337 Amendments of Miroslavs MITROFANOVS
Amendment 1 #
2018/2856(RSP)
Citation 8
— having regard to Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels IIa)1 and especially its Articles 8, 10, 15, 16,21, 41, 55 and 57, _________________ 1 OJ L 338, 23.12.2003, p. 1
Amendment 2 #
2018/2856(RSP)
Citation 8 a (new)
- having regard to the case law of the Court of Justice of the European Union notably its rulings of 22.12.2010, Mercredi, aff. C-497/10 PPU and 02.04.2009, Procédure engagée par A., aff. C-523/07,
Amendment 3 #
2018/2856(RSP)
Citation 12
— having regard to the more than 30very large number of petitions received on the role of the German Youth Welfare Office (Jugendamt) in cross-border family disputes,
Amendment 4 #
2018/2856(RSP)
Citation 12
— having regard to the more than 30large number of petitions received on the role of the German Youth Welfare Office (Jugendamt) in cross-border family disputes,
Amendment 5 #
2018/2856(RSP)
Citation 12
— having regard to the more than 30hundreds of petitions received on the role of the German Youth Welfare Office (Jugendamt) in cross-border family disputes,
Amendment 6 #
2018/2856(RSP)
Citation 15
— having regard to the final documentrecommendations of the Committee on Petitions’ Working Group on Child Welfare Issues of 20 June3 May 2017,
Amendment 7 #
2018/2856(RSP)
Recital -A (new)
-A. whereas the child's best interests must be paramount in all decisions related to childcare issues at all levels;
Amendment 8 #
2018/2856(RSP)
Recital A
A. whereas the Committee on Petitions has received a large number ofof the European Parliament has been receiving, since more than 10 years ago, petitions oin the role of the German Youth Welfare Office (Jugendamt) denouncing alleged systematic discrimination of non-German parents in cross-border dispuwhich a very large amount of non-German parents denounce systematic discriminations and arbitrary measures taken against them by the German Youth Welfare Office (Jugendamt) in family disputes with cross-border implications involving children, on matters con cerning, inter alia, parental responsibility and child custody;
Amendment 10 #
2018/2856(RSP)
Recital A a (new)
A a. whereas the Jugendamt plays a central role in the German family law system as it is one of the parties in all family disputes involving children;
Amendment 11 #
2018/2856(RSP)
Recital A b (new)
A b. whereas in family disputes involving children the Jugendamt delivers a recommendation to the judges, whose nature is practically binding, and can adopt temporary measures, such as the ‘Beistandschaft’, which cannot be challenged;
Amendment 12 #
2018/2856(RSP)
Recital A c (new)
A c. whereas the Jugendamt is responsible for the implementation of the decisions taken by the German courts; whereas the broad interpretation of these decisions by the Jugendamt often resulted detrimental to the effective protection of the rights of non-German parents;
Amendment 13 #
2018/2856(RSP)
Recital A d (new)
A d. whereas the German family law system, and in particular the role of the Jugendamt, must be carefully assessed taking duly into account its unique legal, administrative and cultural background in order to put forward effective solutions to all issues experienced by non-German parents in family disputes having cross- border implications involving children;
Amendment 14 #
2018/2856(RSP)
Recital A e (new)
A e. whereas non-recognition and non- enforcement by German competent authorities of decisions and judgements taken by other EU Member States’ judicial authorities, in family disputes having cross-border implications, can represent a breach of the principle of mutual recognition and mutual trust amongst Member States, thus jeopardising the effective protection of the best interest of the child;
Amendment 15 #
2018/2856(RSP)
Recital A f (new)
A f. whereas petitioners denounced that in family disputes having cross- border implications the protection of the best interest of the child is systematically interpreted by the competent German authorities with the need to ensure that children remain in the German territory, even in cases where abuses and domestic violence against the non-German parent were reported;
Amendment 16 #
2018/2856(RSP)
Recital A g (new)
A g. whereas the procedures adopted by the Jugendamt officials in cases of supervised parental access implied for the non-German parents the prohibition of the use of their mother tongue in their communication with their children; whereas conversations between non- German parents and their children held in a language, other than German, were harshly interrupted by the Jugendamt officials and contacts between parents and children were banned;
Amendment 17 #
2018/2856(RSP)
Recital A h (new)
A h. whereas non-German parents denounced in their petitions the insufficient or lack of counselling and legal support by national authorities of their country of origin in cases where discriminatory or disadvantaged judicial and administrative procedures were adopted against them by German authorities, including the Jugendamt, in family disputes involving children;
Amendment 18 #
2018/2856(RSP)
Recital B
B. whereas all the EU institutions and all EU countries must fully guarantee the protection of the rights of the child as enshrined in the Charter of Fundamental Rights of the EU; whereas the best interest of the child is a fundamental principle that should be respected as guiding rule for all decisions related to childcare issues at all levels;
Amendment 20 #
2018/2856(RSP)
Recital C
C. whereas increased mobility within the EU has led to a growing number of cross-border disputes on parental responsibility and child custody; whereas the Commission must step up its efforts to promote in all Member States, including Germany, the consistent and concrete implementation of the principles set out in the UN Convention on the Rights of the Child, ratified by all EU countries;
Amendment 21 #
2018/2856(RSP)
Recital D
D. whereas scope and objectives of the Brussels IIa Regulation are based on the principle of non-discrimination on the grounds of nationality between citizens of the Union and on the principle of mutual trust between the Member States’ legal systems;
Amendment 22 #
2018/2856(RSP)
Recital D a (new)
D a. whereas the provisions of the Brussels IIa Regulation should in no manner allow for any abuse of its underlying aim to provide mutual respect and recognition, avoid discrimination on the grounds of nationality and foremost truly protect the best interest of the child in an objective manner;
Amendment 23 #
2018/2856(RSP)
Recital E
Amendment 24 #
2018/2856(RSP)
Recital E a (new)
Amendment 25 #
2018/2856(RSP)
Recital E b (new)
E b. whereas the German Federal Constitutional Court ruled that a court can ask to hear a child who is almost 3 years old at the time of the decision; whereas in other EU countries children of this age are considered too young and not mature enough to be consulted in disputes involving their parents;
Amendment 26 #
2018/2856(RSP)
Recital F a (new)
F a. whereas the case law of the CJEU establishes the autonomous notion in European law of the "normal residence" of the child and the plurality of the criteria on which the national jurisdictions must determine the habitual residence;
Amendment 27 #
2018/2856(RSP)
Paragraph 1
1. Notes with great concern that the Committee on Petitions problems concerning the last decade has received more than 30 petitions on parental responsibility or child custody in cross-border family disputes and the role of the German Youth Welfare Office (Jugendamt), many of them involving the alleged discrimination of the non-German parentGerman family law system, including the controversial role of the German Youth Welfare Office (Jugendamt), denounced through petitions by non-German parents continue to remain unsolved; underlines that the Committee on Petitions continuously receives petitions by non-German parents in which serious discriminations are reported as a result of the procedures and practices concretely adopted by the competent German authorities in cross- border family disputes involving children;
Amendment 29 #
2018/2856(RSP)
Paragraph 1
1. Notes with great concern that the Committee on Petitions in the last decade has received more than 30a large number of petitions on parental responsibility or child custody in cross-border family disputes and the role of the German Youth Welfare Office (Jugendamt), many of them involving the alleged discrimination of the non-German parent;
Amendment 30 #
2018/2856(RSP)
Paragraph 1
1. Notes with great concern that the Committee on Petitions in the last decade has received more than 3250 petitions on parental responsibility or child custody in cross-border family disputes and the role of the German Youth Welfare Office (Jugendamt), many of them involving the alleged discrimination of the non-German parent;
Amendment 33 #
2018/2856(RSP)
Paragraph 2
2. Points to the long standing work of the Committee on Petitions treatingon the treatment of petitions concerning the role of the German Youth Welfare Office (Jugendamt); acknowledges the detailedtakes note of the responses given by the competent German ministry on the functioning of the German family law system but underlines that the Committee on Petitions continuously receives petitions concerning alleged discrimination of the non-German parentstrongly regrets that German competent authorities failed to ensure a proper follow-up to the recommendations and requests by the Committee on Petitions, thus worsening all problems encountered by non-German parents in the framework of family disputes having cross-border implications;
Amendment 35 #
2018/2856(RSP)
Paragraph 3
3. Stresses the obligation, as provided in the Council Regulation Brussels IIa, for national authorities to recognise and enforce judgements delivered in another Member State in child related cases; is concerned of the fact that in family disputes having cross-border implications German authorities can systematically refuse to recognise judicial decisions taken in other Member States in cases where children, who are almost 3 years old, have not been heard; underlines that this aspect undermines the principle of mutual trust with other Member States whose legal systems set different age limits for the hearing of a child;
Amendment 36 #
2018/2856(RSP)
Paragraph 3 a (new)
3 a. Regrets that the Commission did not implement for years accurate checks on the procedures and practices used in the German family law system, including the Jugendamt, in the framework of family disputes having cross-border implications, thus failing to effectively protect the best interest of the child and all other related rights;
Amendment 37 #
2018/2856(RSP)
Paragraph 3 a (new)
3 a. Insists on the importance that Member States collect statistical data on the administrative and judicial proceedings concerning children custody and involving foreign parents, particularly including the outcome of the judgements, in order to allow for a detailed analysis of existing trends over time and provide benchmarks;
Amendment 38 #
2018/2856(RSP)
Paragraph 3 a (new)
3 a. Emphasises, following the case law of the CJEU, the autonomous notion of the "habitual residence" of the child in European law and the plurality of the criteria on which the determination of the normal residence must be conducted by the national jurisdictions;
Amendment 39 #
2018/2856(RSP)
Paragraph 3 b (new)
Amendment 40 #
2018/2856(RSP)
Paragraph 3 b (new)
3 b. Calls on the Commission to ensure that such determination of the normal residence of the child has been properly done by the German jurisdictions in the petitions received by the Committee on Petitions;
Amendment 41 #
2018/2856(RSP)
Paragraph 3 c (new)
3 c. Strongly criticises the absence of statistical data on the number of cases in Germany in which court rulings were not in line with the recommendations of the Jugendamt and on the outcomes of family disputes involving children of bi-national couples, despite the repeated requests for years to collect data and make them publicly available;
Amendment 42 #
2018/2856(RSP)
Paragraph 3 c (new)
3 c. Calls on the Commission to assess in the petitions whether German jurisdictions have duly respected the provisions of Council Regulation Brussels IIa when establishing their competences and if they have taken into consideration judgements or decisions issued by jurisdictions of other Member States; _________________ 1a OJ L 338, 23.12.2003., p. 01
