151 Amendments of Alex MAYER
Amendment 17 #
2018/0106(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153, 154, 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 20 #
2018/0106(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to initiative report of the European Parliament on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies,
Amendment 30 #
2018/0106(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to the protection afforded to employees when reporting on breaches of Union employment law. In particular, in the area of occupational safety and health, Article 11 of Framework Directive 89/391/EEC already requires Member States to ensure that workers or workers' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and/or to remove sources of danger. Workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health but does not foresee the right to report breaches.
Amendment 34 #
2018/0106(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform or performed services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, contractor or subcontractor or where the employee-like relationship is solely bound to directives, which are types of relationships where standard protections against unfair treatment are often difficult to apply. __________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 38 #
2018/0106(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Whistleblowers should be protected also when they disclose information to the public, including through the media, as insufficient whistleblower protection would affect individuals’ freedom of expression as well as the public’s right to access information and media freedom.
Amendment 39 #
2018/0106(COD)
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33b) In order to facilitate public disclosures and establish an open culture of reporting in line with the Council of Europe Recommendation CM/Rec (2014) 7 on the protection of whistleblowers, the conditions for public disclosures should be sufficiently flexible, allowing the media to fulfil its democratic role as vector of freedom of expression and information.
Amendment 70 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of the individual protection of persons reporting breaches of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 73 #
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) as regards the following areas:
Amendment 76 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)
Article 1 – paragraph 1 – point a – point x a (new)
(xa) social rights, individual and collective workers' rights as well as the rights of their representatives;
Amendment 81 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) persons having or having had the status of a worker or an employee-like employment relationship, with the meaning of Article 45 TFEU;
Amendment 86 #
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 87 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) any person facilitating the report on possible breaches;
Amendment 88 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) family members of the reporting person;
Amendment 89 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d c (new)
Article 2 – paragraph 1 – point d c (new)
(dc) any person presenting new information on the breach.
Amendment 92 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means any actual or potential unethical or dishonest misconduct or actual or potential unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 97 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘work-related context’ means current or past work activities regardless of the employment status or business relationship in the public or private sector through which, irrespective of their nature, persons may acquire information on breaches and within which these persons may suffer retaliation if they report them.
Amendment 98 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;
Amendment 103 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons. Workers and their representatives shall be consulted on proposals to set up respective channels and procedures.
Amendment 105 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Such channels must guarantee the anonymity of the reporting person as well as their personal information.
Amendment 107 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) municipalities with more than 10 000 inhabitants;
Amendment 119 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. It shall be ensured that a worker considering making a report is protected to discuss, be accompanied and represented by his/her trade union, including throughout the internal process.
Amendment 128 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person while protecting her or his anonymity;
Amendment 138 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls withthat the information reported falls within the scope of this Directive. The protection covers whatever reporting channel was used; the individual circumstances of each case will determine the scope of this Directivemost appropriate channel.
Amendment 143 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. A person reporting externally shall qualify for protection under this Directive where one of the following conditions is fulfilledn raising concerns about matters under national law implementing union law in particular when he or she was entitled to report directly to a competent authority by virtue of Union law :
Amendment 147 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the use of internal reporting channels wasould not mandatory for the reporting person, in accordance with Article 4(2)have achieved the same results;
Amendment 149 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) he or she could not reasonably be expected to use internal reporting channels in light of the subject- matter of the report;
Amendment 151 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
(e) he or she had reasonable grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities;
Amendment 153 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f
Article 13 – paragraph 2 – point f
Amendment 155 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point f a (new)
Article 13 – paragraph 2 – point f a (new)
(fa) he or she has reasonable grounds to believe that the information reported was true at the time of reporting.
Amendment 159 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where one of the following conditions applies:
Amendment 162 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) where the public has an overriding interest in being informed directly.
Amendment 166 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) transfer or restriction of duties, change of location of place of work, reduction in wages, change in working hour and allowances, change or reduction in working hours and working time arrangements;
Amendment 167 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) withholding of training and vocational training;
Amendment 170 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point h a (new)
Article 14 – paragraph 1 – point h a (new)
(ha) mandatory psychiatric or medical referrals;
Amendment 171 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
(i) failure to convert a temporary or non-standard employment contract into a permanent one;
Amendment 174 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
(na) actual, threatened or attempted retaliatory actions;
Amendment 176 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
(nb) obstruction or cancellation of retirement benefits.
