1901 Amendments of Thomas MANN
Amendment 49 #
2018/2121(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the European Parliament has made a substantial contribution to the fight against financial crimes, tax evasion and tax avoidance as uncovered in the LuxLeaks, Panama Papers and Paradise Papers cases, notably with the work of the TAXE, TAX2 and TAX3 Special Committees, the PANA inquiry committee and the ECON committee;
Amendment 81 #
2018/2121(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls in particular the empirical assessment of the magnitude of annual revenue losses caused by aggressive corporate tax planning in the EU which was drawn up in 2015; notes that the assessment ranges from EUR 50-70 billion (sum lost to profit-shifting only, equivalent to at least 17 % of corporate income tax (CIT) revenue in 2013 and 0.4% of GDP) to EUR 160-190 billion (adding individualised tax arrangements of major MNEs, and inefficiencies in collection);
Amendment 92 #
2018/2121(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that close to 40 % of MNEs’ profits are shifted to tax havens globally each year25; points out that MNEs in high-tax countries pay some 30 % less tax than comparable domestic firms and that aggressive tax planning distorts competition between, on the one hand, tax-avoiding firms and, on the other, SMEs with no comparable access to cross-border tax planning arrangements; _________________ 25 Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018.
Amendment 101 #
2018/2121(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the fight against tax evasion and fraud tackles illegal acts, whereas the fight against tax avoidance addresses situations that are a priori within the limits of the law but againscontradict its spiriintent;
Amendment 103 #
2018/2121(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that ATP describes the setting of a tax design aimed at reducing tax liability by using the technicalities of a tax system or of mismatches between two or more tax systems that go against the spirit of the law; points out that ATP essentially involves debt shifting, a strategic choice of location in connection with intellectual property rights and intangible assets, transfer pricing and abusive transfer pricing;
Amendment 141 #
2018/2121(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on companies, as taxpayers, to fully comply with their tax obligations and refrain from aggressive tax planning leading to BEPS, and to consider fair taxation strategy as an important part of their corporate social responsibility in order also to prevent a negative impact on general taxpayer morale;
Amendment 287 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB, in order to tackle the issue of profit shifting comprehensively; calls on the Council to swiftly adopt them, taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 501 #
2018/2121(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Regrets, however, that every year, large amounts of the expected VAT revenue are lost because of fraud; highlights that according to the Commission’s statistics, the VAT gap in 2016 amounted to EUR 147 billion, which represents more than 12 % of the total expected VAT revenue43; notes that the Commission estimates that around EUR 50 billion – or EUR 100 per EU citizen each year – is lost to cross-border VAT fraud44; notes that, as regards closing the VAT gap, there are big differences between Member States; _________________ 43 Study and Reports on the VAT Gap in the EU-28 Member States: 2018 Final Report / TAXUD/2015/CC/131. 44 See Commission press release: http://europa.eu/rapid/press-release_IP-17- 3443_en.htm
Amendment 735 #
2018/2121(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Welcomes the adoption of AMLD4 and of AMLD5; stresses that they represent significant steps in improving the effectiveness of the Union’s efforts to combat the laundering of money from criminal activities and to counter the financing of terrorist activities; welcomes the adoption by the Council, on 23 October 2018, of Directive (EU) 2018/1673 on countering money laundering by criminal law, which introduces new criminal law provisions and facilitates more efficient and faster cross-border cooperation between competent authorities in order more effectively to prevent money laundering and the related financing of terrorism and organised crime;
Amendment 957 #
2018/2121(INI)
Motion for a resolution
Paragraph 150
Paragraph 150
150. Recalls the importance of a common EU list of non-cooperativeng jurisdictions for tax purposes (hereinafter ‘EU list’) based on comprehensive, transparent, robust, objectively verifiable and commonly accepted criteria that is regularly updated;
Amendment 967 #
2018/2121(INI)
Motion for a resolution
Paragraph 151
Paragraph 151
151. Welcomes the adoption by the Council of the first EU list on 5 December 2017 and the ongoing monitoring of the commitments made by third countries; notes that the list has been updated several times on the basis of the assessment of those commitments and that various countries have been deleted from the EU list; underlines that this assessment is based on criteria deriving from a technical scoreboard and that Parliament had no legal involvement in this process; calls in this context on the Commission and the Council to inform Parliament in detail ahead of any proposed change to the list; calls on the Council to publish a regular progress report regarding black- and grey- listed jurisdictions as part of the regular update from the CoC Group to the Council;
Amendment 1017 #
2018/2121(INI)
Motion for a resolution
Paragraph 158
Paragraph 158
158. Reiterates its call for the EU and the Member States to have a leading role in the global fight against tax evasion, aggressive tax planning and money laundering, in particular through Commission initiatives in all related international forums;
Amendment 1133 #
2018/2121(INI)
Motion for a resolution
Paragraph 177
Paragraph 177
177. Welcomes the broad definition of both ‘intermediary’ and ‘reportable cross- border arrangement’ in the recently adopted DAC683; _________________ 83welcomes measures to strengthen transparency requirements for intermediaries in the field of aggressive tax planning and calls for tax authorities to have the necessary information, particularly in the area of cross-border tax planning strategies; _________________ 83 OJ L 139, 5.6.2018, p. 1. OJ L 139, 5.6.2018, p. 1.
Amendment 68 #
2018/2101(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the EU economy grew at its fastest rate in 10 years in 2017 and that all Member States saw their economies expand; welcomes the role of the ECB and the structural reforms undertaken in some Member States as part of the ongoing recovery; stresses that the ECB’s monetary policy cannot be a substitute for sustainable structural reforms and sound budgetary policies;
Amendment 87 #
2018/2101(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the great importance, at this juncture, of maintaining a favourable environment for public and private investment, which is still lagging behind pre-crisis levels; encourages the ECB to take the necessary measures, in line with its mandate, to help realise this objective; stresses that the primary objective of the ECB is to maintain price stability;
Amendment 122 #
2018/2101(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the ECB’s non- standard monetary policy measures have proven successful in forestalling the risks of deflation that were still present at the beginning of 2016 and in initiating a recovery in credit to the private sector, whose annual growth was around 3 % in mid-2018 compared to 0 % in 2015; draws attention to the potential long-term risks of a very expansionary monetary policy;
Amendment 165 #
2018/2101(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned by the impact of the negative deposit facility rate imposed on banks since June 2014; considers that this measure, were it still to be pursued, may affect the profitability of the banking sector and should be phased out in the course of normalising monetary policy in line with the current recovery; stresses the risks of a continuing low interest rate policy for pension systems, life insurance and savings;
Amendment 6 #
2018/2100(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Commission report of 11 October 2017 on the Single Supervisory Mechanism (SSM) under Regulation (EU) No 1024/2013,
Amendment 7 #
2018/2100(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the proposals to amend Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (CRR) and Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (CRD IV),
Amendment 8 #
2018/2100(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
– having regard to the opinion of the European Central Bank of 8 November 2017 on amendments to the Union framework for capital requirements of credit institutions and investment firms (CON/2017/46),
Amendment 9 #
2018/2100(INI)
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
– having regard to the ESRB report on Financial Stability Implications of IFRS of 9 July 2017,
Amendment 10 #
2018/2100(INI)
Motion for a resolution
Citation 11 e (new)
Citation 11 e (new)
– having regard to the Council conclusions of 17 July 2017 on the action plan to reduce non-performing loans in Europe,
Amendment 12 #
2018/2100(INI)
Motion for a resolution
Recital A
Recital A
A. whereas entrusting the ECB with the supervision of financial institutions has proven to be successful; whereas, in its supervisory activities, the ECB has sovereignty, but whereas far-reaching decisions must be left to the European legislator; whereas, in its supervisory activities, the ECB is not yet taking sufficient account of the principle of proportionality;
Amendment 24 #
2018/2100(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the role of the EBA needs to be significantly strengthened in order to effectively implement and monitor anti- money laundering measures;
Amendment 33 #
2018/2100(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the number and ratios of non-performing loans (NPLs) still vary substantially between Member States;
Amendment 45 #
2018/2100(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of completing the capital markets union, which will help to channel credit into the real economy, further enable private risk sharing and complement funding through banks; stresses the importance of completing the capital markets union and building a true single capital market in the EU where investors can freely invest their money across borders and companies can raise the necessary funds from a wide range of sources in order to contribute to better financing of the real economy, allow further private risk- sharing and complement funding by banks;
Amendment 51 #
2018/2100(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that one of the aims of the Banking Union should be to preserve the diversity of EU banking models, as this enables the requirements of citizens and of their projects to be met, as well as acting as a diversification tool, a key feature to cope with potential shocks; stresses, in this connection, the importance of the proportionality principle as a way of avoiding penalising in particular smaller banks in the implementation of regulatory provisions;
Amendment 65 #
2018/2100(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the ECB’s recent ‘failing or likely to fail’ assessments, carried out in 2018; stresses the need to improve the response times of European banking supervision, as shown by the case of a Latvian bank in March 2018; is deeply concerned that some of these cases raised issues concerning the enforcement of anti-money laundering rules in the Banking Union; underlines the urgent need for a common EU approach in this regard with clearly assigned powers;
Amendment 79 #
2018/2100(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the results of the EBA’s EU- wide stress test; believes that stress tests should be interpreted in combination with other on-going supervisory monitoring activities; points, in this regard, to the need for a high level of transparency with regard to the results of the stress tests and in order to prevent possible distortions;