Amendment 43 #
2018/2856(RSP)
Paragraph 3 d (new)
3 d. Condemns the fact that, in cases of supervised parental access, failure by non-German parents to comply with the Jugendamt officials procedure to adopt German as language during conversations with their children, led to the harsh interruption of conversations and to a ban on contact between the non- German parents and their children; believes that such procedure adopted by the Jugendamt officials constituted a clear discrimination based on origin and language against non-German parents;
Amendment 44 #
2018/2856(RSP)
Paragraph 3 e (new)
3 e. Is firmly convinced that in cases of supervised parental access, German authorities must permit all parental languages during conversations between parents and their children; asks for mechanisms to be put in place to guarantee that non-German parents and their children can have communication in their common language as its use plays a crucial role to keep strong emotional bonds between parents and their children and ensure the effective protection of children’s cultural heritage and welfare;
Amendment 45 #
2018/2856(RSP)
Paragraph 3 f (new)
3 f. Firmly believes that a consistent and effective follow-up must be given to the recommendations of the final report of the Committee on Petitions’ Working Group on “Child welfare issues” of 3 May 2017 and notably on those related directly or indirectly to the role of the Jugendamt and to the German family law system;
Amendment 46 #
2018/2856(RSP)
Paragraph 3 g (new)
3 g. Reminds Germany of its international obligations under the UN Convention on the Rights of the Child, including Article 8 thereof; believes that major improvements must be made by all German competent authorities to adequately safeguard the right of the children of bi-national couples to preserve his or her identity, including family relations, as recognised by law without unlawful interference;
Amendment 47 #
2018/2856(RSP)
Paragraph 4
Amendment 48 #
2018/2856(RSP)
Paragraph 4
Amendment 49 #
2018/2856(RSP)
Paragraph 4 a (new)
4 a. Considers that in light of Article 81 TFEU the Commission can and must play an active role in ensuring fair and consistent non-discriminatory practices towards parents in the treatment of cross- border child custody cases throughout the Union;
Amendment 50 #
2018/2856(RSP)
Paragraph 4 b (new)
4 b. Regrets that the Commission missed a unique opportunity in its proposal for the recast of the Brussels IIa Regulation to address specifically the elements within its current provisions which, instead of protecting the best interest of the child in all cases as it is intended, allow for and de facto shield discriminatory administrative and judicial practices towards non-national parents, such as those depicted in the large number of petitions received during the past decade, of which the Commission was duly alerted;
Amendment 51 #
2018/2856(RSP)
Paragraph 4 c (new)
4 c. Asks the Council to reach an agreement to duly amend the text of the Brussels IIa Regulation during its ongoing recast procedure, in order to incorporate the necessary mechanisms that prevent and redress any discriminatory practices within judicial proceedings and judgements concerning parental custody; urges the Commission to take this approach in any future legislative proposal in this field, including new revisions of the Brussels IIa Regulation;
Amendment 53 #
2018/2856(RSP)
Paragraph 6 a (new)
6 a. Emphasises the importance of a close cooperation and efficient communication between the different national and local authorities involved in childcare proceedings from the social service to the jurisdiction and the central authorities,
Amendment 54 #
2018/2856(RSP)
Paragraph 7
7. Calls on the CouncilStresses the need to improve themutual judicial and administrative cooperation and cross-border dialogues between German authorities like the German Youth Welfare Office (Jugendamt) and authorities of other Member Statbetween German authorities and other EU Member States authorities in order to ensure mutual trust in matters concerning the recognition and enforcement in Germany of decisions and judgements adopted by other EU Member States’' authorities in family disputes withhaving cross-border elements involving children;
Amendment 55 #
2018/2856(RSP)
Paragraph 8
8. Recalls the importance to provide parentswithout delay non-German parents from the outset and at every stage of child- related proceedings with complete and clear information on the proceedings and on the possible consequences thereof; calls on the Member States to inform parents about the rules on legal support and aid; notes in this context that the competent German ministries at federal level have established the German Central Contact Point for Cross-border Family Conflicts in order to provide counselling and information, in a language that the concerned parents fully understand in order to avoid cases where parents give their consent without fully understanding the implications of their commitments; calls on the Member States to implement targeted measures aimed at improving legal support, aid, counselling and information for their nationals in cases where they denounce discriminatory or disadvantaged judicial and administrative procedures adopted against them by German authorities in cross- border family disputes involving parental responsibilitychildren;
Amendment 56 #
2018/2856(RSP)
Paragraph 8
8. Recalls the importance to provide parents at every stage of child-related proceedings with complete and clear information on the proceedings and on the possible consequences thereof; calls on the Member States to inform parents about the rules on legal support and aid; notes in this context that the competent German ministries at federal level have established the German Central Contact Point for Cross-border Family Conflicts in order to provide counselling and information in cross-border family disputes involving parental responsibility;
Amendment 57 #
2018/2856(RSP)
Paragraph 8 a (new)
8 a. Stresses that the denounced instances whereby non-German parents are prevented from communicating with their children in their common mother tongue during visitations constitute not only a discrimination on the grounds of language, but are also contrary to the aim of fostering multilingualism and diversity of cultural backgrounds within the Union and in breach of the fundamental right of freedom of thought, conscience and religion;
Amendment 58 #
2018/2856(RSP)
Paragraph 9
9. Expresses its concern on cases raised by petitioners about short deadlines set by the German competent authorities and about documents sent by the German competent authorities not provided in the language of the non-German petitioner; stresses the right of citizens to refuse acceptances of documents if not written or translated into a language the person understands as laid down in Article 8(1) of Regulation (EC) 1393/2007; calls on the Commission to thoroughly assess the implementation in Germany of the provisions of Regulation (EC) 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) in order to properly address all possible violations;
Amendment 60 #
2018/2856(RSP)
Paragraph 9 a (new)
9 a. Calls on the Commission to verify the respect of languages requirements in the course of proceeding before the German jurisdictions in the petitions presented to the European Parliament;
Amendment 62 #
2018/2856(RSP)
Paragraph 11
11. Reminds the Member States about the importance to systematically implement the provisions of the Vienna Convention of 1963 and to ensure that embassies or consular representations are informed from the start of all child care proceedings involving their nationals and have full access to the relevant documents; stresses the importance of a trustworthy consular cooperation in this field and suggests that consular authorities should be allowed to attend every stage of the proceedings;
Amendment 7 #
2018/2280(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the European Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe, allowing petitioners to participate fulactively in its activities;
Amendment 14 #
2018/2280(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the substantial role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, ensuring that petitioners’ concerns are recognised and their legitimate grievances resolved through the petitions process, in a timely manner wherever possiblregulated timeframe;
Amendment 26 #
2018/2280(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note ofHighlights four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018,on ‘European Citizens’ Initiative - Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee;
Amendment 31 #
2018/2280(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Trusts that the petitions network is a means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative workstrong tool in giving citizens the opportunity to participate in direct democracy; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members;
Amendment 36 #
2018/2280(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the lack of response from the Member States to solve the problems reported by the citizens affected by FATCA; asks the Commission to work closely with the national data protection authorities in order to promote a fact- finding exercise to clarify the situation in the Member States concerning possible breaches of EU law on the protection of personal data; calls onemphasises that the Member States toshould prevent discrimination against consumers legally resident in the Union, regardless of whetherif they are considered or not as ‘“US persons’” and, if they are of the importance of their economic and personal ties with the United States;
Amendment 40 #
2018/2280(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses Parliament’s strong collabofruitful cooperation with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations within the institutional framework between the Ombudsman and the Committee on Petitions; appreciates in particular the Ombudsman’s regular contributions to the work of the committee throughout the year;
Amendment 45 #
2018/2280(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is convinced that the Secretariat of the Committee on Petitions handles petitions efficiently and with great careaccurately according to the committee’s guidelines;
Amendment 28 #
2018/2105(INI)
Motion for a resolution
Recital O
Recital O
O. whereas adequately preventing conflicts of interest within the EU institutions, agencies and bodies is an essential element to guarantee good administration and increase the citizens' trust in the Union decision-making; whereas the Ombudsman launched a strategic inquiry into how the Commission carries out conflict of interest assessments for its special advisers, who often simultaneously work for the private sector;
Amendment 33 #
2018/2105(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas for the purposes of decisions relating to the protection of human health or the safety of humans, animals or plants, the EU institutions, agencies and offices should be particularly citizen-friendly and service-minded in their outlook and should properly address the public’s concerns regarding full transparency, independence and accuracy in the collection and evaluation of scientific evidence; whereas the scientific evidence and procedures used at EU level which led to the authorisations of, inter alia, genetically modified organisms, pesticides and glyphosate drew significant criticism and triggered a wide public debate;
Amendment 37 #
2018/2105(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas the work of the EU Ombudsman complements perfectly the work of the different national and regional Ombudsmen; whereas the exchange and coordination of their respective works within the European Network of Ombudsmen under the EU Ombudsman leadership is a very positive element to ensure the right to good administration at all levels by all Union citizens and residents;
Amendment 53 #
2018/2105(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that EU legislation on access to documents is seriously outdated; reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission, and to give her the faculty to issue binding decision on their release when necessary; emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;