Amendment 190 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.
Amendment 192 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In judicial proceedings relating to a detriment suffered by the reporting person, and subject to him or her providing reasonable grounds to believe that the detriment was in retaliation for having made the report or disclosure, it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report but was exclusively based on duly justified grounds.
Amendment 193 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. In addition to the exemption from measures, procedures and remedies provided for in Directive (EU) 2016/943, in judicial proceedings, including for defamation, breach of copyright, breach of secrecy or for compensation requests based on private, public, or on collective labour law, reporting persons shall have the right to rely on having made a report or disclosure in accordance with this Directive to seek dismissal of proceedings.
Amendment 194 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8a. Reporting persons shall have access to psychological support.
Amendment 201 #
2018/0106(COD)
Proposal for a directive
Article 19
Article 19
Member States mayshall introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive and shall establish reporting systems on national provisions, without prejudice to Article 16 and Article 17(2).
Amendment 202 #
2018/0106(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 53 #
2018/0076(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Whenever a currency conversion is offered by the payment service provider of the payer for a credit transfer as defined in Regulation (EU) No 260/2012, the payment service provider must disclose, immediately prior to the initiation of the transaction, the estimated total costs of any transaction fee and the charge in the exchange rate, using the reference rate from the ECB to calculate that charge. The payment service provider must also provide the estimated amount to be received by the payee’s account servicing payment service provider before their fees are deducted.
Amendment 74 #
2018/0076(COD)
Currency conversion charges where the provider is the payment service provider of the payer
Amendment 81 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
1. From [OP please insert date 369 months after the entry into force of this Regulation], payment service providers shall inform payment service users of the estimated full cost of currency conversion services, and where applicable, those of alternativeredit transfer currency conversion services prior to the initiation of a paymentthe transaction, in order that payment service users can compare alternative currency conversion options and their corresponding costs. To that effect, payment service providers shall disclose the extotal amount of all chanrge rates applied, the foreign exchange reference rate used and the total amount of all chargecable to the conversion of the payment transaction in both the currency of the payer and of the payee including any transaction fee and the charge levied in the difference between the exchange rate used for converting the payment transaction and the latest available reference exchange rate of the ECB, as applicabled to the conversion of the payment transactiontransaction amount. The payment service provider should also estimate to the payer the total amount to be received by the payee after the payment service providers chargers have been levied, without any receiving fees.
Amendment 31 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatore requirements for engagement in the occupation of road transport operator should apply equally.
Amendment 36 #
2017/0123(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2.7 to 5.2 billion in 2020-2035.
Amendment 54 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary for the proper functioning of the European road haulage market to tackle letterbox companies. Decisive action is necessary in this context, to put an end to this practice, including enhanced cooperation, joint controls, the setting of targets and exchange of best practice between Member States.
Amendment 55 #
2017/0123(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The road transport sector is currently faced with a shortage of professional drivers, particularly among young people and women. It is imperative that additional action is taken to make it easier and more attractive for young people and women to access the market, while also retaining those currently employed in the sector. To this end, fraudulent work and precarious work must be reduced, by efforts made to combat the abuse of fixed-term contracts, traineeship status used to replace regular work contracts and bogus self- employment.
Amendment 58 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 67 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a sufficient, minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 72 #
2017/0123(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblecontinually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.
Amendment 77 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple, fair and easy to enforce, while broadly maintaining the level of liberaleading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation achieved so fars are applied at the commencement of cabotage operations.
Amendment 87 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and iIn order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. In order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of daysamount of time available for such operations in that Member State should be reduced.
Amendment 98 #
2017/0123(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
Amendment 107 #
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
(i) point (a) is deletedreplaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes;
Amendment 115 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 125 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(2) in Article 3, paragraph 2 is deleted; replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.
Amendment 126 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point (a)
Article 5 – point (a)
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking, in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 133 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage theeffectively and regularly, a substantial part of transport operations carried out withusing the vehicles referred to in point (b) within the Member State of establishment and provide parking spaces proportionate to the size of the fleet of the vehicles and the appropriate technical equipment situated in that Member State;;
Amendment 136 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and employ staff proportionate to the activityies of the establishmentundertaking;
Amendment 143 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) The following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.