Amendment 95 #
2018/2100(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission proposal to reinforce the role of the EBA in anti-money laundering supervision in the financial sector; calls on the co-legislators adopt the proposal without undue delay; welcomes the Commission’s proposal, as announced by Jean-Claude Juncker in his State of the Union address on 12 September 2018 to the European Parliament, to strengthen the role of the EBA in the fight against money laundering in the financial sector; calls on the co-legislators to adopt this proposal without undue delay;
Amendment 98 #
2018/2100(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Remains concerned about recent cases of money laundering at European banks and calls for national financial supervisory authorities to be strengthened and for more effective cooperation;
Amendment 99 #
2018/2100(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the fact that financial markets are strongly interrelated; stresses the importance of preparedness of banking supervisors for all possible outcomes in the Brexit negotiations between the EU-27 and the United Kingdom, bearing in mind that this is not a substitute for preparedness of private actors themselves; calls on the Commission and supervisory authorities to perform a comprehensive analysis of the impact of Brexit;
Amendment 105 #
2018/2100(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is concerned that the costs arising from prudential requirements impose a disproportionate burden on small banks; considers that the ECB still needs to take even better account of the proportionality principle;
Amendment 108 #
2018/2100(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the on-going negotiations on the NPL package; welcomes the ECB addendum on NPLs and the work of the EBA on guidelines on management of non-performing and forborne exposures; welcomes the reduction in volume of NPLs to EUR 713 billion over the past years; reiterates its concern that the total number, and proportion, of non-performing loans remains above average in some Member States; stresses, at the same time, that, according to the EBA Risk Dashboard, the NPL ratio in the EU is falling slowly but still remains too high at 3.6 % in June 2018; stresses that the Banking Union, while making progress in tackling non- performing loans (NPLs), is still lagging behind in global terms when compared with countries such as the US and Japan; stresses that the risk to financial stability posed by NPLs is still significant; agrees with the Commission that the primary responsibility for reducing NPLs lies with the Member States, notably through efficient insolvency laws, and banks themselves;
Amendment 121 #
2018/2100(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the on-going negotiations on the European System of Financial Supervision (ESFS); believes that a single market needs appropriate supervisory powers at EU level; stresses that the core task of the ESFS is to ensure effective supervisory action;
Amendment 125 #
2018/2100(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission communication on FinTech; recognises the great potential of FinTech and the need to encourage innovation; notes, however, the need for clear regulation and appropriate supervision that protects consumers and ensures financial stability as well as a level playing field for financial market actors; underlines the need to continuously strengthen the cyber resilience of the EU financial sectorconsiders that FinTech, which carries out the same kinds of activities as other players in the financial system, should therefore be subject to the same operating rules; acknowledges that the increased digitalisation of all aspects of banking has left banks significantly more vulnerable to cyber security risks; stresses that cyber security is first and foremost banks’ own responsibility; underlines the need to continuously strengthen the cyber resilience of the EU financial sector; calls for more comprehensive monitoring of cyber security measures by supervisory authorities;
Amendment 134 #
2018/2100(INI)
17. Recalls the initial debate on the role of the ECB as both monetary and supervisory authority; considers that, overall, the ECB has succeeded in keeping the two roles separate; believes, however, that further debate is necessary to avoid the risk of a conflict of interests between the two tasks; stresses the importance of the cooperation between the EBA as a regulatory authority and the SSM as a supervisory authority;
Amendment 147 #
2018/2100(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the agreement reached at the Euro Summit meeting ofon 29 June 2018 that the European Stability Mechanism (ESM) will provide the common backstop to the Single Resolution Fund (SRF) and be turned into a truecome a fully-fledged European Monetary Fund (EMF), based on strict conditions, with a view to ensuring responsiaccountability and the principle of avoiding moral hazard prevention, ensuring the protection of public funds, protecting client funds and assets as well as covered depositors and safeguarding the principle that taxpayers are not liable for banking risks; stresses the need for proper democratic scrutiny; recalls Parliament’s position that the EMF should be fully incorporated into the Union's institutional framework;
Amendment 160 #
2018/2100(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its position that the rules for precautionary recapitalisation need to be clarified; notes that precautionary recapitalisation can be an instrument for crisis management but believes that its use needs to be strictly limited to exceptional cases where the bank is solvent and where compliance with EU State aid rules is ensured; recalls that the objective of the EU resolution regime is to make sure that taxpayers are protected, the cost of bank management failures is borne by its shareholders and creditors, and that the stability of the financial system as a whole is preserved; stresses that the rules on the resolution of credit institutions need to be even better applied;
Amendment 162 #
2018/2100(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to assess the recovery and resolution of credit institutions in the light of state aid rules; calls on the Commission to examine regulation in the light of the Bank Recovery and Resolution Directive; calls on the Commission to propose transparent application of the rules on state aid in relation to the BRRD;
Amendment 170 #
2018/2100(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the conclusion of the ECA, in its report on the operational efficiency of the ECB’s crisis management for banks, that the organisational set-up of the ECB and its resourcing for the assessment of recovery plans and the supervision of banks in crisis are satisfactory, while noting that there are outstanding issues concerning information sharing and efficiency of coordination; recalls that cooperation and exchange of information between authorities are essential for the smooth implementation of resolution measures;
Amendment 174 #
2018/2100(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note of the agreement reached at the Euro Summit meeting of 29 June 2018 on the European Deposit Insurance Scheme (EDIS); underlines the necessity of EDIS as the third pillar of the Banking Union; believes it should be fully implemented once significant risk reduction has taken place; notes that discussions have yet to be held on the appropriate legal basis for the establishment of EDIS; stresses the need to reduce risks in some Member States and their banks as a prerequisite for the introduction of EDIS;
Amendment 45 #
2018/0212(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The European Union should not be turned into a transfer union.
Amendment 46 #
2018/0212(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) It is essential that EISF does not serve as a gateway to an EU unemployment insurance scheme or other all-embracing EU insurance mechanisms.
Amendment 87 #
2018/0212(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 249 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) 'self-employed person' means a person who employed fewer than 10 workers; people in the ‘self-employed’ category are not regarded as ‘entrepreneurs’;
Amendment 471 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall allocate at least 2% of their ESF+ resources under shared management to the specific objective of addressing material deprivation set out in points (x) and (xi) of Article 4(1).
Amendment 473 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 519 #
2018/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resources referred to in Article 7(4) shall be programmed under a dedicated priority or programme. The maximum co- financing rate for this priority or programme may be increased to no more than 85 % for these ESF+ allocations of the actions under Article 7(4).
Amendment 582 #
2018/0206(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Member States shallmay, when data are available in registers or equivalent sources, enableallow the Managing Authorities and other bodies entrusted with data collection necessary for the monitoring and the evaluation of the general support of the ESF+ strand under shared management to obtain those data from data registers or equivalent sources, in accordance with points (c) and (e) of Article 6(1) of Regulation (EU) 2016/679.
Amendment 583 #
2018/0206(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 586 #
2018/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Chapter applies to ESF+ support under points (x) and (xi) of Article 4(1).
Amendment 727 #
2018/0206(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
All personal data are to be broken down by gender (female, male, 'non binary'). If certain results are not possible, data for those results do not have to be collected and reportedThese data only have to be collected if they are clearly applicable to the operation and have relevance to the operation.
Amendment 731 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1 b – paragraph 1
Annex I – point 1 – point 1 b – paragraph 1
Amendment 736 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1 b – paragraph 1 – introductory part
Annex I – point 1 – point 1 b – paragraph 1 – introductory part
Amendment 737 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1b – paragraph 1 – indent 3
Annex I – point 1 – point 1b – paragraph 1 – indent 3
Amendment 738 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1b – paragraph 1 – indent 4
Annex I – point 1 – point 1b – paragraph 1 – indent 4
Amendment 741 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1 b – paragraph 1 – indent 5
Annex I – point 1 – point 1 b – paragraph 1 – indent 5
Amendment 742 #
2018/0206(COD)
Proposal for a regulation
Annex I – point 1 – point 1b – paragraph 1 – indent 6
Annex I – point 1 – point 1b – paragraph 1 – indent 6
Amendment 765 #
2018/0206(COD)
Proposal for a regulation
Annex II – title
Annex II – title
Common indicators for ESF+ support for promoting social integration for the most deprived people Output indicators (1) Total number of people who receive help towards social inclusion. Of which: (a) number of children aged 15 or younger; (b) number of persons aged 65 or older; (c) number of women (d) number of migrants, participants with foreign backgrounds; minorities (including marginalised communities such as Roma) (e) number of people with disabilities (f) number of homeless people
Amendment 94 #
2018/0191(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) One of the main objectives of Erasmus+ must be to preserve the status within the programme of activities outside school, vocational training and study. There is room for improvement, therefore, in the promotion of youth work, artistic and cultural activities, understanding of democracy, adult education and mass sports.