Amendment 59 #
2018/2105(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks for a review in the Council's system for classification of documents with a view to ensuring that only documents to which one or more of the exceptions under the access to documents Regulation (1049/2001) are marked as sensitive or “LIMITE”;
Amendment 64 #
2018/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the need for full transparency in the EU decision-making process and commends the Ombudsman’s inquiry into the usual practice of informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of all trilogue documents;
Amendment 76 #
2018/2105(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure full transparency and access to documents and information with regard to the EU Pilot procedures, at least in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;
Amendment 102 #
2018/2105(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the urgent need for an effective upgrade of the current Code of Good Administrative Behaviour through adoption of a binding regulation on the matter;
Amendment 116 #
2018/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deeply regrets the delays accumulated by the Commission in connection with infringement procedures on the abuse of fixed-term contracts both in private and public sectors, which has served to perpetuate the abuse and violation of workers’ rights in the Member States; calls on the Ombudsman to step up her efforts on this issue in order to safeguard citizens’ rights effectively;
Amendment 122 #
2018/2105(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Ombudsman to launch a strategic inquiry in order to assess whether EU Institutions, offices and agencies, such as the European Chemicals Agency (ECHA), the European Food Safety Authority (EFSA) and the EMA, ensure that the collection and examination of scientific evidence is fully independent, transparent, accurate and free from conflict of interests, and whether the proper policies and procedural safeguards are in place, notably when dealing with GMOs, glyphosate, pesticides, phytosanitary and biocidal products and medicines; suggests in this regard to further inquiry on the composition and selection procedures of the Scientific Committees and Panels by these agencies, in order to ensure their total independency and put into place the most stringent mechanisms preventing any possible conflict of interests;
Amendment 129 #
2018/2105(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that in order to fulfil its crucial duty of enhancing good administration practices within the EU, including all the specific previous requests, more resources need to be allocated to the Ombudsman's office;
Amendment 130 #
2018/2105(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Reiterates its willingness to update the EU Ombudsman's Statute1a, and accordingly any related piece of acquis, in order to adapt the role of the Ombudsman to the current needs and expectations regarding good administration by EU citizens; insists in its consideration that the Ombudsman should be entitled to ultimately issue binding decision upon the access to documents requested by citizens to EU institutions; aims for a quick inter-institutional agreement upon the upcoming legislative proposal by the Parliament; _________________ 1a Draft Decision of the European Parliament adopted on 22 April 2008 amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (2006/2223(INI))
Amendment 1 #
2018/2036(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 2 and 3(3) of the Treaty on European Union (TEU), and Article 19 of the Treaty on the Functioning of the European Union (TFEU), which gives the Union a political mandate to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation,
Amendment 8 #
2018/2036(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the European Convention on Human Rights and its Protocols, especially Protocol No. 12 on non-discrimination,
Amendment 18 #
2018/2036(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to its resolution of 11 October 2017 on the fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism,1a _________________ 1a Texts adopted, P8 TA(2017)0413
Amendment 31 #
2018/2036(INI)
Motion for a resolution
Citation 14
Citation 14
– having regard to the decision and case law of the Court of Justice of the European Union (CJEU), in particular case T- 646/13, and case law of the European Court of Human Rights (ECtHR),
Amendment 33 #
2018/2036(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the reports and surveys published and carried out by the European Union Agency for Fundamental Rights (FRA), such as the report entitled ‘Respect for and protection of persons belonging to minorities 2008-2010’, as well as other relevant reports by national, European and international organisations and NGOs on the matter,
Amendment 49 #
2018/2036(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 2 of the TEU states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the primacy of law and human rights, including the rights of persons belonging to minorities – values which are shared by all the Member States and which must be upheld and actively promoted by the EU and each Member State individually in all their policies, both internally and externally in a consistent way; whereas Article 17 of the TEU states that the Commission must ensure the application of the Treaties;
Amendment 54 #
2018/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Charter of Fundamental Rights of the EU has laid down the principle of non-discrimination; whereas the values of the European Union are common to the Member States; whereas special attention should be paid to the protection of fundamental rights of the most vulnerable groups;
Amendment 59 #
2018/2036(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, at present, the Union has tools of only limited efficacy to respond to systematic and institutional manifestations of discrimination, racism and xenophobia against minorities; whereas there are discrepancies among Member States in terms of recognition of minorities and respect for their rights; whereas, in spite of numerous calls on the Commission, only limited steps have been taken to ensure effective protection of minorities;
Amendment 62 #
2018/2036(INI)
Motion for a resolution
Recital F
Recital F
F. whereas recent developments have shown that instruments and processes to ensure the full and correct application of the principles and values of the Treaties – of which the respect for rights of persons belonging to minorities is a constituent part – need to be revised and integrated, and that an effective mechanism to close remaining gaps, and to ensure that Treaty principles and values are upheld throughout the Union, should be developed; whereas this mechanism should be evidence-based, objective, non- discriminatory, respecting the principles of subsidiarity, necessity and proportionality, applying to both Member States and institutions of the Union, and based on a graduated approach, including both a preventative and corrective arm; whereas the Parliament has given its support for the establishment of a EU mechanism on democracy, the rule of law and fundamental rights, which could be central to the coordinated European approach to governance which is currently lacking;
Amendment 86 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Condemns any discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; notes that the proposed 2008 Equal Treatment Directive is still pending approval by the Council; reiterates its call on the Council to adopt the proposal as soon as possible;
Amendment 88 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; notes that compliance with the Copenhagen criteria by states before and after their accession to the EU must be subject to constant monitoring and to a constant dialogue within and between Parliament, the Commission and the Council;
Amendment 89 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Condemns the instances of discrimination, segregation, hate speech, hate crime and social exclusion experienced by Roma people; reiterates its position expressed in its resolution of 11 October 2017 on the fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism; condemns the continuous discrimination against Roma people in access to housing, healthcare, education and the labour market; recalls that all European citizens should receive equal assistance and protection regardless of their ethnic or cultural origin;
Amendment 92 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Insists on the importance of pursuing equality policies that enable all national or ethnic, religious and linguistic minorities to enjoy their fundamental rights uncontested; considers that the rights concerned are those which any person may exercise either individually or in community with others;
Amendment 93 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Reaffirms that indigenous people, in the exercise of theirs rights, should be free from discrimination of any kind and have the right to the dignity and diversity of their culture, traditions, histories and aspiration which shall be appropriately reflected in education and public information; the Member States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society; encourages those Member States that have not yet done so to ratify the Indigenous and Tribal Peoples Convention (ILO) No. 169 and implement it in good faith;
Amendment 94 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. Calls on Member States to ensure minority groups’ right to freely determine their political status and freely pursue their economic, social and cultural development, as well as to participate freely and effectively in cultural, social and economic life and in public affairs, in particular those affecting them;
Amendment 95 #
2018/2036(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. Recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a member of a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM); underlines the need to protect all national or ethnic, religious and linguistic minorities, regardless of the definition, and any definition should be applied in a flexible manner, as de facto inclusion of beneficiaries under the protection of minority rights often forms part of an evolutionary process that eventually may lead to formal recognition;
Amendment 97 #
2018/2036(INI)
1. Recalls that while protection of minorities is a part of the Copenhagen criteria, both for the candidate countries and for the Member States, there is no guarantee that candidate states stick to the commitments undertaken under the Copenhagen criteria once they became Member States; recalls that there is no standard for minority rights in Union policy nor a common understanding of who can be considered a member of a minority; notes that there is no definition of minorities in the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, nor in the Framework Convention for the Protection of National Minorities (FCNM);Should there be a need to define a ‘national minority’, recommends that, with respect to the principles of subsidiarity, proportionality and non-discrimination, such a definition should be primarily based on the definition, laid down in Council of Europe Parliamentary Assembly Recommendation 1201(1993) for an additional protocol on the rights of minorities to the European Convention on Human Rights, of a ‘national minority’such as a group of persons in a state who
Amendment 116 #
2018/2036(INI)
Motion for a resolution
Paragraph 1 – indent 3
Paragraph 1 – indent 3
– display distinctive ethnic, cultural, historical, religious or linguistic characteristics,
Amendment 128 #
2018/2036(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that, in accordance with Article 17(1) of the TEU, the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all the Member States are upholding the rule of law and other values referred to in Article 2 of the TEU; considers, therefore, that the measures taken by the Commission to carry out the task and to ensure that the conditions which existed before a Member State’s accession are still being fulfilled do not violate the sovereignty of the Member States;
Amendment 142 #