Amendment 152 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)
Article 6 – point b – point xii a (new)
(xiia) cabotage
Amendment 163 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used. In addition, undertakings shall demonstrate that they have at their disposal an amount proportionate to one month's wage per mobile worker at the level of the country where they habitually carry out their activity;
Amendment 167 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1071/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 168 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(8) in Article 12(2), the second subparagraph is deleted;replaced by following; 'Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3'
Amendment 179 #
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 h
Article 16 – paragraph 2 – point h
(h) the number of employees, their names, nationality, country of residence, Member State of social contribution and social insurance number;
Amendment 187 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2
Article 16 – Paragraph 2
(ia) the following point (ca) is added: ' (ca) the names and all relevant information of the road transport undertakings previously managed by the transport managers; '
Amendment 190 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';
Amendment 192 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a b (new)
Article 1 – paragraph 1 – point 11 – point a b (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2 – point c
Article 16 – Paragraph 2 – point c
(ab) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions asrequirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1071)
Amendment 198 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WIn relation to paragraphs 1 and 2, where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within tenfive working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 200 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-fivefifteen working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;
Amendment 205 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 211 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 216 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1072/2009
Article 3
Article 3
Amendment 229 #
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 Stateto or from a haulier's Member State of establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract;
Amendment 241 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – Paragraph 4
Article 8 – Paragraph 4
Amendment 242 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle, and presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (the eCMR).* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide theadditional evidence referred to in paragraph 3.
Amendment 248 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 8 a (new)
Article 8 a (new)
(5a) the following Article 8a is added: ' Electronic Notification Road transport undertakings shall, by way of an electronic notification or in writing ahead of each cabotage operation performed, ensure that the competent authorities of all Member States are duly informed of the cabotage operation and relevant information necessary in order to allow for effective control of cabotage operations, at the latest at the commencement. This notification shall be made in one of the official languages of the host member state, or into another acceptable language, and shall include the following information: (i) the name of the consignor; (ii) the estimated duration of the operation; (iii) the driver's name, his country of residence, his country of social contributions and social insurance number; '
Amendment 252 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 259 #
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 – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 26 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 38 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 262 #
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 – paragraph 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may be performed in conjunction with checks carried out in accordance with Directive 2006/22/EC of the European Parliament and of the Council. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.
Amendment 269 #
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 – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for effective and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.
Amendment 120 #
2016/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends Serbia’s constructive approach in dealing with the migration crisis; takes positive note of the fact that Serbia has made substantial efforts to ensure that third country nationals receive shelter and humanitarian supplies with EU and international support; stresses that Serbia should adopt and implement the new asylum law; calls on the Commission and the Council to provide continued support for Serbia in addressing migration challenges; encourages Serbia to ensure that the downward trend in the number of asylum seekers coming into the EU from Serbia continues; calls on Serbia to ensure unaccompanied and separated minors are identified and protected;
Amendment 204 #
2016/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the legislative and institutional framework for observance of international human rights law is in place; stresses that consistent implementation across the whole country is needed; notes that further sustained efforts are needed to improve the situation of persons belonging to vulnerable groups, including persons with disabilities, persons with HIV/AIDS and LGBTI persons, migrants and asylum- seekers, and ethnic minorities;
Amendment 271 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that Serbia remains constructively committed to bilateral relations with other enlargement countries and neighbouring EU Member States; has taken positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); urges the authorities to continue working on the issue of the fate of missing persons, including through systematic excavations and investigations at sites suspected to contain mortal remains and by empowering witnesses to come forward;
Amendment 44 #
2016/2270(INI)
Motion for a resolution
Recital D
Recital D
D. whereas 120, according to the European Commission 1a , 119 million people in the European Union – some 25% of the total population – are at risk of poverty and social exclusion; whereas this fact is accompanied by persistently high unemployment rates; even though numbers are declining, there are still 1,7 million people above the 2008 level; whereas the EU is far from reaching the EU2020 target on poverty and social exclusion since the level remain above the Europe 2020 target by around 21,6 million people; whereas available data suggest that certain groups, such as children, women, unemployed, single-parent households, or persons with disabilities, are especially vulnerable to poverty, deprivation and social exclusion; __________________ 1a COM 2017 90 (final) 2017 European Semester: Assessment of progress on structural reforms, prevention and correction of macroeconomic imbalances, and results of in-depth reviews under Regulation (EU) No 1176/2011