Amendment 98 #
2018/0191(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Erasmus+ is intended to encourage more project organisers with no EU experience to submit applications for funding. For that reason, national agencies should introduce or expand special support mechanisms for such organisers.
Amendment 99 #
2018/0191(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Further improvements should be made to the Commission's programme guide. It is not user-friendly. Ease of use, simplicity and clarity should be its guiding principles.
Amendment 101 #
2018/0191(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Young people see Erasmus+ primarily as a programme for university students. At European, national and regional level, therefore, greater importance should be attached to raising the profile of the different areas and the sub-programmes relating to each area, including school-level education (Comenius), higher education (Erasmus), international higher education (Erasmus Mundus), vocational education and training (Leonardo da Vinci) and adult education (Grundtvig), as well as youth (Youth in Action) and sport.
Amendment 103 #
2018/0191(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The number of reports from organisers and establishments suggesting that application forms are not made available in a timely and appropriate manner has fallen. Nevertheless, the authorities responsible should continue to pay close attention to this problem.
Amendment 205 #
2018/0191(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Programme is to support the educational, professional and personal development of people in education, training, youth and sport, understanding of democracy and artistic and cultural activities, in Europe and beyond, thereby contributing to sustainable growth, jobs and social cohesion and to strengthening European identity. As such, the Programme shall be a key instrument for building a European education area, supporting the implementation of the European strategic cooperation in the field of education and training, with its underlying sectoral agendas, advancing youth policy cooperation under the Union Youth Strategy 2019-2027 and developing the European dimension in sport.
Amendment 231 #
2018/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) promotion of democracy, policy dialogue and cooperation with key stakeholders, including Union- wide networks, European non- governmental organisations and international organisations in the field of education and training;
Amendment 284 #
2018/0191(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Young people see Erasmus+ primarily as a programme for university students. At European, national and regional level, therefore, greater importance is attached, in communication and information measures, to raising the profile of the different areas and the sub- programmes relating to each area, including school-level education (Comenius), higher education (Erasmus), international higher education (Erasmus Mundus), vocational education and training (Leonardo da Vinci) and adult education (Grundtvig), as well as youth (Youth in Action) and sport.
Amendment 647 #
2018/0178(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Articles 3 to 13 of this Regulation shall apply: from 31 December 2022.
Amendment 648 #
2018/0178(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
Amendment 653 #
2018/0178(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 656 #
2018/0178(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
Amendment 48 #
2018/0064(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour AuthoritMobility Agency (text with relevance for the EEA and for Switzerland) (This amendment applies throughout the text; its adoption will necessitate linguistic adjustments throughout the text.)
Amendment 83 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour AuthoritMobility Agency (the ‘Authoritgency’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authoritgency should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross-border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 113 #
2018/0064(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Authoritgency should contribute to facilitating the free movement of workers governed by Regulation (EU) No 492/2011 of the European Parliament and of the Council39, Directive 2014/54/EU of the European Parliament and the Council40 and Regulation (EU) 2016/589 of the European Parliament and the Council41. It should facilitate the posting of workers governed by Directive 96/71/EC of the European Parliament and the Council42 and Directive 2014/67/EU of the European Parliament and the Council43, including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of Member States. ItTo that end, the Agency should collect all relevant information from the individual national websites referred to in Article 5 of Directive 2014/67/EU and make that information available on a single European website. In addition, the Agency should make a wage-comparison computer available to indicate the wage level applicable in the host Member State during a posting for the benefit of both the employer and the employee in an easily accessible and transparent way. The Agency should also help the coordination of social security systems governed by Regulation (EC) No 883/2004 of the European Parliament and the Council44, Regulation (EC) No 987/2009 of the European Parliament and the Council45, Regulation (EU) No 1231/2010 of the European Parliament and the Council46 ; as well as Council Regulation (EC) No 1408/7147 and Council Regulation (EC) No 574/7248. __________________ 39 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 40 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8). 41 Regulation (EU) 2016/589 of the European Parliament and the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.04.2016, p. 1). 42 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 43 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.05.2014, p. 11). 44 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (OJ L 166, 30.4.2004, p.1, corrigendum OJ L 200, 7.6.2004, p. 1). 45 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (OJ L 284, 30.10.2009, p. 1). 46 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 47 Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971 p. 2). 48 Council Regulation (EC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons, and to their families moving within the Community (OJ L 74, 27.3.1972, p. 1).
Amendment 323 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 342 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7; ensure that the information always takes into account the current national circumstances, drawing on expertise from the Member States;
Amendment 376 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 405 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations in all EU official languages;
Amendment 413 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers and employees on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers, in all EU official languages; make a wage-comparison computer available to indicate the wage level applicable to a posted worker in the host Member State during a posting;
Amendment 422 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU; to that end, the Agency shall establish and manage a single Europe- wide website which shall act as a one-stop shop and contain all relevant information from the individual national websites referred to in Article 5 of Directive 2014/67/EU;
Amendment 435 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) promote cooperation between the Administrative Commission, the platform against undeclared work and EURES.
Amendment 455 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) promote cooperation with the Euroguidance network;
Amendment 480 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitateassist the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;
Amendment 495 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitatesupport cross-border enforcement procedures of penalties and fines;
Amendment 697 #
2018/0064(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e a (new)
Article 12 – paragraph 1 – point e a (new)
(ea) support exchanges of good practices with regard to the coordination of social security systems, and secondment of staff between national authorities in order to simplify exchanges of experience;
Amendment 758 #
2018/0064(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 790 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority maygency should set up working groups or expert panels with representatives from Member States and/or from the Commission, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related towith reference to data processing and an Audit Board concerned with the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation. It shall be ensured that the Member States participate equally in these bodies and that the social security institutions have the opportunity to contribute their expertise with regard to their respective national social security legislation appropriately;
Amendment 838 #
2018/0064(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) adopt the rules of procedures of the working groups and panels of the Authoritygency, drawing on the expertise of the national institutions set up in accordance with Article 17(2);
Amendment 5 #
2017/2173(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that, in the aftermath of the financial crisis and Brexit, the European Parliament has acted as a driving force, and that ESMA has a crucial role to play in increasing the consistent application of Union law, promoting better coordination between national authorities and fostering financial stability, transparency, safer financial markets, a high degree of consumer protection and convergent supervisory practices in this area;
Amendment 10 #
2017/2173(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that, in the power to formulate Level 2 and Level 3 measures, attention should be devoted to the specific features of the various national markets and that the market participants concerned should be involved in the process of application sufficiently promptly, as well as in the individual design and implementation stages, as in the past;
Amendment 19 #
2017/2173(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that ESMA should devote more attention to making the most of the resources to carry out its legal mandate in full and should focus on proportionality in all its activities;
Amendment 9 #
2017/2172(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the work of national supervisory authorities and EIOPA is particularly important because the EU insurance market comprises assets totalling some EUR 11 trillion and because, in some Member States, the total assets of insurers far exceed 100% of the country’s GDP;
Amendment 10 #
2017/2172(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. EIOPA shall be required to submit an annual report on the tasks assigned by the legislator and the analyses and work performed at its own initiative;
Amendment 12 #
2017/2172(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Takes exception to the fact that in recent years EIOPA has repeatedly interfered unacceptably with the implementation of primary law and that it has repeatedly demanded evidence and documents from the industry concerned which are not provided for in primary law;
Amendment 13 #
2017/2172(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that cooperation in an atmosphere of trust should be the foundation of relations between EIOPA and national supervisory authorities; stresses that EIOPA must not exceed the terms of the mandate entrusted to it;
Amendment 14 #
2017/2172(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Observes that EIOPA derives 40% of its funding from European Union funds and 60% from direct contributions from the EU Member States; notes that, as a result of the UK’s decision to leave the EU, EIOPA’s budget could be reduced in future;
Amendment 15 #
2017/2172(DEC)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Observes that, since 11 December 2017, the European Court of Auditors has been auditing EIOPA, and in the process of doing so is analysing EIOPA’s supervisory activities and the Authority’s stress tests; welcomes the fact that this audit is one of the priorities of the European Court of Auditors for 2018 and that the detailed audit report will already be published by the end of 2018;
Amendment 10 #
2017/2171(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the role of the EBA in improving the international coordination of supervision between national supervisory authorities, as well as in the consistent application of EU law; emphasises that close cooperation in an atmosphere of trust should be the foundation of relations between the EBA and national supervisory authorities; considers that the EBA should ensure financial security, transparency and better integrated and safer financial markets;
Amendment 14 #
2017/2171(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Highlights the fact that the EBA derives 40% of its funding from Union funds and 60% from contributions from the Member States; recalls that the UK decision to leave the EU could have a negative impact on the budget of the EBA; underlines that the resources made available to the EBA should be used in accordance with clear priorities and a clear focus on the mandate in order to achieve the desired objectives efficiently;
Amendment 15 #