2018/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States, while safeguarding the national citizenship, and calls on and the Commission, while promoting the European identity and common values, to safeguard the right of national minorities to preserve, protect and develop their own identity, and to take the necessary steps to ensure the effective participation of national minorities in social, economic and cultural life and in public affairs;
Amendment 150 #
2018/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to ratify, and the European Union to accede to, the FCNM and the Language Charter and to respect the principles laid down in these documents; calls on the Member States and the Commission to refrain from acts that go against the principles laid down in these documents; notes thatcalls on the Member States and the EU institutions shallto refrain from adopting laws and administrative measures that weaken or derogate the rights of persons belonging to minorities;
Amendment 151 #
2018/2036(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Declares its support for the “Minority Safepack” European Citizens Initiative and invites the Commission to submit relevant legislative proposals in line with this initiative;
Amendment 156 #
2018/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that common and minimum standards to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities should be developed, taking account of best practices already used within the Member States, such as in Italy (Alto Adige/South Tyro)l, in Germany (Schleswig-Holstein) or in Finland, following the procedural principles of good neighbourliness, friendly relations and co- operation between the Member States as well as the co-operation with neighbouring non-EU countries, and on the basis of the implementation of international standards and norms; recalls the implementation of the commitments adopted and principles developed in the framework of the OSCE, particularly in its thematic recommendations and guidelines; recalls that the Commission has already taken these standards into account in the context of the Copenhagen criteria during the accession negotiations with the countries of Central and Eastern Europe, Cyprus, Malta, Bulgaria, Romania, Croatia and the current candidate countries;
Amendment 157 #
2018/2036(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises the important role of civil society and non-governmental organisations as “watchdogs” of state compliance with minority protection standards while combating discrimination and promoting minority rights; calls on the Member States and the Commission to ensure sufficient funding and support for these stakeholders;
Amendment 163 #
2018/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that persons belonging to minorities are in a special category with regard to the right to remedies and have specific needs that must be met if they are to achieve full and effective equality, including appropriate remedies, and that their rights should be respected and promoted, including the right to freely express, preserve and develop their cultural or linguistic identity, free from any attempt at assimilation against their will;
Amendment 167 #
2018/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to promote friendly and stable relationships between each other,; especially inncourages Member States to have an open and supportive dialogue with neighbouring countries with border regions where moreseveral languages are spoken and different cultures may be presentnd cultures are present, especially in order to support the cultural ties between the groups divided by the state borders;
Amendment 169 #
2018/2036(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned about the alarming increase of hate crime and hate speech motivated by racism, xenophobia or religious intolerance against national or ethnic, religious and linguistic minorities in Europe; calls on the EU and Member States to strengthen the fight against hate crime and discriminatory attitudes and behaviour; calls on the Commission and the FRA to continue their work on hate crime and hate speech monitoring in the Member States aimed against minorities, and to report regularly on the cases and tendencies;
Amendment 185 #
2018/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that national minorities are groups of persons belonging to minorities who have been living on the same territory andwho sharinge a common identity, in some instances as a result and an awareness of bforder changes, in others as a result of living a long time in an area, whereby they have managed to preserve their identityming a demos regardless of state borders; calls on the Member States and the Commission to protect the cultural, political and linguistic identity of national minorities, and to create conditions for the promotion of that identity; points to the important role that regional and local authorities in the EU can play in protecting national minorities, and considers that administrative reorganisation and territorial districting must not have negative consequences for them;
Amendment 200 #
2018/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that maintaining the cultural heritage of the EU is a common interest of the Member States; calls on the EU institutions and its Member States to support, enhance and promote the cultural rights of national minorities;
Amendment 204 #
2018/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to recognise the contribution of national minorities to the cultural heritage of the Union, to reinforce dialogue with the representatives of nationaland persons belonging to minorities and to identify and implement coordinated policies and actions for the sustainable management of preserving and developing their culture;
Amendment 209 #
2018/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to involve and support national minorities and their representativespersons belonging to them in fostering knowledge and skills that are necessary in order to safeguard, sustainably manage and develop cultural heritage and that should be handed down to future generations; calls on the Member States and the Commission to establish and maintain concrete cultural funds for the representatives of regional andpersons belonging to minority righties, both at horizontal and vertical levels;
Amendment 252 #
2018/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that education is a key element of socialisation and development, and that the continuity of mother tongue education is vital to preserving their cultural and linguistic identity; notes that, when it comes to minority language education, there is no one single best- practice model that is suitable for all national minorities;
Amendment 279 #
2018/2036(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Member States to apply positive measures in order to ensure proper representation of minorities in education, as well as in public administration, executive agencies at national, regional and municipal levels; calls on the Commission to collect and report statistical information in this regard, if available;
Amendment 300 #
2018/2036(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Member States and the Commission to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, including in the context of the freedom of movement in the EU;
Amendment 19 #
2018/0114(COD)
Proposal for a directive
Recital 4
Recital 4
(4) These developments in the case-law have opened up new opportunities for companies and firms in the Single Market in order to foster economic growth, effective competition and productivity. At the same time, in the absence of a level playing field in the form of coherent social and fiscal rules, these developments went hand-in-hand with the proliferation of letterbox companies and abusive practices, constituting artificial arrangements and circumventing fiscal and social security obligations as well as undercutting workers’ rights. The objective of a Single Market without internal borders for companies must also be reconciled with other objectives of European integration such as social protection (in particularfor all, the protection of workers)’ rights, the protection of creditors and the protection of shareholders. Such objectives, i, as well as the fight against attacks on financial interests of the EU via for example money laundering and tax evasion. In the absence of harmonised rules specifically regarding cross-border conversions, are pursued by Member States throughMember States have developed a number of multifarious legal provisions and administrative practices. As a result, whereas companies are already able to merge cross-border, they experience a number of legal and practical difficulties when wishing to perform a cross-border conversion. Moreover, the national legislation of many Member States provides for the procedure of domestic conversions without offering an equivalent procedure for converting cross-border.
Amendment 21 #
2018/0114(COD)
Proposal for a directive
Recital 6
Recital 6
(6) It is appropriate therefore to provide procedural and substantive rules on cross-border conversions, which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees, creditors and minority shareholders. Loopholes need to be closed and opportunities for abuses related to tax, social security and the rights of different stakeholders, need to be prevented. It is therefore key to reorient the direction taken by the Court of Justice and clarify that it should not be possible for a company to move its registered office without moving their head office in order to carry out a substantial part of its economic activity in the member state of destination.
Amendment 24 #
2018/0114(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The concepts of information and consultation of employees need to be clarified with the objectives of reinforcing the effectiveness of dialogue at transnational level. The definition of "consultation" should allow for the expression of an opinion to be properly used in the decision-making process.
Amendment 26 #
2018/0114(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) This directive establishes minimum requirements applicable throughout the Member States while allowing and encouraging Member States to provide more favourable protection of employees.
Amendment 31 #
2018/0114(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The right to merge, divide or convert an existing company formed in a Member State into a company governed by another Member State may in certain circumstancesshould never be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors', minority shareholders' rights or rules on employees participation, as this is the case for example of letterbox companies. In order to combat such possible abuses, a general principle of Union law, Member States are required to ensure that companies do not use the cross- border conversion, merger or division procedure in order to create artificial arrangements aimed at obtaining undue tax, solely or partially, at obtaining tax or social security advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, tThe fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances. A common procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by Member States whilst at the same time settingsets out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down, whilst describing, where strictly necessary, the margin of discretion allowed for Member States.
Amendment 33 #
2018/0114(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Given the complexity of cross- border conversions and the multitude of the interests concerned, it is appropriate to provide for an ex-ante control in order to create legal certainty. To that effect, a structured and multi-layered procedure should be set out whereby the competent authorities of both the departure and the destination Member State ensure that a decision on the approval of a cross-border conversion is taken in a fair, objective and non-discriminatory manner on the basis of all relevant elements and by taking into account all legitimate public interests, in particular, the protection of employees, members and creditors. Member States should also perform an ex-post verification in cases where new information has become available only after the finalisation of the procedure to check the legitimate character of the conversion and take appropriate action in case of irregularities.