Amendment 156 #
2016/2270(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Considers that, social protection, including pensions and services such as healthcare, child care and long-term care, remain essential for balanced and inclusive growth, to contribute to a longer working-life, to create employment and to reduce inequalities; calls therefore on the Commission and the Member States to boost policies which guarantee sufficiency, adequacy, efficiency as well as quality of social protection systems throughout all the life cycle of a person, guaranteeing a decent life, fighting inequalities and boosting inclusion with the aim to eradicate poverty, especially for those excluded from the labour market and the most vulnerable groups;
Amendment 291 #
2016/2270(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that quality job creation should be a priority for the European Union as a first step towards reducing poverty and social exclusion;
Amendment 22 #
2016/2221(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 24 #
2016/2221(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
– having regard to the Directive on Temporary Agency Work (2008/104/EC),
Amendment 25 #
2016/2221(INI)
Motion for a resolution
Citation 13 c (new)
Citation 13 c (new)
– having regard to the targeted revision of the Posting of Workers Directive (1996/71/EC) and the Enforcement Directive (2014/67/EC),
Amendment 26 #
2016/2221(INI)
Motion for a resolution
Citation 13 d (new)
Citation 13 d (new)
– having regard to the report on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (COM(2014)0221 – C7-0144/2014 – 2014/0124(COD)),
Amendment 27 #
2016/2221(INI)
Motion for a resolution
Citation 13 e (new)
Citation 13 e (new)
– having regard to EESC opinion: The changing nature of employment relationships and its impact on maintaining a living wage1a, __________________ 1ahttp://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.C_.201 6.303.01.0054.01.ENG&toc=OJ:C:2016:3 03:TOC
Amendment 28 #
2016/2221(INI)
Motion for a resolution
Citation 13 f (new)
Citation 13 f (new)
– having regard to ILO “Employment Relationship Recommendation, 2006 (No. 198)” to determine the existence of an employment relationship:”,
Amendment 29 #
2016/2221(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas there is no common definition of precarious employment so far;
Amendment 30 #
2016/2221(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
Amendment 42 #
2016/2221(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas some sectors such as agriculture, construction and art are disproportionately affected by precarious employment; whereas precarious employment has also spread to other sectors in recent years such as the aviation and hotel industry;
Amendment 80 #
2016/2221(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas precarious work leads to market segmentation and exacerbates wages inequalities;
Amendment 82 #
2016/2221(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas atypical employment doesn’t necessarily have a positive effect on work-life balance due to wages and working time’s irregularity; whereas atypical employment has long term consequences on pensions;
Amendment 83 #
2016/2221(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Amendment 87 #
2016/2221(INI)
Motion for a resolution
Subheading 1
Subheading 1
I. Towards a definition of decent workprecarious employment
Amendment 96 #
2016/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands standard employment to mean full-time, regular employment on the basis of open-ended contracts in a subordinate employment relationship, and non- standard or atypical forms of employment to include, i.a., marginal or involuntary part-time work, temporary agency work, fixed-term contract work, zero-hour contracts, unpaid internships that are not part of an education programme, and informal or undeclared work;
Amendment 116 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Understands precarious workemployment to mean, as a minimum definition, a non- standard, atypical form of employment having any of the following characteristics:
Amendment 122 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
- little or no job security owing to the non-permanent nature of the work, as in some fixed-term contracts, involuntary and often marginal part-time contracts, contracts containing poor conditions, unwritten contracts, unclear working hours, and duties that change owing to work on demandor owing to the lack of sufficient social protection in case of dismissal;
Amendment 132 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- low remuneration, which may even be unofficial or unclearnot contractually agreed; or no remuneration in the case of unpaid internships and traineeships;
Amendment 149 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
- limited or no prospects for advancement in the labour market with regards to skills development;
Amendment 208 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection for workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without fear; is concerned that the right of association of platform workers could be undermined if they are regarded as self- employed as collective bargaining could be regarded as forming a cartel, which could put them in conflict with EU rules on anti-competitive practices; underlines in this context the need to adjust European and national competition law accordingly;
Amendment 240 #
2016/2221(INI)
Motion for a resolution
Subheading 2
Subheading 2
II. ProposalsAdjusting policies to new forms of employment
Amendment 241 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter; calls in particular on Member States to ban forms of on-demand employment that do not allow for decent living such as zero-hours contracts;
Amendment 257 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States to take into account the gender perspective on precarious employment;
Amendment 260 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the Commission to assess new forms of employment driven by digitalisation, calls especially for an assessment of the legal status of labour market intermediaries and online platforms and of their liability; calls on the Commission to revise the Written Statement Directive to take into account new forms of employment;