2017/2171(DEC)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recalls, in the context of Brexit, the importance of ensuring a smooth and cost-effective move; observes that, during the transition period, the functioning of the Authority must be ensured, and that in this context there is a need for transparency in dealing with all the parties involved;
Amendment 16 #
2017/2171(DEC)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses that the EBA must use its mandate to promote the principle of proportionality; notes that this includes the adequate, proportionate interpretation and implementation of regulatory requirements with respect to the size of a financial undertaking and the risk profile of its business model; stresses that the EBA must act, in accordance with the mandate given to it by the European legislator, so as to achieve optimal use of resources and achievement of objectives;
Amendment 17 #
2017/2171(DEC)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Welcomes a discussion of the potential long-term transfer of tasks vested in the EBA to the ECB in order to create more effective supervisory structures;
Amendment 18 #
2017/2171(DEC)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Expects the EBA to provide the European Parliament and the Council, on a regular basis, with up-to-date and comprehensive information about its work, in particular in connection with the establishment of binding technical standards, opinions and rules;
Amendment 19 #
2017/2171(DEC)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Suggests that the Commission reconsider and modify the arrangements for financing the EBA by introducing fees for market participants, based on the principle of proportionality; considers that the contributions from national authorities should be reduced; takes the view that the independence of the EBA and the performance of its supervisory tasks must continue to be guaranteed;
Amendment 32 #
2017/2124(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECB has missed its 2 % inflation target in each of the four years since 2013 and forecasts that it will not reach this target before 2020; whereas the low rate of inflation is also the result of low energy prices;
Amendment 106 #
2017/2124(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that, according to Eurostat, average inflation in the euro zone was just 0.2 % in 2016, while inflation excluding energy prices stood at 0.9 %;
Amendment 151 #
2017/2124(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that additional policy measures should be considered in order to move closer and more rapidly towards the inflation objective, including an increase in monthly purchases, the inclusion of equity purchases in the APP and the extension of the TLTRO programme to households through zero-coupon perpetual loans; points to the long-term risks of an overly expansive monetary policy, in particular as regards intended action to combat deflation;
Amendment 164 #
2017/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 174 #
2017/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Asks the ECB to consider complementing its price stability objective with nominal GDP growth targeting; stresses that the paramount objective of the ECB is, in line with its mandate in primary law under the EU Treaties, to ensure price stability and that providing economic policy support is possible only if that mandate remains unchanged;
Amendment 192 #
2017/2124(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that GDP growth in the Eurozone has been modest, standing at 2 % in 2015 and 1.8 % in 2016, and that the Commission’s Spring 2017 Economic Forecast predicts that GDP growth will remain below 2 % until at least 2019; notes that, in 2017, the euro zone countries are on a robust growth path and that there has been a 2.1% rise, year on year, in GDP; stresses that expectations of an economic recovery cannot take the place of structural reforms;
Amendment 211 #
2017/2124(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the positive effect of the ECB monetary policy on growth, employment and the financing costs of Member States, non-financial companies and households; stresses that only sound fiscal policies and structural reforms can ensure sustainable positive economic development;
Amendment 269 #
2017/2124(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 336 #
2017/2124(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges that the current policy of low interest rates has a positive effect on the level of nonperforming loans (NPLs); calls for a European strategy involving a secondary market for NPLs in order to alleviate the burden of NPLs in some Member States; highlights the risks that a lasting policy of low interest rates poses for savings, life insurance and statutory pension schemes;
Amendment 415 #
2017/2124(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the positive opinion of the ECB on the quick establishment of the European deposit insurance scheme (EDIS) as the third pillar of a fully-fledged banking union; stresses that the EDIS will further help to enhance and safeguard financial stability;
Amendment 472 #
2017/2124(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges the ECB to support Greece, for example through ensuring the eligibility of Greek companies for the CSPP and the inclusion of Greek sovereign bonds in the APP; stresses that only corporate bonds with an adequate creditworthiness may be purchased;
Amendment 484 #
2017/2124(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 3 #
2017/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the EIB’s contribution to restoring investment activity in the EU after the economic and financial crises; stresses that the EIB’s activities during the current period of recovery and credit availability must be carefully directed towards products and projects, thereby ensuring additionality; emphasises that expanding the EIB’s financing activities is no substitute for structural reform and consolidated budgets in the Member States;
Amendment 13 #
2017/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to minimise the risk of crowding out the private sector by focusing on long-term financing otherwise unavailable to EIB clients on the markets, or by greater risk-taking, namely by supporting the financing of projects that would not get financed otherwise; supports the EIB’s approach of helping to mobilise private capital by means of loans and guarantees rather than public support in the form of grants;
Amendment 28 #
2017/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that instead of playing a partly anti-cyclical role, the key priority for the EIB should be to focus on areas where markets fail; underlines the need to prioritise innovation-based projects with clear added value for the EU;
Amendment 40 #
2017/2071(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that the EIB can play a positive role in reducing the negative public investment gap, but that its activities should not come into conflict with fiscal rules, as fiscal stability is a key precondition for stable and sustainable economic growth; emphasises that investment, structural reforms and sound budgetary policies must be part of an overall strategy;
Amendment 79 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 75 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions isare to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured, in accordance with legislation and collective agreements.
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 111 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteriaits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 190 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first daye month after the agreed start of the employment.
Amendment 217 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker or employer, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 222 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States or social partners should jointly be able to lay down conditions for incompatibility clauses,restrictions understood as a restriction on working for specific categories of employers, may be necessary for objectiv for legitimate reasons, such as health and safety, the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 230 #
2017/0355(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimum predictability of workith on-demand contracts or similar forms of employment whose work is unpredictable because their work schedule is mostly variable should, where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests or third parties, benefit from a minimum level of stability and predictability with regard to their work.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 259 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration, unless the worker gives notice of termination shortly before the training takes place. In this case, a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 276 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 279 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41evaluation (REFIT)41 conducted under the Commission´s Regulatory Fitness and Performance Programme confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 296 #
2017/0355(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States shouldmay provide for effective, and proportionate and dissuasive penalties for breaches of the obligations under this Directive.
Amendment 301 #
2017/0355(COD)
Proposal for a directive
Recital 36
Recital 36
(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain 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 national or Union legislation 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. As a matter of principle, it should be noted: zero-hour contracts fail to give workers any sense of value. Should such contracts ever be concluded, they should be limited to a few exceptions.
Amendment 321 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union who has an employment contract or employment relationship as defined in law, in collective agreements or by national practice in the Member State concerned.
Amendment 372 #
2017/0355(COD)
Proposal for a directive
Article 2
Article 2
Amendment 373 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 388 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 397 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 461 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable or predictable, the length of the worker's standard working day or week and, any arrangements for overtime and its remuneration, and reasonable advance notice of such work;
Amendment 468 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable or unpredictable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 471 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:Does not affect the English version.)
Amendment 494 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
(n) if appropriate, the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.
Amendment 522 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first daye month after the agreed start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 563 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Changes that merely reflect a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements may be notified by means of a reference to the updated status of those laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 566 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The document referred to in paragraph 1 shall not be required in the case of a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 571 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided by the employer before his or her departure and shall include at least the following additional information:
Amendment 595 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 604 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 609 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension.
Amendment 615 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker or the employer. In the event that the worker is absent from work during the probationary period, Member States may provide for the probationary period to be extended for the length of the absence.
Amendment 623 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2 – point 1 a (new)
Article 7 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such extensions if they jointly request this.
Amendment 636 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer. The employee must immediately notify the employer of any employment in parallel.
Amendment 638 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that workers who are employed in more than one job are subject to the overall minimum safety and health requirements for the organisation of working time as provided for in Directive 2003/88/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 642 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions for the use of incompatibility where such restrictions are justified byrestrictions, namely restrictions on working for specific categories of employers for legitimate reasons, such as health and safety, the protection of business secrets, or the avoidance of conflicts of interests.
Amendment 648 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)
Article 8 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such incompatibility restrictions if they jointly request this.
Amendment 649 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)
Article 8 – paragraph 2 – point 2 a (new)
(2a) The worker is obliged to inform the employer of the nature and scope of other forms of employment.