Amendment 35 #
2018/0114(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To allow all stakeholders' legitimate interests to be taken into account in the procedure governing a cross-border conversion, the company should disclose the draft terms of the cross-border conversion containing the most important information about the proposed cross- border conversion, including the envisaged new company form, the instrument of constitution and the proposed timetable for the conversion. Members, creditors and employees of the company carrying out the cross-border conversion should be notified and be given this information in due time in order that they can submit comments with regard to the proposed conversion.
Amendment 39 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a report explaining the implications of the proposed cross-border conversion for employees. The report should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements, whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the only employees of the company are in its administrative organ. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . __________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 43 #
2018/0114(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The freedom of establishment and the development of the internal market are no stand-alone principles or objectives of the EU. They should always be balanced with, in particular in the context of this Directive, the Union’s principles and objectives regarding social progress, the promotion of a high level of employment and the guarantee of adequate social protection, embedded in Article 3 of the Treaty on the European Union and Article 9 of the TFEU. It is therefore clear that the development of the internal market should contribute to social cohesion and upward social convergence, and should not fuel competition between social systems, putting pressure on those systems to lower their standards.
Amendment 44 #
2018/0114(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) EU policy should also contribute to the promotion and reinforcement of social dialogue, in line with Article 151 TFEU. It is therefore also the objective of this Directive to secure employees’ information, consultation and participation rights and to ensure that any cross-border mobility of companies can never lead to the lowering of these rights. Ensuring information, consultation and participation of employees is essential for all such actions to succeed.
Amendment 45 #
2018/0114(COD)
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) The freedom of establishment should also in no way undermine the principles regarding the countering fraud and any other illegal activities affecting the financial interests of the Union included in Article 310 of the TFEU.
Amendment 48 #
2018/0114(COD)
Proposal for a directive
Recital 15
Recital 15
(15) On the basis of the draft terms of conversion and the reports, the general meeting of the members of the company should decide on whether or not to approve those draft terms. It is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one. In addition, members should also have the right to vote on any arrangements concerning employee participation, if they have reserved that right during the general meeting.
Amendment 51 #
2018/0114(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border conversion, where the company carrying out the cross- border conversion is operating under an employee participation system in the departure Member State, the company should be obliged to take a legal form allowing for the exercise of such participation, including through the presence of representatives of the employees in the appropriate management or supervisory organ of the company in the destination Member State. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling theto ensure the employees' rights of the company to carry out a cross-border conversion with the employees' rights of participationinformation, consultation and participation. The agreement should ensure that at least the same level of all elements of employee involvement as applicable in the company before the conversion, continues to apply. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply, mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the information, consultation and participation rights through carrying out subsequent domestic or cross-border conversion, merger or division within three en years.
Amendment 57 #
2018/0114(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to prevent the circumvention of employee participation rights by means of a cross-border conversion, the company carrying out a conversion which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border conversion without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
Amendment 64 #
2018/0114(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The evaluation of the implementation of the cross-border merger rules in Member States has shown that the number of cross-border mergers in the Union has significantly increased. However, this evaluation has also revealed certain shortcomings in relation specifically to creditor protectionemployee, creditor and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross-border merger rules.
Amendment 65 #
2018/0114(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to further enhance the existing cross-border merger procedure, it is necessary to simplify those merger rules, where appropriate, whilst at the same time ensuring that stakeholders, and in particular employees, are adequately protected. Therefore, the existing cross- border merger rules should be modified in order to obaligen the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross-border merger for both members and for employees. The obligation onrules for cross-border mergers with those on cross-border conversions and divisions, and to oblige the management or administrative organs of the merging companyies to prepare the report for the members may however be waived, where those members are already informed aboutseparate reports detailing the legal and economic aspects of the pcroposed merger. However, the report prepared for employees may only be waived where the merging companies and their subsidiaries do not havess-border merger for members, creditors anyd employees other than those who form part of the management or administrative organ.
Amendment 72 #
2018/0114(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The lack of harmonisation of safeguards for employees, members or creditors has been identified an obstacle for cross-border mergers by different stakeholders. MEmployees, members and creditors should be offered at least the same level of protection regardless of the Member States in which the merging companies are situated. This is without prejudice to the Member States’ rules on protecting employees, creditors or shareholders which are outside the scope of the harmonised measures, such as transparency requirements.
Amendment 73 #
2018/0114(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The right of companies to carry out a cross-border division may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards, social security payments, tax obligations, creditors' or members' rights or rules on employees participation. In order to combat such abuses, as a general principle of Union law, Member States are required to ensure that companies do not use the cross-border division procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or members. In so far as it constitutes a derogation from a fundamental freedom, the fight against abuses must be interpreted strictly and. The fight against abuses must be based on an individual assessment of all relevant circumstances. A common procedural and substantive framework which describes the margin of discretion and allows for the diversity of approaches by Member States whilst at the same time settingsets out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with Union law should be laid down, whilst describing, where strictly necessary, the margin of discretion allowed for Member States.
Amendment 81 #
2018/0114(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to provide information to its employees, the company being divided should prepare a report explaining the implications of the proposed cross-border division for employees. The report should explain in particular the implications of the proposed cross-border division on the safeguarding of the jobs of the employees, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined and on the possible options for such arrangements, whether there would be any material change in the conditions of employment and the locations of the companies’ places of business, and how each of these factors would relate to any subsidiaries of the company. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 88 #
2018/0114(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure that employee participation is not unduly prejudiced as a result of the cross-border division where the company carrying out the cross-border division is operating under an employee participation system, the companies resulting from the division should be obliged to take a legal form allowing for the exercise of participation, including through the presence of representatives of the employees in the appropriate management or supervisory organs of the companies. Moreover, in such a case, a bona fide negotiation between the company and its employees should take place, along the lines of the procedure provided for in Directive 2001/86/EC, with a view to finding an amicable solution reconciling the right of the company to carry out a cross-border division with the employees'' rights of participationinformation, consultation and participation. The agreement should ensure that at least the same level of all elements of employee involvement as applicable in the company before the conversion, continues to apply. As a result of those negotiations, either a bespoke and agreed solution or, in the absence of an agreement, the application of standard rules as set out in the Annex to Directive 2001/86/EC should apply mutatis mutandis. In order to protect either the agreed solution or the application of those standard rules, the company should not be able to remove the information, consultation and participation rights through carrying out subsequent domestic or cross-border conversions, mergers or divisions within 310 years.
Amendment 92 #
2018/0114(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to prevent the circumvention of the employee participation rights by means of a cross- border division, the company carrying out a division which is registered in the Member State which provides for the employee participation rights, should not be able to perform a cross-border division without first entering into negotiations with its employees or their representatives when the average number of employees employed by that company is equivalent to four fifths of the national threshold for triggering such employee participation.
Amendment 101 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – point 6 a (new)
Article 86 b – point 6 a (new)
(6a) "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 103 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – point 6 b (new)
Article 86 b – point 6 b (new)
(6b) 'participation' means the influence of the employees and/or the employees' representatives in the affairs of a company byway of the right to elect or appoint some of the members of the company's supervisory or administrative organ;
Amendment 104 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 b – point 6 c (new)
Article 86 b – point 6 c (new)
(6c) 'consultation' means the exchange of views and establishment of dialogue between the employees and/or the employees' representatives and the employer, with the employee’s opinion being taken into account in the decision- making process within the company. This shall take place at a time, in a manner and with a content which allows the employees and representatives, on the basis of information provided, to express an opinion on the measures envisaged. It shall allow to meet with the Executive management and obtain a reasoned and exhaustive response before the final decision is adopted;
Amendment 106 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e a (new)
Article 86 c – paragraph 2 – point e a (new)
(ea) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 108 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(eb) the company has a backlog in tax or social security payments;
Amendment 109 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e c (new)
Article 86 c – paragraph 2 – point e c (new)
(ec) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 114 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3 a (new)
Article 86 c – paragraph 3 a (new)
3a. The company carrying out the cross-border conversions shall provide substantive information to demonstrate it has an actual establishment and pursues genuine and substantial economic activity in the destination Member State. To this end, at least the following conditions have to be met: (a) the EBIDTA generated by the operations of the company in the destination Member State in the last two fiscal years corresponds at least to 25% EBITDA generated by the company in the European Union; (b) the company shall have a fixed establishment performing substantial business activities with material premises, a relevant number of workers employed on permanent basis, and a management body that is materially equipped to negotiate business with third parties. In any case, the head office of the converted company shall be relocated to the destination Member State within 5 months from the date on which the cross- border conversion takes effect, according to Article 86r.