Amendment 261 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that boundaries for employment relationships are blurred, calls on the Member States to take into account the following ILO indicators to determine the existence of an employment relationship: – the work is carried out according to the instructions and under the control of another party; – it involves the integration of the worker in the organization of the enterprise; – it is performed solely or mainly for the benefit of another person; – it must be carried out personally by the worker; – it is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; – it is of a particular duration and has a certain continuity; – it requires the worker’s availability; or involves the provision of tools, materials and machinery by the party requesting the work; – a periodic payment of remuneration is made to the worker and constitutes the his sole or principal source of income and the provision of payment in kind, such as food, lodging or transport; – the worker has entitlements such as weekly rest and annual holidays;
Amendment 263 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Stresses that the development of new or precarious forms of employment may result in a decline in tax revenues; calls Member States to assess the need for more appropriate taxation in order to ensure fair levels of taxation for economic activities; calls on the Commission to assess the impact of new forms of employment in social security and pensions;
Amendment 264 #
2016/2221(INI)
Motion for a resolution
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Calls for the Commission to proceed with its targeted review of the Posting of workers directive and to review the Agency Workers Directive to ensure fundamental social rights for all workers including equal pay for equal work at the same location;
Amendment 275 #
2016/2221(INI)
Motion for a resolution
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
III. Ensuring decent working conditions
Amendment 278 #
2016/2221(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to tackle undeclared work, as undeclared work decreases tax and social security revenues and creates precarious and poor working conditions and unfair competition between workers; welcomes the creation of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work;
Amendment 289 #
2016/2221(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that according to the Charter of Fundamental Rights of the European Union and the Working Time Directive 2003/88/EC, every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave; stresses the need to ensure that those rights apply to all workers including on-demand workers, workers in marginal part-time employment and crowd workers; recalls that the Working Time Directive is a health and safety measure; calls for the enforcement of ECJ decisions confirming that on-call time in the workplace is working time and must be followed by compensatory rest;
Amendment 292 #
2016/2221(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to swiftly review health and safety legislation under REFIT and to consider proposing new legislation to ensure a better protection of workers in the workplace, including legislation on work related musculoskeletal disorders, a Directive to ensure that ‘terminal illness’ becomes a protected characteristic, specific provisions on healthcare workers’ exposure to hazardous drugs, an asbestos register with a realistic timetable for removal and further protection against medical sharps injuries for all workers at risk;
Amendment 294 #
2016/2221(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls that according to the Charter of Fundamental Rights of the European Union, everyone has the right to have access to vocational training and life-long learning; calls on the Member States to ensure that vocational and continuing training are also available to workers in atypical employment relationships; recalls that up-skilling measures are particularly important in a fast changing digital economy; recalls that skills shortage and mismatches participate to high unemployment levels; welcomes recent initiatives to tackle skills shortage;
Amendment 295 #
2016/2221(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls for a Skills Guarantee as a new right for everyone, at every stage of life, to acquire fundamental skills for the 21st century, including literacy, numeracy, digital and media literacy, critical thinking, social skills and relevant skills needed for the green and circular economy, taking into account emerging industries and key growth sectors and ensuring full outreach to people in disadvantaged situations, including those with disabilities, asylum-seekers, long- term unemployed people and underrepresented groups; stresses that education systems should be inclusive, providing good-quality education to the whole population, enabling people to be active European citizens, preparing them to be able to learn and adapt throughout their lives and responding to societal and labour market needs;
Amendment 296 #
2016/2221(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the policies of the Member States should be formulated and implemented in accordance with national law and practice, in consultation with, and without prejudice, the most representative organisations of employers and workers;
Amendment 306 #
2016/2221(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to ensure effective protection to workers especially affected by uncertainty and precariousnessprecarious employment, giving special priority to women workers, young workers, older workers, workers in the informal economy, migrant workers and workers with disabilities; calls on the Commission to assess whether Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is suited for new forms of employment;
Amendment 40 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future quality job creation – including for the youth –, inclusive growth and competitiveness, enhancing the social and employment impact, with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. Moreover, social infrastructure related projects should be highly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross- border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 41 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future job creation – including for the youth –, growth and competitiveness with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. The mobilised private sector finance should fully integrate Environmental Social and Governance (ESG) factors into investment strategies. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross-border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 54 #
2016/0276(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reinforce the take-up of the EFSI in less-developed and transition regions, the scope of the general objectives eligible for EFSI support should be enlarged, and a strategy for the better promotion of EFSI financing, capacity building and local technical assistance in the above mentioned regions should be developed and duly implemented.