Amendment 661 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shallmay ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:
Amendment 688 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where one or both of the requirements laid down in the first subparagraph is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.
Amendment 691 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. As a general rule: zero-hour contracts are demeaning to workers. Such contracts should be concluded only in a small number of exceptional cases, if at all.
Amendment 705 #
2017/0355(COD)
Proposal for a directive
Article 10
Article 10
Amendment 711 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shallmay ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available. Member States may limit the frequency of such requests.
Amendment 744 #
2017/0355(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreea bilateral commitments to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker.
Amendment 763 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall leave it to the social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, and, subject to the minimum requirements laid down in this Directive, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. adapt, complement and improve provisions laid down in Chapter III.
Amendment 779 #
2017/0355(COD)
Proposal for a directive
Article 14
Article 14
Amendment 781 #
2017/0355(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 841 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed upon completion of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 842 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed after expiry of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 849 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensationThe penalties provided must be effective and proportionate.
Amendment 862 #
2017/0355(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 878 #
2017/0355(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Transitional provisions and preservation of existing arrangements
Amendment 882 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existingonly to new employment relationships entered into as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 886 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Employment contracts concluded before [entry into force date] shall be exempt.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 34 #
2017/0143(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The introduction of a pan- European Personal Pension Product (PEPP) is not intended to be an existential threat to existing pension products in Member States or call successful national old-age insurance systems into question.
Amendment 66 #
2017/0143(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 70 #
2017/0143(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Organising retirement provision will continue to be solely a Member State responsibility. As regards state, occupational and private pension provision arrangements, Member States will remain solely responsible for definitions, all taxation aspects and their relative importance.
Amendment 71 #
2017/0143(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) This PEPP Regulation erects no barriers for Member States to continue to organise funded old-age pension schemes on a collective basis.
Amendment 73 #
2017/0143(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 161 #
2017/0143(COD)
Proposal for a regulation
Recital 69
Recital 69
Amendment 164 #
2017/0143(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Member States are encouraged to provide an appropriate PEPP framework.
Amendment 222 #
2017/0143(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A PEPP may only be manufactured and distributed in the Union where it has been authorised by EIOPAthe competent national supervisory authority in accordance with this Regulation.
Amendment 224 #
2017/0143(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Authorisation of a PEPP shall be valid in all Member States. It entitles the authorisation holder to manufacture and distribute the PEPP as authorised by EIOPAthe national supervisory authority.
Amendment 230 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) all providers entitled under national law to offer individual pension products and credit institutions authorised in accordance with Directive 2013/36/EU of the European Parliament and of the Council43; __________________ 43 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 305 #
2017/0143(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 307 #
2017/0143(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 485 #
2017/0143(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Such conditions mayshall include in particular the setting of the retirement age, of a mandatory link between reaching the retirement age and commencing the decumulation phase, of a minimum period of belonging to a PEPP scheme, of a maximum period before reaching the retirement age for joining a PEPP scheme, as well as conditions for redemption in case of particular hardship.
Amendment 513 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Three years at the latest after the entry into application of this Regulation, eEach PEPP shall offer national compartments for allone or more Member States upon request addressed to the PEPP provider.
Amendment 522 #
2017/0143(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Without prejudice to the deadline under Article 13(3), PEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saver moves. Should the PEPP saver move to a Member State in which the PEPP provider does not offer a compartment, the provider switching charge shall be no more than EUR 150.
Amendment 688 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e
Article 28 – paragraph 1 – point e
(e) a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolioexplicit transactions costs and other costs, as well as an estimation of the impact of the costs on the final benefits.
Amendment 766 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The default investment option shall ensure capital protection for the PEPP saver, on the basis of a risk-mitigation technique that results in a safe investment strategyon the basis of a risk-mitigation technique that the PEPP saver recoups the capital invested. A mechanism with full capital protection shall not be a mandatory product characteristic of a default investment option. In connection with the default investment option, each provider shall be free to choose the type of risk-mitigation technique concerned.
Amendment 844 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The relevant total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limitedamount to no more than 1.5 %EUR 150 of the positive balance to be transferred to the receiving PEPP provider.
Amendment 858 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. In the light of the differing conditions for tax incentives in Member States, PEPP providers may make available to PEPP savers one or more of the following forms of out-payments:
Amendment 878 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The choice of the form of out- payments for the decumulation phase shall be exercised by PEPP savers upon, following conclusion of a PEPP contract and can be changed once every five years thereafter during, at the end of the accumulation phase, if applicable.
Amendment 111 #
2017/0136(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since the adoption of Regulation (EU) No 648/2012, the volume of CCP activity in the Union and globally has grown rapidly in scale and in scope. The expansion in CCP activity, especially in the context of OTC equity derivatives and currency derivatives as asset classes in the original scope, is set to continue in the coming years with the introduction of additional clearing obligations and the rise in voluntary clearing by counterparties not subject to a clearing obligation. The Commission’s proposal of 4 May 201747 to amend Regulation (EU) No 648/2012 in a targeted manner, to improve its effectiveness and proportionality, will create further incentives for CCPs to offer central clearing of derivatives to counterparties and facilitate access to clearing to small financial and non- financial counterparties. These are the main elements that will ensure the G20 objectives are implemented in full for the sake of greater financial stability in the long term. Deeper and more integrated capital markets resulting from the Capital Markets Union (CMU) will further increase the need for cross-border clearing in the Union, thus further increasing the importance and the interconnectedness of CCPs within the financial system. __________________ 47 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 648/2012 as regards the clearing obligation, the suspension of the clearing obligation, the reporting requirements, the risk-mitigation techniques for OTC derivatives contracts not cleared by a central counterparty, the registration and supervision of trade repositories and the requirements for trade repositories, COM/2017/0208 final.
Amendment 152 #
2017/0136(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To provide for an appropriate level of expertise and accountability, the Head and the two Directors of the CCP Executive SessionChair of the CCP Supervisory Committee should be appointed on the basis of merit, skills, knowledge of clearing, post-trading and financial matters, as well as experience relevant to the supervision and regulation of CCPs. They Chair of the CCP Supervisory Committee should be chosen on the basis of an open selection procedure. The Commission supervisory colleges should submit a proposal for the appointment of candidates to the European Parliament for approval. Following the European Parliament’s approval of that proposal, the Council should adopt an implementing decision.
Amendment 165 #
2017/0136(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) While national competent authorities continue to exercise their current supervisory responsibilities under Regulation (EU) No 648/2012, the prior consent of ESMA should be required for certain decisions in order to promote consistency in the supervision of CCPs throughout the Union. A specific mechanism is introduced for cases of disagreement between ESMA and the national competent authorities. Similarly, in order to ensure the stability of the currency in question and of the financial sector, there is a need to betterclearly reflect the mandates of the central banks of issue concerning their monetary policy responsibilities, due to the potential risks that the malfunctioning of a CCP could pose to the implementation of the monetary policy of the Union and the promotion of the smooth operation of payment systems. Therefore, the prior consent of the relevant central banks of issue should be required on certain decisions, especially those of systemic importance that are critical to the market, envisaged by national competent authorities, in particular when it relates to a CCP’s payment and settlement arrangements and related liquidity risk management procedures for the transactions denominated in that central bank of issue’s currency. Since some decisions will require both the consent of ESMA and of the central bank of issue, disagreements and deadlocks between those two entities should be avoided to the greatest extent possible. Therefore, ESMA and the central bank of issue should coordinate their analysis of the draft decisions proposed by national competent authorities and endeavour to reach a common position. They should avoid proposing mutually inconsistent or incompatible amendments to draft decisions. Where inconsistencies or disagreements nevertheless arise, ESMA and the central bank of issue should attempt to reconcile their views and reach a compromise position within the shortest possible timeframe.
Amendment 172 #
2017/0136(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Chair of the CCP Supervisory Committee shall be a full-time, independent professional. The Chair shall be appointed on the basis of merit, skills, knowledge of clearing, post-trading and financial matters, and of experience relevant to CCP supervision and regulation. The Chair shall be chosen on the basis of an open selection procedure organised by the supervisory colleges, which shall respect the principles of gender balance, experience and qualification. The Chair shall not hold any other office at national, Union, or international level. The supervisory colleges shall provide to the European Parliament a shortlist of candidates for the position of Chair of the CCP Supervisory Committee and shall inform the Council and the Commission of the shortlist. The supervisory colleges shall submit a proposal for the appointment of the Chair of the CCP Supervisory Committee to the European Parliament for approval. Following the approval of that proposal, the Council shall adopt an implementing decision to appoint the Chair of the Supervisory Committee. The Council shall act by qualified majority. Where the Chair of the CCP Supervisory Committee no longer fulfils the conditions required for the performance of his or her duties or has been found guilty of serious misconduct, the Council, having received the consent of the supervisory colleges, may, on a proposal from the Commission which has been approved by the European Parliament, adopt an implementing decision to remove him or her from office. The Council shall act by qualified majority. The European Parliament or the Council may inform the supervisory colleges that they consider the conditions for the removal of the Chair of the CCP Supervisory Committee to be fulfilled, to which the Commission shall respond.