Amendment 121 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point d a (new)
Article 86 d – paragraph 1 – point d a (new)
(da) detailed information on the transfer of the head office;
Amendment 124 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point j
Article 86 d – paragraph 1 – point j
(j) the likely repercussions of the cross-border conversion on employment, wage development and company level social dialogue including board level representation of employee representatives
Amendment 127 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(ka) the name of the ultimate undertaking and, where applicable, the list of all its subsidiaries, a brief description of the nature of their activities and their respective geographic allocation;
Amendment 128 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point k
Article 86 d – paragraph 1 – point k
(kb) the number of employees on a full- time equivalent basis;
Amendment 130 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 2
Article 86 d – paragraph 2
2. In addition to the official languages of the departure and destination Member States, Member States shall allow the company carrying out the cross-border conversion to use a language customary in the sphere of international business and finance in order to draw up the draft terms of a cross-border conversion and all other related documents. Member States shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents. Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.
Amendment 143 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable.
Amendment 161 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point c
Article 86 f – paragraph 2 – point c
(c) any material changes in the conditions of employment, including the conditions laid down in law and collective agreements, and in the location of the company’s places of business;
Amendment 166 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
(da) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements;
Amendment 171 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(db) the rights and remedies available to members opposing the conversion in accordance with Article 86j;
Amendment 178 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves and to the European Works Council, where applicable, not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the members of the company carrying out the cross-border conversion.
Amendment 181 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3 a (new)
Article 86 f – paragraph 3 a (new)
3a. The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 183 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. The executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 86i.
Amendment 185 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 5
Article 86 f – paragraph 5
Amendment 189 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – title
Article 86 g – title
Article 86g Examination by an independent experts
Amendment 196 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 2
Article 86 g – paragraph 2
2. The competent authority shall appoint antwo independent experts within five working daysone month from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The experts shall be independent from the company carrying out the cross-border conversion and may be a naturappointed on the basis of a pre-selected list that was specifically established for the purpose of assessing cross-border conversions. The list shall include natural persons on the basis of their personal expertise. The fields of expertise to be reflected in the list shall include at least company law, taxation and fiscal law, social security and workers’ rights. Together, the two independent experts shall cover all of the fields of expertise mentioned in this paragraph. An expert may operate on their own behalf or on behalf of a legal person depending upon the law of. Member States shall define fixed rates for the fees paid to the indeparture Member Stateendent experts, which shall be paid by the company applying for the conversion. The experts shall be independent from the company carrying out the cross-border conversion . Member States shall take into account, in assessing the independence of the experts, the framework established in Articles 22 and to22b of Directive 2006/43/EC. In addition: (a) the experts or the legal person on whose behalf they are operating, shall not have performed work, in whatever capacity, for the company applying for the conversion in the five years prior to his or her appointment or vice versa; and (b) the two experts appointed shall not operate on behalf of the same legal person.
Amendment 200 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point (b)
Article 86 g – paragraph 3 – point (b)
(b) a description of all factual elements necessary for the competent authority, designated in accordance with Article 86m(1), to carry out an in-depth assessment to determine whether the intended cross-border conversion constitutes an artificial arrangement in accordance with Article 86n, including at a minimum the following: (i) the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, the composition of the balance sheet, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted or sent in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004andDirective96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No883/2004, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due and; (vii) the commercial risks assumed by the converted company in the destination Member State and the departure Member State, (viii) the composition of the balance sheet and of the financial statement in the destination Member State and in all Member States in which the company operates in the last two fiscal years.
Amendment 202 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 a
Article 86 g – paragraph 3 a
3a. Whenever relevant, the independent experts shall ask questions to and receive information from the competent authority of the destination Member State. The competent authority shall ensure communication between the independent expert and other authorities in that Member State responsible for any of the areas touched upon by this Directive.
Amendment 212 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 i – paragraph 1
Article 86 i – paragraph 1
1. After taking note of the reports referred to in Articles 86e, 86f and 86g, where applicable, the general meeting of the company carrying out the conversion shall decide, by means of a resolution, whether to approve the draft terms of the cross-border conversion. Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 86m(1) of the decision of the general meeting.
Amendment 223 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 1
Article 86 l – paragraph 1
Amendment 226 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2
Article 86l – paragraph 2
Amendment 235 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – introductory part
Article 86l – paragraph 3 – introductory part
3. In the cases referred to in paragraph 2 of this Article, theThe information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 239 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point b
Article 86l – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b),(c) (g) and (h), Article 4(3) and Article 4(4);
Amendment 241 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point e
Article 86l – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 243 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point g
Article 86l – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) of Part 3 of the Annex. and (b) and paragraph 2 of Part 3, instead of which the following will apply as a minimum: The employees of the company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 248 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3a (new)
Article 86l – paragraph 3a (new)
3a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 251 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point a
Article 86l – paragraph 4 – point a
Amendment 255 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point b
Article 86l – paragraph 4 – point b
Amendment 261 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point c
Article 86l – paragraph 4 – point c
(c) shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Ppart 3 of the Annexagraph 3.
Amendment 264 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 5
Article 86l – paragraph 5
Amendment 267 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 7
Article 86l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 277 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86m – paragraph 2 – point b
Article 86m – paragraph 2 – point b
(b) the reports referred to in Articles 86e, 86f and 86g, as appropriate, and including the employees’ opinion and response of the management referred to in article 86f, (4) and (4a);
Amendment 281 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86m – paragraph 7 – introductory part
Article 86m – paragraph 7 – introductory part
7. Member States shall ensure that the assessment by the competent authority is carried out within one month of the date of receipt of the information concerning the approval of the conversion by the general meeting of the companyreport by the independent expert. It shall have one of the following outcomes:
Amendment 283 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86n – paragraph 1
Article 86n – paragraph 1
1. Member States shall ensure in order to assess whether the cross-border conversion constitutes an artificial arrangement within the meaning of Article 86c(3), that the competent authority of the departure Member State carries out an in- depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: (i) the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004 and Directive 96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004, the composition of the balance sheet, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due, (vii) and the commercial risks assumed by the converted company in the destination Member State and the departure Member State. , and (viii) the composition of the balance sheet and of the financial statement in the destination Member State and in all Member States in which the company operates in the last two fiscal years.
Amendment 288 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive (EU) 2017/1132
Article 119 – point 2 a (new)
Article 119 – point 2 a (new)
(4a) In article 119, the following point 2 a is inserted: (2a) "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 289 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive (EU) 2017/1132
Article 119 – point 2 b (new)
Article 119 – point 2 b (new)
(4b) In article 119, the following point 2 b is inserted: (2b) “consultation" means the exchange of views and establishment of dialogue between the employees and/or the employees' representatives and the employer, with the employee’s opinion being taken into account in the decision- making process within the company. This shall take place at a time, in a manner and with a content which allows the employees and representatives ,on the basis of information provided, to express an opinion on the measures envisaged. It shall allow to meet with the Executive management and obtain a reasoned and exhaustive response before the final decision is adopted;
Amendment 290 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive (EU) 2017/1132
Article 119 – point 2 c (new)
Article 119 – point 2 c (new)
(4c) In article 119, the following point 2 c is inserted: (2c) "participation” means the influence of the employees and/or the employees' representatives in the affairs of a company byway of the right to elect or appoint some of the members of the company's supervisory or administrative organ
Amendment 291 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
(4d) In article 119, the following point 2 d is inserted: (2d) “head office” means the place where key management, and commercial decisions are made that are necessary for the conduct of the entity’s business as a whole;
Amendment 292 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – introductory part
Article 120 – paragraph 4 – introductory part
4. Member States shall ensure that this Chapter does not apply to the company or companies wherewhere a company intends to carry out a cross-border merger, the Member States concerned verify that the cross-border merger complies with the conditions laid down in this paragraph. A company shall not be entitled to carry out a cross-border merger in any of the following circumstances:
Amendment 293 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e a (new)
Article 120 – paragraph 4 – point e a (new)
(ea) a company is under investigation, is being prosecuted or has been convicted in the last 3years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 294 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e b (new)
Article 120 – paragraph 4 – point e b (new)
(eb) a company has a backlog in tax or social security payments;
Amendment 295 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 120 – paragraph 4 – point e c (new)
Article 120 – paragraph 4 – point e c (new)
(ec) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 299 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new)
Article 1 – paragraph 1 – point 7 – point b a (new)
Directive (EU) 2017/1132
Article 122 – paragraph 7 – point o (new)
Article 122 – paragraph 7 – point o (new)
(ba) the following points (o) and (p) are added: (o) detailed information on the head office; (p) the reasons for the merger;
Amendment 300 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b b (new)
Article 1 – paragraph 1 – point 7 – point b b (new)
Directive (EU) 2017/1132
Article 122 – paragraph 7 – point q (new)
Article 122 – paragraph 7 – point q (new)
(bb) the following points (q) to (y) are added: (q) the name of the ultimate undertaking and, where applicable, the list of all its subsidiaries, a brief description of the nature of their activities and their respective geographic allocation; (r) the number of employees on a full-time equivalent basis; (s) fixed assets other than cash or cash equivalents; the amount of the net turnover, including a distinction between the turnover made with related parties and the turnover made with unrelated parties; (t) the amount of profit or loss before income tax; (u) the amount of income tax accrued (current year)which is the current tax expense recognised on taxable profits or losses of the financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (v) the amount of income tax paid which is the amount of income tax paid during the relevant financial year by undertakings and branches resident for tax purposes in the relevant tax jurisdiction; (w) the amount of accumulated earnings; stated capital; (x) details of public subsidies received and any donations made to politicians, political organisations or political foundations; (y) whether undertakings, subsidiaries or branches benefit from preferential tax treatment, from a patent box or equivalent regimes.
