about the rise of precarious employment, bogus self- employment, and undeclared work and social dumping; calls on the Member States to guarantee fair competition and ensure decent working conditions and the highest possible level of social protection for all workers;
Amendment 68 #
2015/2349(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the misuse of subcontracting in the transport sector to circumvent working and employment standards; calls on the Commission andto monitor such misuse and calls on the Member States to introduce and strstrengtheng then laws on joint and several liability rules and control mechanisms relating to the social responsibility of employers;
Amendment 80 #
2015/2349(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the development of new working time models that enable workers to improve their work-life balancbetter reconcile their work, private life and family life; stresses, however, the importance of monitoring compliance with mandatory driving and resting times as well as working hours;
Amendment 82 #
2015/2349(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the particular importance of SMEs operating in the transport sector in small towns, hard-to-access regions and on the outskirts of large urban areas in providing transport for people commuting to work or travelling to school, particularly where the public transport system does not function properly; notes that these undertakings fill a gap in this area which exists in many central and eastern European Member States;
Amendment 83 #
2015/2349(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes the positive impact of the emergence of new collaborative economy business models in the transport sector on the increase in employment among young people, particularly those seeking casual work and flexible forms of employment allowing them to combine work with study;
Amendment 86 #
2015/2349(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of 21st century skills, particularly digital skills, and calls on the social partners and on education and training institutions to develop related skills strategies for small transport businesses.
Amendment 87 #
2015/2349(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the transport sector comprises not only direct transport service providers but also SMEs offering services such as vehicle servicing, the sale of spare parts, the training of vehicle drivers and operators and the rental of vehicles, which have enormous potential for creating jobs, including for highly qualified people; stresses that the needs of these undertakings and companies must also be taken into account in designing solutions for the entire transport sector;
Amendment 8 #
2015/2258(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the CRPD is the first international human rights treaty ratified by the EU, which has also been signed by all 28 EU Member States and ratified by 25 Member States excluding Finland, Ireland and the Netherlands;
Amendment 10 #
2015/2258(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 14 #
2015/2258(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas children with disabilities have the rights to live in (their) families or family environment in line with their best interest;
Amendment 15 #
2015/2258(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas children with disabilities are 17 times more likely to live in an institution than their peers without disabilities, where their risk of violence, neglect and abuse is much higher than when living at home;1a __________________ 1aFRA Report: Violence against children with disabilities: legislation, policies and programmes in the EU, http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-violence-against- children-with-disabilities_en.pdf
Amendment 18 #
2015/2258(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas disability is a cause and consequence of poverty and approximately 30% of the homeless population have a disability and are at risk to be overlooked;1a __________________ 1aVan Straaten et al (2015). Self-reported care needs of Dutch homeless people with and without a suspected intellectual disability: a 1.5-year follow-up study, In: Health Soc Care Community 2015 Oct 1. Epub 2015 Oct 1.
Amendment 19 #
2015/2258(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas an estimated 80% of persons with disabilities live in developing countries;1a __________________ 1a World Report on Disability, 2011.
Amendment 20 #
2015/2258(INI)
Motion for a resolution
Recital F f (new)
Recital F f (new)
Ff. whereas the EU supports the promotion of the rights of persons with disabilities at the international level, and is the world’s biggest donor of Official Development Assistance (ODA);
Amendment 25 #
2015/2258(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas disability can be caused by a gradual and sometimes invisible degradation of the state of health of an individual, as is the case for people with neurodegenerative or rare diseases; 2Or. en
Amendment 28 #
2015/2258(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the EU, as a party to the CRPD, has the duty to ensure the close involvement and active participation of persons with disabilities and their representative organisations in the development and implementation of legislation and policies to implement the Convention and in all decision making processes concerning issues that relate to persons with disabilities;
Amendment 42 #
2015/2258(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and funding programmes, including future programming periods, with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’);
Amendment 49 #
2015/2258(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission to proposevide a list of legislation with a view to proposing an update of the declaration of competence in light of the Concluding Observations, to be repeated periodically with the formal involvement of disability organisations and the European Parliament;
Amendment 53 #
2015/2258(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to set up a structured dialogue with disabilityconsolidate and make a proposal for a structured dialogue between the EU and disability organisations including appropriate funding to ensure full and equal participation by persons with disabilities and their representative organisations;
Amendment 58 #
2015/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to use the review of the European Disability Strategy and to develop a comprehensive EU CRPD strategy with a clear implementation timeframe, benchmarks and indicators;
Amendment 77 #
2015/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European institutions and Member States to ensure that boys and girls with disabilities and their representative organisations be consulted in all matters affecting them – with appropriate assistance provided, according to their disability and age;
Amendment 91 #
2015/2258(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and the Commission to work with Parliament to deliver a strongclear and effective directive on the accessibility of public sector bodies’ websites, with a broad scope and a robust enforcement mechanism in line with the proposed European Accessibility Act;
Amendment 94 #
2015/2258(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the lack of accessibility of the EU-wide 112 emergency number, which is at national level and when roaming, causing unnecessary deaths and injuries; highlights the need for implementing measures at national level ensuring inter alia compatibility across Member States, including accessible national emergency points;
Amendment 109 #
2015/2258(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the Employment Eq2uality Directive does not explicitly make the denial of reasonable accommodation for persons with disabilities a form of discrimination; asks the Commission to provide a state of play on the kinds of complaints received;
Amendment 127 #