Amendment 70 #
2016/0276(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The operations supported by the EFSI should adhere to the Union's principles of tax good governance and the broader strategy on sustainable finance.
Amendment 77 #
2016/0276(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The European Investment Advisory Hub (EIAH) should be enhanced and its activities should focus on needs not covered adequately under current arrangements. It should pay particular attention to supporting the preparation of projects involving two or more Member States and projects that contribute to achieving the objectives of COP21. Notwithstanding its objective to build upon existing advisory services of the EIB and the Commission, so to act as a single technical advisory hub for project financing within the Union, the EIAH should also contribute actively to the objective of sectorial and geographical diversification of the EFSI and support the EIB where needed in originating projects. When providing advisory services, the EIAH should take due regard of the Equator Principles on managing environmental and social risk. It should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of Union funding with the EFSI.
Amendment 94 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point d
Article 1 – paragraph 1 – point 4 – point d
Regulation (EU) 2015/1017
Article 7 – paragraph 12
Article 7 – paragraph 12
12. Decisions approving the use of the EU guarantee shall be made public and accessible without delay, and include the rationale for the decision based on the projects scoreboard, with particular focus on compliance with the additionality criterion. The publication shall not contain commercially sensitive information. In reaching its decision, the Investment Committee shall be supported by the documentation provided by the EIB.;
Amendment 115 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a – point i
Article 1 – paragraph 1 – point 9 – point a – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Such support shall include providing targeted local support on the use of technical assistance for project structuring, on the use of innovative financial instruments and on the use of public- private partnerships, taking into account the specificities and needs of Member States with less- developed financial markets.;
Amendment 120 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point i
Article 1 – paragraph 1 – point 9 – point b – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) leveraging local knowledge, collaborating closer with Member States authorities and focusing on building capacity, so as to facilitate EFSI support across the Union and contributing where possible to the objective of sectorial and geographical diversification of the EFSI referred to in Section 8 of Annex II by supporting the EIB to originate operations and increase collaboration with Member States;;
Amendment 56 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers. Efforts towards coordination and upward convergence of social standards are necessary.
Amendment 79 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers and whether the Posting of Workers Directive is adequately transposed by Member States.
Amendment 112 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law ofapplicable terms and conditions of employment should be those established by the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that, without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationnational law which would have applied otherwise. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services.
Amendment 154 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workerposting of workers in this sector, which is covered by this dDirective, 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 through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketwhich should be supplemented by sector-specific legislation.
Amendment 210 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are key elements for service providers and posted workers. The provision of information on the single website should be in line with national law and practice and should respect the autonomy of the social partners. The European Commission should regularly verify if the information on these websites is comprehensive, easily accessible and up to date.
Amendment 242 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise.
Amendment 293 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outsix months, or when the posting is not considered to be genuine under Directive 2014/67/EU, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 332 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place, - be it by another posted worker or the same posted worker returning after a break - the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 338 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2 a (new)
Article 2 a – paragraph 2 a (new)
2a. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 381 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 399 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration shall be determined 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 413 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
The right to form and join a trade union for the protection of the worker's interest; trade unions shall be given the possibility to collectively bargain for posted workers;
Amendment 414 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
In the context of remuneration as well as allowances and expenses related to work outside the regular working place, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 473 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 1
Article 3 – paragraph 7 – subparagraph 1
Amendment 477 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 491 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 497 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following: 10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: – terms and conditions of employmentperating on their territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, – terms and c including non-ditions of employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexscriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market.
Amendment 511 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.
Amendment 521 #
2016/0070(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
Member States shall adopt further measures to tackle abuses faced by posted workers, in particular with regards to undeclared work, bogus self-employment; letter-box companies and rotational postings. Member States shall ensure the proper transposition of this Directive.