Amendment 339 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Competent authorities shall prepare and submit draft decisions to the central banks of issue referred to in Article 18(2)(h) before adopting any decision pursuant to Articles 14, 15, 20, 42, 44, 46, 47, 48, 50 and 54.
Amendment 443 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point c
Article 25 – paragraph 2 a – subparagraph 1 – point c
(c) the CCP's clearing membership structure as well as the structure of its network of clients and indirect clients;
Amendment 447 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point c a (new)
Article 25 – paragraph 2 a – subparagraph 1 – point c a (new)
(ca) the availability of clearing services in the relevant currencies to clearing members, their clients and indirect clients;
Amendment 479 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 c – subparagraph 1
Article 25 – paragraph 2 c – subparagraph 1
ESMA, in agreement withafter obtaining the consent of the relevant central banks of issue and commensurate with the degree of systemic importance of the CCP in accordance with paragraph 2aafter consulting the ESRB, may conclude that a CCP is of such substantial systemic importance that compliance with the conditions set out in paragraph 2b does not sufficiently ensure the financial stability of the Union or of one or more of its Member States and should not therefore be recognised. In such a case, ESMA shall recommend that the Commission adopt an implementing act confirming that thate CCP should not be recognised in accordance with paragraph 2b. and requiring the CCP to apply for authorisation pursuant to Article 14 to provide the clearing services in question within the Union. ESMA may, in its analysis, identify specific clearing services or activities for which it considers that recognition shall not be granted or extended. The recommendation shall be accompanied by an analysis of all of the following elements: (a) the elements referred to in points (a) to (d) of Article 25; (b) The features of the clearing services provided by the CCP, especially those in the currencies of the Union; (c) the potential consequences of including the outstanding cleared contracts within the scope of the implementing act; (d) the potential consequences, in terms of costs and benefits, of the requirement for the CCP to apply for authorisation in the Union on the Union clearing members, their clients, linked and operable FMIs and Union markets as a whole, in particular as regards the impact of the decision on their competitiveness; (e) the potential impact of a CCP not being required to apply for authorisation in the Union and the impact on the financial stability of the Union or of one or more of its Member States; (f) the existence and nature of liquidity support mechanisms available to the CCP in its home country and the existence of any market mechanisms allowing to spread the risk caused by the CCP.
Amendment 75 #
2017/0121(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to allow more efficient, faster and more numerous roadside checks while reducing the administrative burden on drivers, compliance with Directive 2002/15/EC should be verified in the context of inspections on company premises rather than roadside checks.
Amendment 88 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated legal uncertainty, distortions of competition in the transport sector and high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 102 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators, and ensuring fair competition.
Amendment 126 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Theref; transit journeys are therefore excluded from the scope of this directive. Furthermore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88).
Amendment 168 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
"These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC; measures shall be taken to verify compliance with the rules in accordance with Directive 2002/15/EC on the premises of undertakings.";
Amendment 185 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.";
Amendment 239 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 279 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply Directive 96/71/EC to drivers on transit journeys. Nor shall they apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 287 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3two days during a period of one calendar month.
Amendment 316 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3two days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 359 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixnine hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 373 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixnine hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 387 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(3a) None of the requirements pertaining to cabotage which fall within the scope of this rule falls within the scope of the provisions on long-term posting set out in Article 2a of Directive 96/71/EC as amended by Directive .... [2016/0070(COD)].
Amendment 405 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
(4) Member States may only impose the following administrative requirements and control measures:Does not affect the English version
Amendment 418 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in standardised electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 436 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and, the identities and the current country of residence of posted drivers;
Amendment 490 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 509 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 31 #
2017/0102(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The young people active in the European Solidarity Corps must receive the utmost social recognition.
Amendment 35 #
2017/0102(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The European Union and Member States should undertake on principle to establish arrangements making involvement in the European Solidarity Corps as attractive as possible.
Amendment 51 #
2017/0102(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The solidarity activities offered to young people should be of high quality, in the sense that they should respond to unmet societal needs, contribute to strengthening communities, offer young people the opportunity to acquire valuable knowledge and competences, be financially accessible to young people, and be implemented in safe and healthy conditions. The activities should not be a substitute for corporate social action.
Amendment 103 #
2017/0102(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A quality label should be put in place to ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps Charter, as regards their rights and responsibilities during all stages of the solidarity experience. Obtaining a quality label should be a precondition for participation but should not automatically lead to funding under the European Solidarity Corps. The quality label should take account of the fact that European Solidarity Corps activities should not be a substitute for actual jobs or traineeship places.
Amendment 139 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “solidarity activity” means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual’s personal, educational, social, civic and professional development, which, provided that it does not replace existing jobs or existing traineeship places or offers thereof, may take the form of placements, projects or networking activities, developed in relation to different areas, such as education and training, employment, gender equality, entrepreneurship, in particular social entrepreneurship, citizenship and democratic participation, environment and nature protection, climate action, disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non-food items, health and wellbeing, creativity and culture, physical education and sport, social assistance and welfare, reception and integration of third-country nationals, territorial cooperation and cohesion; however, a clear distinction must be made between solidarity activities and conventional social activities in connection with employment and traineeships; an existing social activity cannot be converted into a solidarity activity;
Amendment 206 #
2017/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) to prevent organisations from turning social responsibility measures into Solidarity Corps measures and, in so doing, from making improper use of funding;
Amendment 75 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of EU work-life balance policies between women and men reinforces gender 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. Furthermore, the availability of high-quality, accessible and affordable childcare facilities has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.
Amendment 105 #
2017/0085(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. This Directive should not undermine successful parental leave models in the Member States, however.
Amendment 130 #
2017/0085(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to fourtwo months the period of parental leave which cannot be transferred from one parent to the other.
Amendment 152 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelveeight years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 168 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative in need of significant care or support owing to a serious medical condition should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, appropriate proof of the serious illness or dependency maymedical condition must be required prior to granting of the leave, in accordance with national law.
Amendment 187 #
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 leaveall be determined with the Member States and/or social partners. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 213 #
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 able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept an employee’s request for flexible working arrangements should lie with the employer. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 256 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposingnot apply to SMEs if its administrative, financial and legal constraints are imposed 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 sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.
Amendment 281 #
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 defined by law, collective agreement and/or practices in force in each Member State.
Amendment 308 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) ‘carers’ leave’ means time-limited leave from work for carers in order to provide personal care or support to a relative in need of care or support owing to a serious medical condition;
Amendment 321 #
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 dependency of a relativeto a relative in need of care or support owing to a serious medical condition;
Amendment 342 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 357 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 408 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelvethe age of eight.
Amendment 419 #
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 fourtwo months of parental leave cannot be transferred.
Amendment 463 #
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 for the application of parental leave to be adapted to the needs of single parents, adoptive parents, parents having a disability and parents with children with a disability or long-term illness.
Amendment 477 #
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 carers' leave of at least five working days per year, per workerin order to provide personal care or support to a relative in need of care or support owing to a serious medical condition. Such right mayust be subject to appropriate substantiation of the medical condition of the worker's relative in accordance with national law.
Amendment 494 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The national system of a Member State which guarantees workers the right to care for relatives may be recognised as carers’ leave in accordance with paragraph 1 if the national system offers a comparable level of protection.
Amendment 521 #
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 equivale, the amount tof what the worker concerned would receive in case of sick leaveich shall be determined by the Member States and/or social partners and which may be subject to a specific national ceiling.
Amendment 542 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelveno more than eight, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 551 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraphs 1 and 3, taking into account the needs of both employers and workers. Employers shall justify any refusal ofThe final say as to whether or not to accept a worker’s request for flexible working arrangements shall rest with the employer. Employers shall inform the worker of the main reasons for refusing such a request.
Amendment 592 #
2017/0085(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 599 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment or dismissal of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 602 #
2017/0085(COD)
Proposal for a directive
Article 12
Article 12
Amendment 640 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall, however, ensure that at least fourtwo months of parental leave remain non-transferable in accordance with Article 5(2).
Amendment 679 #
2017/0085(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Member States may count the portion of a period of parental leave granted under national rules which goes beyond the minimum period laid down in Article 5 of this Directive towards the requirements under Article 4 of this Directive, provided that the minimum requirements concerning paternal leave laid down in this Directive have been met.