Amendment 301 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive (EU) 2017/1132
Article 122 – second subparagraph
Article 122 – second subparagraph
In addition to the official language of each Member State of the merging companies, Member States shall allow the merging companies to use a language customary in the sphere of international business and finance to draw up the common draft terms of a cross-border merger and all other related documents. Member States shall specify which language will prevail in the case of discrepancies identified between the different linguistic versions of those documents.; Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.
Amendment 310 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselves and to the European Works Council, where applicable. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 319 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point c
Article 124a – paragraph 2 – point c
(c) any material changes in the conditions of employment, including the conditions laid down in law and collective agreements, and in the locations of the companies’ places of business;
Amendment 324 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d a (new)
Article 124a – paragraph 2 – point d a (new)
(da) the rights and remedies available to members opposing the conversion in accordance with Article 126a;
Amendment 325 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2 – point d b (new)
Article 124a – paragraph 2 – point d b (new)
(db) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 86l and on the possible options for such arrangements;
Amendment 328 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 – subparagraph 1
Article 124a – paragraph 3 – subparagraph 1
The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the members of each of the merging companies.
Amendment 329 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 a
Article 124a – paragraph 3 a
3a. The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 330 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 4 a
Article 124a – paragraph 4 a
4a. The Executive management or the administrative organ of the company which intends to carry out the cross- border merger, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 126.
Amendment 331 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 5
Article 124a – paragraph 5
Amendment 336 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2017/1132
Article 126 – paragraph 1
Article 126 – paragraph 1
1. After taking note of the reports referred to in Articles 124, 124a and 125, as appropriate, the general meeting of each of the merging companies shall decide, by means of a resolution, on the approval of the common draft terms of the cross-border merger.; Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration.
Amendment 344 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive (EU) 2017/1132
Article 133
Article 133
(18) Article 133 is amended as follows: replaced by the following: “1. The information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 2 to 5 of this Article, in accordance with the principles and procedures laid down in Article 12(2) and (4) of Regulation (EC) No2157/2001and the following provisions of Directive 2001/86/EC: (a) Article 3(1),(2)(a)(i), 2(b) and (3), the first indent of the first subparagraph of Article3(4), the second subparagraph of Article 3(4), Article 3(5), the third subparagraph of Article 3(6) and Article3(7); (b) Article 4(1),Article 4(2)(a),(b) (c)(g) and (h),Article 4(3) and Article 4(4); (c) Article 5; (d) Article 6; (e) Article 7(1); (f) Articles 8, 9, 10 and 12; (g) the Annex, with the exclusion of points (a) and (b) and paragraph 2 of Part 3, instead of which the following will apply as a minimum: The employees of the Company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees. 2. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation. 3. When regulating the principles and procedures referred to in paragraph 1, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (g) of paragraph 1. 4. When regulating the principles and procedures referred to in paragraph 3, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (g) of paragraph 1. 5. Where the company carrying out the conversion is operating under an employee participation system, that company shall be obliged to take a legal form allowing for the exercise of participation rights. 6. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of three ten years after the cross-border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 4. 7. A company shall communicate to its employees the outcome of the negotiations concerning employee participation without undue delay.
Amendment 354 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 a (new)
Article 160b – point 3 a (new)
(3a) "information" means the transmission by the employer to the employees and/or employees' representatives at the relevant level, of data which concern the company itself and any of its subsidiaries or establishments situated in another Member State, in order to enable them to acquaint themselves with the subject matter and to examine it. This shall take place at a time, in a manner and with a content which allows the employees and representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the company;
Amendment 356 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 b (new)
Article 160b – point 3 b (new)
(3b) "participation” means the influence of the employees and/or the employees' representatives in the affairs of a company byway of the right to elect or appoint some of the members of the company's supervisory or administrative organ;
Amendment 357 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 c (new)
Article 160b – point 3 c (new)
(3c) “consultation" means the exchange of views and establishment of dialogue between the employees and/or the employees' representatives and the employer, with the employee’s opinion being taken into account in the decision- making process within the company. This shall take place at a time, in a manner and with a content which allows the employees and representatives, on the basis of information provided, to express an opinion on the measures envisaged. It shall allow to meet with the Executive management and obtain a reasoned and exhaustive response before the final decision is adopted;
Amendment 358 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160b – point 3 d (new)
Article 160b – point 3 d (new)
(3d) “head office" means the place where key management, and commercial decisions are made that are necessary for the conduct of the entity’s business as a whole;
Amendment 360 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e a (new)
Article 160d – paragraph 2 – point e a (new)
(ea) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for infringements of employment legislation or workers’ rights, social or tax fraud, tax evasion, tax avoidance or money laundering or any other financial crime;
Amendment 362 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e b (new)
Article 160d – paragraph 2 – point e b (new)
(eb) the company has a backlog in tax or social security payments;
Amendment 363 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 2 – point e c (new)
Article 160d – paragraph 2 – point e c (new)
(ec) the company is under investigation, is being prosecuted or has been convicted in the last 3 years for violations of fundamental or human rights;
Amendment 369 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 1 – point d a (new)
Article 160e – paragraph 1 – point d a (new)
(da) detailed information on the head office;
Amendment 370 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160 – paragraph 1 – point e
Article 160 – paragraph 1 – point e
(e) the likely repercussions of the cross-border division on employment, wage development and company level social dialogue including board level representation of employee representatives;
Amendment 372 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160e – paragraph 4
Article 160e – paragraph 4
4. In addition to the official languages of the Member States of the recipient companies and the one being divided, Member States shall allow the company to use a language customary in the sphere of international business and finance in order to draw up the draft terms of cross-border division and all other related documents. Member States shall specify which language will prevail in case of discrepancies among different linguistic versions of those documents. Members, employees or creditors shall have the possibility to comment on these draft terms. The comments shall be included in the final report and be made public.
Amendment 379 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3
Article 160g – paragraph 3
3. The report referred to in paragraph 1 of this Article shall be made available, at least electronically, to the members of the company being divided not less than two months before the date of the general meeting referred to in Article 160k. That report shall also be made similarly available to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable.
Amendment 386 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point c
Article 160h – paragraph 2 – point c
(c) any material change in the conditions of employment, including the conditions laid down in law and collective agreements, and the locations of the companies’ places of business;
Amendment 388 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2 – point d a (new)
Article 160h – paragraph 2 – point d a (new)
(da) where appropriate, information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the converted company are determined pursuant to Article 160j and on the possible options for such arrangements;
Amendment 394 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 3
Article 160h – paragraph 3
3. The report referred to in paragraph 1 shall be made available, at least electronically, to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves, and to the European Works Council, where applicable, not less than two months before the date of the general meeting referred to in Article 160k. The report shall also be made similarly available to the members of the company being divided.
Amendment 395 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
3a. The European Works Councils, where applicable, the national employee representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 396 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 4 a ( new)
Article 160h – paragraph 4 a ( new)
4a. The Executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated and written response to the employee opinion before the date of the general meeting referred to in Article 160k.
Amendment 397 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 5
Article 160h – paragraph 5
Amendment 403 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3 – point f
Article 160i – paragraph 3 – point f
(f) a description of all factual elements necessary for the competent authority designated in accordance with Article 160o(1), to carry out an in-depth assessment to determine whether the intended cross-border division constitutes an artificial arrangement in accordance with Article 160p, at a minimum the following: (i) the characteristics of the establishments in the Member States concerned of the recipient companies, destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, the composition of the balance sheet, working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted or sent in the year prior to the conversion within the meanings of Regulation (EC) No883/2004 and Directive96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No883/2004, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due and; (vii) the commercial risks assumed by the company being divided in the Member States of the recipient companienverted company in the destination Member State and the departure Member State (viii) the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 406 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160k – paragraph 1
Article 160k – paragraph 1
1. After taking note of the reports referred to in Articles 160g, 160h and 160i, where applicable, the general meeting of the company being divided shall decide by means of a resolution, whether to approve the draft terms of cross-border division. Prior to taking a decision, all applicable information and consultation rights have to be met in a way and at such a time that an opinion by the employees can be taken into consideration. The company shall inform the competent authority designated in accordance with Article 160o(1) of the decision of the general meeting.