2015/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that the European Structural and Investment Funds are being misused to foster institutionalisation, and calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations and recommends to suspend, withdraw and recover payments from Member States if the obligation to respect fundamental rights is breached;
Amendment 136 #
2015/2258(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the ex-ante conditionalities on social inclusion and its investment priority on the ‘transition from institutional to community based services’ in Regulation 1303/2013 on the European Structural and Investment Funds (ESIF); calls on the Member States to use the funds for deinstitutionalisation and as a tool to implement the CRPD;
Amendment 151 #
2015/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of human rights-based indicators and calls on the Member States to provide comparable disaggregated disability data;
Amendment 160 #
2015/2258(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commissionbudget authorities to allocate adequate resources to enable the EU Framework to perform its functions independently;
Amendment 164 #
2015/2258(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that the CRPD network needs to be strengthened to appropriately coordinate CRPD implementation internally but also interinstitutionally, while actively involving and closely consulting with persons with disabilities and their representative organisations in its activities and meetings;
Amendment 166 #
2015/2258(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the institutions to review allensure existing staff regulations, internal rules and implementing provisions for CRPD compatibility are fully implemented in line with the CRPD and internal rules and implementing provisions are developed fully applying CRPD provisions, as part of an open and disability-inclusive process, in order to address the Concluding Observations;
Amendment 168 #
2015/2258(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the provision of adequate needs-based and CRPD-compatible reasonable accommodation for persons with disabilities – or with dependent family members with disabilities – who are in the service of the European institutions, paying particular attention to the needs of disabled parents;
Amendment 180 #
2015/2258(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Urges the EU institutions to make their internet-based content and apps, including their intranets and all documents and audiovisual content, accessible while equally ensuring physical accessibility of their buildings;
Amendment 183 #
2015/2258(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for the EU to revise the rules of the Joint Sickness Insurance Scheme, the pension system and disability-related social security and social protection measures in order to ensure non- discrimination and equality of opportunities for persons with disabilities, inter alia by recognising disability-related health needs as being distinct from an illness;
Amendment 68 #
2015/2255(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumping,right to take collective action against possible social dumping without undermining the freedom to provide services as enshrined in the Treaties; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 81 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is no clear, universally accepted definition of social dumping;
Amendment 122 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the setting of wages is a Member State competence;
Amendment 131 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas according to Directive 96/71/EC Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 June 2016;
Amendment 294 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 309 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that the freedom to provide services is central to the proper functioning of the single market; recognises at the same time that safeguards against unfair competition and protections for vulnerable workers are necessary and support the functioning of the single market; stresses however, that such safeguards must be proportionate and respect the principle of subsidiarity;
Amendment 604 #
2015/2255(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the Five Presidents' Report which recognises in the context of the convergence process that there is no "one-size-fits-all" template;
Amendment 613 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. RecallNotes the Commission's commitmentintention to proposinge a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework by increasing the use of benchmarking and best practice;
Amendment 9 #
2015/2116(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 16 #
2015/2116(INI)
Motion for a resolution
Citation 29
Citation 29
Amendment 27 #
2015/2116(INI)
Motion for a resolution
Recital F
Recital F
F. whereas evidence collected byF. Stresses that the existing studies of the European Union Agency for Fundamental Rights (FRA) shows thaton racism, and xenophobia and related forms of intolerance are widespread, despite measures taken by governments and civil society across the EU, and whereas the social and political climate is growing ever more tolerant of extremist, racist and xenophobic agendas that exploit fears about youth unemployment and security in the face of terrorraise serious concerns regarding methodology; points to the need to carry out new and honest studies in thism and other geopolitical challengesrea;
Amendment 61 #
2015/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Council to break the deadlock and speed up the adoption of the horizontal anti-discrimination directive proposed by the Commission in 2008take account of the need to protect the principle of freedom of contract, a fundamental principle of European private law which guarantees an appropriate framework for the freedom of enterprise, in discussions on anti-discrimination solutions;
Amendment 90 #
2015/2116(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the general exception in Article 2(5) is broadly drafted, and hopes, therefore, that the courts of justice will assess its boundaries very carefullin line with the principle of proportionality;
Amendment 203 #
2015/2116(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that the provisions of the Employment Equality Directive on discrimination on grounds of sexual orientation could be easily abused through the bringing of unfounded claims;
Amendment 207 #
2015/2116(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 225 #
2015/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CRecalls onthat the Member States to adopt clear definitions of ‘family members’ for LGBTI families and to review laws and practices with a view to preventing discrimination of intersex peoplehave exclusive competence in shaping and adopting family law policies;
Amendment 244 #
2015/2116(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that refusal to employ on grounds of lack of necessary qualifications to exercise certain professions does not constitute discrimination in any sense of the word;
Amendment 283 #
2015/2116(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers it necessary that adequate training is provided for employees of national, regional and local authorities and law enforcement bodies; believes that training for judges, prosecutors, lawyers and police force on non-discrimination legislation in employment and case-law is of critical importance, along with training on cultural understanding and unconscious bias provided by organisations representing the most discriminated groups;
Amendment 295 #
2015/2116(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Call for human rights and civic education that fosters awareness and acceptance of diversity, and that seeks to create an inclusive environment by encouraging the redefinition of norms and the removal of insulting labels;