Amendment 324 #
2016/2307(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes that a EU social convention should be convened in which representatives of the social partners, the national governments and parliaments and the EU institutions discuss the future and structure of the European social model with public participation and which should end with the adoption of a new European social charter for the 21st century;
Amendment 19 #
2016/2270(INI)
Draft opinion
Recital B
Recital B
B. whereas a number of Member States have been coerced into reducing budget deficits and cutting their social spending, which has undermined public health, education, social security and housing systems; whereas consolidated budgets and structural reforms in the Member States are important components of sustainable economic and social policies;
Amendment 107 #
2016/2270(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that an increase in social transfers and progressive, fair and redistributive tax systems, alongside measures to combat tax avoidance and tax evasion, are prerequisites for economic, social and territorial cohesion; emphasises that tax policy is a Member State matter;
Amendment 127 #
2016/2270(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 71 #
2016/2269(INI)
Motion for a resolution
Recital I
Recital I
Amendment 92 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, erode its legitimacy and can damage trust in the EU as an engine of social progress;
Amendment 121 #
2016/2269(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission and the Member States to evaluate the performance and outcomes of economic policy coordination, taking into account the evolution of social progress and social justice in the EU; warns that the European Semester has not been successful in the achievement of these aims and in reducing inequalities;
Amendment 129 #
2016/2269(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 141 #
2016/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its call for the establishment of an authentic European Pillar of Social Rights and the building of a deeper and fairer social dimension of the EMU, with the necessary legislative, institutional and financial means being devoted toWelcomes the continued development of a social dimension of the EMU, which can help guaranteeing true social progress;
Amendment 161 #
2016/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 251 #
2016/2269(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a common approach across Member States regarding the introduction of a Mon the Member States, when introducing minimum Iincome Scheme, in orders, to support people with insufficient income, ease access to fundamental services, combat poverty and foster social integration;
Amendment 260 #
2016/2269(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to establish a European Unemployment Insurance scheme, complementing current national benefit systems; considers that such an automatic stabiliser can play an important role in reducing inequality between countries and in neutralising the consequences arising from the absorption of asymmetric shocksRejects the creation of a European Unemployment Insurance scheme;
Amendment 269 #
2016/2269(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to set up a living wage index for each Member State and to recommend the establishment, through legislation or collective bargaining, of national wage floors with the involvement of social partners that should be the basis for binding targets in national reform plansadhere strictly to the subsidiarity principle in all matters relating to wage determination;
Amendment 282 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that regressive labour market reforms have weakened the representation and bargaining power of labour, undermined the fairness of collective bargaining relations, and increased the inequality of labour with respect to capital; expresses its concern at the repercussions of these labour market reforms on increased precarious working conditions and lower wagare still urgently needed in some Member States;
Amendment 298 #
2016/2269(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that, in many countries, the welfare and social protection systems have been severely undermined by austerity mof many countries in Europe feastures with huge consequenc among the best in terms of income inequalitiehe world in international comparisons;
Amendment 334 #
2016/2269(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Affirms that universal access to public, solidarity-based and adequate retirement and old-age pensions must be granted to all; calls on the Commission to support Member States in strengthening public and occupational pension systems to provide an adequate retirement income well above the poverty threshold and to allow pensioners to maintain their standard of living;
Amendment 367 #
2016/2269(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States and the Commission to facilitate a common approach towards a National Child Basic Incomechild social security benefits to ensure that every child receives a minimum incomesocial security benefits, thereby helping to achieve the goals of the Europe 2020 Strategy on reducing poverty and the risk of social exclusion;
Amendment 377 #
2016/2269(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to complete its work-life balance legislative package with two essential initiatives: a proposal for a new Maternity Leave Directive renewing these rights and, such as a new proposal for a directive on long-term care and carers;
Amendment 34 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard, atypical forms of employment have been emerging, whereby the number of workers with – often involuntary – fixed termed and part- time contracts has increased considerably in the EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms ofin some sectors atypical forms of employment are also to be found alongside standard employment, and; whereas, if this trend continues, it is likely that the risk diversity, flexibility and security are of pgrecariousness will increase8; __________________ 8Study precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/e tudes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdfat importance for workers and employers; for the EMPL Committee on
Amendment 53 #
2016/2221(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the new forms of employment that are emerging are blurring the boundary between dependent employment and self-employment9, leading to a decline in the quality of employment and thewhich can lead to a rise ofin bogus self- employment; __________________ 9 ILO report of 2016 on Building a social pillar for European convergence.
Amendment 64 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas increases in employment rates mask the insufficient and socially inadequate response to the economic crisis, promoting precarious forms of employment such asshould be judged positively; whereas, as a result of the economic crisis, zero- hour contracts, bogus self-employment and involuntary part-time jobs, which do not provide workers with either a decent living or full labour rights have increased;
Amendment 75 #
2016/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas part-time employment had never declined since the crisis, and full- time employment is still below its 2008 pre-crisis level; whereas in the second quarter of 2016, there was an increase of 3.1 million in the number of people working full-time inand the second quarter of 2016 remained 2.5 % below the figure forunemployment rate in the EU reached the lowest level (8.6%) since March 20089, while part-time employment increased by 11.1 % in the same period10; __________________ 10 ESDE Quarterly Review autumn 2016. ESDE Quarterly Review autumn 2016.
Amendment 77 #
2016/2221(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a European platform for combating undeclared work has already been set up, enabling closer cross-border cooperation and joint action between the competent authorities of the EU Member States and other stakeholders in order to combat undeclared work effectively and efficiently;
Amendment 93 #
2016/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands standard employment to mean full-time, regular employment on the basis of fixed-term or open-ended contracts, and non-standard; underscores the meaningfulness orf atypical forms of employment to include, i.a., marginalsuch as part-time work, temporary agency work, fixed-term contract work, zero-hour contracts, internships that are not part of an education programme, and informal or undeclared work and seasonal work on the basis of non-discriminatory contracts; stresses that such forms of employment make it easier to reconcile personal lifestyles with working life and provide security for both entrepreneurs and workers; stresses that the terms atypical and precarious cannot be used synonymously, and that only precarious, atypical employment and precarious, standard employment are to be viewed critically from a social-policy and socio- political perspective;
Amendment 109 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Understands precarious work to mean, as a minimum definition, a non- employment which does not comply with European and national standards, atypical form of employment having any of the following characteristics:in particular on health and safety at work, and / or which does not provide sufficient resources for a decent life or adequate social protection;
Amendment 117 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 127 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 134 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 141 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 144 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 150 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 6
Paragraph 2 – indent 6
Amendment 154 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 7
Paragraph 2 – indent 7
Amendment 170 #
2016/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that decent work should specifically guarantee coverage by collective agreements, and security of collective bargaining, equal pay for equal work in the same place, and protection of the workers’ families, while supporting the work-life balance for all workers;
Amendment 184 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standardew forms of employment tre, ands that this trend will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decent;
Amendment 211 #
2016/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection for workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without fear;
Amendment 232 #
2016/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of labour inspectorates and the social partners in safeguarding workers’ rights, defining decent wages and incomes in accordance with Member States’ laws and practices, and in providing consultation and guidance to employers and workers; strongly underlines that labour inspectorates should focus on the goal of monitoring and improving working conditions, and should not be used as migration control mechanisms; strongly condemns the practice of companies to employ migrants without securing their full rights and benefits;
Amendment 248 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter;
Amendment 287 #
2016/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the decrease in collective bargaining and the coverage of collective agreements; calls on the Commission and the Member States to promote strategic policies of universal coverage of workers under collective agreements, safeguarding, at the same time, the role of the trade unions and employers as social partners;
Amendment 44 #
2016/2101(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that economic growth should guarantee a positive social impact; welcomes the introduction of the three new headline socialemployment indicators in the macroeconomic imbalances procedurescoreboard; reiterates the call for these to be placed on an equal footing with existing economic indicators in order to avoid a selective application and to allow triggering in-depth analyses, thereby guaranteeing that Member State internal imbalances are better assessed and making structural reforms more effective; calls, in this connection, for a social imbalances procedure to be introduced;
Amendment 129 #
2016/2101(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for account to be taken of the challenges that have been emerging in the EU since 2015, which have required serious adaptation efforts; calls on the Commission not to apply any sanctions to the Member States in 2016;
Amendment 105 #
2016/2099(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that in 2015 the EIB provided EUR 1.35 billion for investment in projects across Greece; notes that the EIB has provided more than EUR 12 billion for investment in Greece since the beginning of the crisis; emphasises that expanding the EIB’s financing activities is no substitute for consolidated budgets and structural reforms in the Member States;
Amendment 113 #
2016/2099(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the EIB to increase its support to EU countries under adjustment programmes in order to contribute to jump- starting their economies; welcomes the fact that the EIB has responded to the sovereign debt crisis by expanding its activities significantly and has substantially increased its investment activity in the countries worst affected;
Amendment 122 #
2016/2099(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that investment financing should be increased in the industrial sector, especially where exports are concerned, because without a considerable increase in exports the probability of a successful conclusion to an adjustment programme will be diminished; emphasises that the EIB should give priority to innovation- based projects which offer clear added European value;
Amendment 161 #
2016/2099(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that the EIB should take special care to ensure that the network of financial intermediaries that it has developed remains trustworthy and is in a position to finance dynamic and competitive SMEs in an effective way; welcomes the greater emphasis that the EIB is placing on supporting small and medium-sized enterprises; calls on the EIB to cooperate more closely with regional public institutions with a view to optimising the financing possibilities for SMEs;
Amendment 92 #
2016/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union needs a paradigm shift towards a strong European social model based on solidarity, social justice, a fair distribution of wealth, gender equality, a high-quality public education system, quality employment and sustainable growth - a model that ensures good social protection for all, empowers vulnerable groups, enhances participation in civil and political life, and improves the living standards for all citizens, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 140 #
2016/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission is expected to come forward in the spring of 2017 with a proposal for a binding European Pillar of Social Rights and thus begin an intensive discussion process on the details of a strong European social model;
Amendment 155 #
2016/2095(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas a EU social convention should be convened in which representatives of the social partners, the national governments and parliaments and the EU institutions discuss the future and structure of the European social model with public participation and which should end with the adoption of a new European social charter for the 21st century;
Amendment 181 #
2016/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that the smallest, small and medium-sized enterprises are the driving force behind jobs in the Union and therefore form the justification for a social AAA; calls for SMEs to do away with bureaucracy on a large scale in order to strengthen their international competitiveness and power of innovation;
Amendment 248 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactment of a directive on fair working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, in particular with regard to a common weekly day of rest recognised by tradition and custom in the member states or regions1a, freedom of association and representation, collective bargaining, collective action, access to training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workers in non-standard forms of employment, such as fixed-term work, part-time work, on-demand work, self-employment, crowd-working, internship or traineeship; requests that the EU acquis be updated accordingly so as to apply to all workers; __________________ 1a This notion refers to the Social Charter of the Council of Europe: ‘to ensure a weekly rest period which shall, as far as possible, coincide with the day recognised by tradition or custom in the country or region concerned as a day of rest’ (Council of Europe, Social Charter, Art 2. 5, 1961 as well as in the revised version 1996).