Amendment 412 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 1
Article 160n – paragraph 1
Amendment 414 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
Article 160n – paragraph 2
Amendment 418 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3
Article 160n – paragraph 3
Amendment 421 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point b
Article 160n – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b), (c), (g) and (h), Article 4(3) and Article 4(4);
Amendment 423 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point e
Article 160n – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 424 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point g
Article 160n – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) of part 3 of the Annexen (b) and paragraph 2 of part 3, instead of which the following will apply as a minimum: The employees of the company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 427 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 a
Article 160n – paragraph 3 a
3a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the division as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 431 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point a
Article 160n – paragraph 4 – point a
Amendment 434 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point b
Article 160n – paragraph 4 – point b
Amendment 437 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point c
Article 160n – paragraph 4 – point c
(c) shall ensure that the rules on participation that applied prior to the cross- border division continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Part 3 of the Annexparagraph 3.
Amendment 441 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 5
Article 160n – paragraph 5
Amendment 446 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160o – paragraph 2 – point b
Article 160o – paragraph 2 – point b
(b) the reports referred to in Articles 160g, 160h and 160i, as appropriate, and including the employees’ opinion and response of the management;
Amendment 448 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1
Article 160p – paragraph 1
1. Member States shall ensure in order to assess whether the cross-border division constitutes an artificial arrangement within the meaning of Article 160d(3) of this Directive, the competent authority of the company being divided shall carry out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: (i) the characteristics of the establishment in the destination Member States concerned, including the intent, the sector, the investment, the net turnover and profit or loss, (ii) the number of employees, the working in the country of destination, the number of employees working in another country grouped according to the country of work, the number of employees posted in the year prior to the conversion within the meanings of Regulation (EC) No 883/2004andDirective 96/71/EC, the number of employees working simultaneously in more than one Member State within the meaning of Regulation (EC) No 883/2004,thecomposition of the balance sheet, (iii) the tax residence, (iv) the assets and their location, (v) the habitual place of work of the employees and of specific groups of employees, (vi) the places where social contributions are due, (vii) and the commercial risks assumed by the company being divided in the Member State of that company and Mnverted company in the destination Member State and the departure Member State, and (viii) the composition of the balance sheet and of the financial statement in the destination member Sstates of recipient companie and in all member States in which the company operates in the last two fiscal years.
Amendment 20 #
2017/0085(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,
Amendment 23 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 33 #
2017/0085(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,
Amendment 35 #
2017/0085(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 35 #
2017/0085(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 39 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account demographic changes including the effects of an ageing population.
Amendment 46 #
2017/0085(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 48 #
2017/0085(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account demographic changes including the effects of an ageing population.
Amendment 50 #
2017/0085(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.
Amendment 57 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill relative or dependeant relativewith care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.
Amendment 61 #
2017/0085(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “[p]arents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.
Amendment 68 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.
Amendment 69 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill relative or dependeant relativewith care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.
Amendment 83 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.
Amendment 85 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women's and men's caring responsibilities and access to the labour market.
Amendment 89 #
2017/0085(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.
Amendment 89 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women’s and men’s caring responsibilities and access to the labour market.
Amendment 90 #
2017/0085(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.
Amendment 93 #
2017/0085(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.
Amendment 94 #
2017/0085(COD)
Proposal for a directive
Recital 8 d (new)
Recital 8 d (new)
(8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.
Amendment 94 #
2017/0085(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.
Amendment 95 #
2017/0085(COD)
Proposal for a directive
Recital 8 d (new)
Recital 8 d (new)
(8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.
Amendment 105 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.
Amendment 110 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 113 #
2017/0085(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.
Amendment 122 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 137 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility forensure that parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should providbe allowed only to postpone twice and only for a maximum period of six months, and should provide a reasonable and objective justification for the postponement in writing. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request fornational law and collective agreements to define the conditions for taking parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationchallenging situations, including with regard to children with a disability, mental health problems or serious medical conditions or illness.
Amendment 139 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility forensure that parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should providbe allowed only to postpone twice and only for a maximum period of six months, and should provide a reasonable and objective justification for the postponement in writing. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request fornational law and collective agreements to define the conditions for taking parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationchallenging situations, including with regard to children with a disability, mental health problems or serious medical conditions or illness.
Amendment 145 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouragedhave the possibility to maintain contact with their employer during the period of leave and may make. Contact between workers and employers should not result in any burden or distress for workers and family members and should facilitate the making of arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice
Amendment 151 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care, workers with a seriously ill or dependant relative or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers’ leave to take care of that relativeperson. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leavneed of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.
Amendment 156 #
2017/0085(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.
Amendment 159 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouragedhave the possibility to maintain contact with their employer during the period of leave and may make. Contact between workers and employers should not result in any burden or distress for workers and family members and should facilitate the making of arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice
Amendment 166 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveequal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 167 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care, workers with a seriously ill or dependant relative or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers' leave to take care of that relativeperson. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leavneed of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.
Amendment 171 #
2017/0085(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.
Amendment 174 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be abentitled to requestemployee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours maystill a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions translating intoand reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, who should justify the grounds of refusal in writing while providing options for alternative arrangements. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 178 #
2017/0085(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.
Amendment 190 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 196 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveequal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 198 #
2017/0085(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.
Amendment 200 #
2017/0085(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.
Amendment 201 #
2017/0085(COD)
Proposal for a directive
Recital 27
Recital 27
(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.
Amendment 204 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be abentitled to requestemployee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours maystill a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions translating intoand reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, who should justify the grounds of refusal in writing while providing options for alternative arrangements. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 204 #
2017/0085(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus givobliging the Member States the option of introducing or maintainingo maintain, and encouraging them to introduce, more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislationaw, national legislation and employment practices in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 210 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sureprovide guidance and advice on SMEs in order to successfully implement the Directive while ensuring that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.
Amendment 218 #
2017/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) employee-oriented flexible working arrangements for working parents and carers.
Amendment 222 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.
Amendment 225 #
2017/0085(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 236 #
2017/0085(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.
Amendment 237 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 238 #
2017/0085(COD)
Proposal for a directive
Recital 27
Recital 27
(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.
Amendment 244 #
2017/0085(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus givobliging the Member States the option of introducing or maintainingo maintain, and encouraging them to introduce, more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislationaw, national legislation and employment practices in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 244 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 255 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sureprovide guidance and advice on SMEs in order to successfully implement the Directive while ensuring that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.
Amendment 259 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) “carers’ leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker’s immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.
Amendment 262 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative” means at least a worker’s first-degree relatives (son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law; ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;
Amendment 269 #
2017/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) employee-oriented flexible working arrangements for working parents and carers.
Amendment 272 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.
Amendment 273 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave.
Amendment 277 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “dependency” means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.
Amendment 284 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 286 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 298 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to takeor an equivalent second parents as defined in national law have mandatory paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 304 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 305 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker’s employment relationship and irrespective of the worker’s marital or family status as defined in national law.
Amendment 309 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.
Amendment 315 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependencyto a relative or a person in his/her immediate circle of any age with care or support needs due to a serious or chronic illness, disability, mental health ofr age relativeed impairment;
Amendment 325 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) “carers' leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker's immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.
Amendment 325 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months’ parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.
Amendment 329 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means at least a worker's first-degree relatives (son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national lawibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;
Amendment 336 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 339 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave;
Amendment 343 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.
Amendment 347 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;“care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.
Amendment 350 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to requestdemand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall, in accordance with national law and collective agreements and/or practice, consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.
Amendment 355 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 356 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forarrangements needed to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents havingwith a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.
Amendment 370 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativesupport needs of the person requiring such support.
Amendment 374 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to takeor an equivalent second parents as defined in national law have mandatory paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 375 #
2017/0085(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 377 #
2017/0085(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 385 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker's employment relationship and irrespective of the worker's marital or family status as defined in national law.
Amendment 388 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leav, that is a payment of 100% of the worker's gross wage.
Amendment 391 #
2017/0085(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 394 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.
Amendment 404 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.
Amendment 418 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 419 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.
Amendment 421 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months' parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.
Amendment 426 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 431 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Single parents, as defined in national law, shall be allowed to take up the leave period allocated to the second parent or to transfer it to a designated third party.
Amendment 432 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 440 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.
Amendment 445 #
2017/0085(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They mayshall take the form of a fine. They may also comprise payment of compensation.
Amendment 452 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to requestdemand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall, in accordance with national law and collective agreements and/or practice, consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.
Amendment 459 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 461 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forarrangements needed to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents havingwith a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.
Amendment 462 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.
Amendment 466 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 468 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 469 #
2017/0085(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 475 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the medical conditionsupport needs of the worker's relativeperson requiring such support.
Amendment 496 #
2017/0085(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 500 #
2017/0085(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 511 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leav, that is a payment of 100% of the worker's gross wage.
Amendment 530 #
2017/0085(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 553 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.
Amendment 565 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 570 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.
Amendment 590 #
2017/0085(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 630 #
2017/0085(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They mayshall take the form of a fine. They may also comprise payment of compensation.
Amendment 633 #
2017/0085(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Work-life balance support bodies Member States shall designate or set up consultative bodies for workers to support them and provide personalised advice on dealing with high work pressure and on how to achieve a genuine work-life balance.
Amendment 656 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 659 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.
Amendment 663 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 671 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 674 #
2017/0085(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.