Amendment 263 #
2016/2095(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to assess the working conditions for all forms of employment in the Member States and where necessary to identify problems and put forward suggestions in every country in order to solve them;
Amendment 266 #
2016/2095(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. calls for the subsidiarity principle to be upheld in social policy;
Amendment 354 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that the definition of ‘independent’ must apply beyond national policy;
Amendment 362 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; calls on the Commissionsocial partners to actively support a wider coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respective national average wage;
Amendment 400 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the right to healthy and safe working conditions also involves limitations on working time and provisions on minimum rest periods, in particular with regard to a common weekly day of rest recognised by tradition and custom in the Member States or region and annual leave; awaits Commission proposals for legislation and other concrete measures to uphold this right for all workers, reflecting all current knowledge about health and safety risks;
Amendment 402 #
2016/2095(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses its firmly held belief that protecting a work-free Sunday or other work-free day in line with national traditions must be laid down in the EU Working Time Directive;
Amendment 432 #
2016/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports strengthening social dialogue at all levels - regional, national, European and international; regards successful social dialogue as the core component of the European social model;
Amendment 484 #
2016/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is aware that rising life expectancy and workforce shrinking pose a challenge to the sustainability of pensions systems and to intergenerational fairness; reaffirms that the best response is to increase the overall employment rate; considers that pensionable ages should reflect, besides life expectancy, other factors including labour market trends, the economic dependency ratio, the birth rate and differences in job arduousness;
Amendment 508 #
2016/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that all workers should be covered by insurance against involuntary unemployment or part-time unemployment, coupled with job-search assistance and investment in (re)-training;
Amendment 533 #
2016/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for a European framework for minimum income schemes; highlights the importance of such schemes for maintaining human dignity as well as their role as a form of social investments enabling people to undertake training and/or look for work;
Amendment 630 #
2016/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for legislation ensuring fair access for all to good-quality and affordable social services of general interest and other essential services, such as e-communications, energy, transport and financial services; highlights the role of social enterprises;
Amendment 655 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a Skills Guarantee as a new right for everyonIs in favour of everyone being able to acquire fundamental skills for the 21st century, including digital literacy; highlights this as an important social investment, requiring adequate financing;
Amendment 692 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
a. social insurance schemes must be broadened in order to enable all workers to accumulate entitlements providing income security in situations such as unemployment, involuntary part-time work or career breaks for family or training reasons;
Amendment 756 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – point b
Paragraph 22 – point b
Amendment 944 #
2016/2095(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls, in the context of the European Semester, for existing key indicators to be taken into account in formulating CSRs and the euro area recommendation as well as for the activation of EU instruments; urges a stronger role for the Macroeconomic Dialogue with social partners;
Amendment 950 #
2016/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 1039 #
2016/2095(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 5 #
2016/2063(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s latest spring forecast issued in May 2016, euro area real growth is expected to be modest – 1.6 % in 2016 and 1.8 % in 2017, following 1.7 % in 2015; whereas, against the backdrop of the United Kingdom's likely exit from the European Union, the ECB is warning of a decline in euro area growth of up to half a percentage point over the next three years;
Amendment 12 #
2016/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, according to the same forecast, unemployment in the euro area is expected to record a slow decrease, from 10.9 % at the end of 2015 to 9.9 % at the end of 2017; whereas Brexit could have an adverse impact on employment levels in the euro area; whereas disparities between the unemployment rates of the Member States continued to widen in 2015, with figures ranging from 4.6 % in Germany to 24.9 % in Greece;
Amendment 15 #
2016/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, again according to the same forecast, the government deficit in the euro area is expected to gradually decline from 2.1 % in 2015 to 1.9 % in 2016 and 1.6 % in 2017 and the debt-to- GDP ratio is also forecast to decline for the first time since the beginning of the crisis, even though there are still four euro area countries involved in the Commission’s excessive deficit procedure: France, Spain, Greece and Portugal; whereas Cyprus, Ireland and Slovenia have implemented macroeconomic adjustment programmes which have enabled them to reduce their respective deficits to less than the threshold of 3 % of GDP;
Amendment 18 #
2016/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, according to the same forecast, the euro area will continueis expected to exhibit an external surplus, of around 3% of GDP of 3.2 % of GDP in both 2016 and 2017; whereas Brexit may have an adverse impact on the EU's trade balance, given that the UK is one of the euro areas main trading partners;
Amendment 22 #
2016/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, according to the ECB projection of March 2016, the average inflation rate in the euro area, after being nil in 2015, will remain close to this level in 2016 (0.2 %) and reach 1.2 % in 2017 and 1.6 % in 2018; whereas in June 2016 the ECB's economists lowered their forecasts for core inflation growth;
Amendment 36 #
2016/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the inflation target is getting harder to reach owing to consolidation of demographic trends, continuing low energy prices and the full impact of trade globalisation on a high- unemployment European society;
Amendment 43 #
2016/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas this programme has since been upgraded, with the asset purchase scheduled to run until March 2017 for a total amount which should be close to EUR 1.74 trillion, and the list of eligible assets has been enlarged to include corporate bonds;
Amendment 53 #
2016/2063(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the ECB is offering banks incentives to grant loans and, with that aim in view, is carrying out a further series of targeted longer-term refinancing operations (TLTRO-II);
Amendment 65 #
2016/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the euro area continues to suffer from a high, but slowly falling, level of unemployment and excessive low inflation and that, in addition, the euro area is facing a very low level of productivity growth, which is the result of the lack of investment since the beginning of the crisis; notes that the level of investment is still some 10 percentage points below what it was before the crisis; notes that the high level of public debt and the huge number of non- performing loans in the banking sector in some Member States are still fragmenting the euro area financial market, thus reducing room for manoeuvre to support the most fragile economies; emphasises that sound fiscal policies and structural reforms are the only way of bringing about sustainable economic improvements in these Member States;
Amendment 80 #
2016/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that, confronted within the light of this very complex environment and the risks of a prolonged period of low inflation, the ECB was within the terms of its mandate in adopting extraordinary measures to lift inflation back up to the medium-term objective of 2 %measures taken by the ECB to increase the inflation rate to 2 % in the medium term are consistent with the terms of its mandate, as laid down in Article 127 TFEU, and therefore not illegal, as confirmed by the judgment of the German Federal Constitutional Court of 21 June 2016 (2 BvR 2728/13 - Rn. 1- 220); notes that, since the launching of the APP in March 2015, and owing to targeted long-term refinancing operation (TLTRO) programmes targeted at the real economy, financialng conditions have improved, slightly; which has promoted a recovery in lending to firms and households in some Member States in the euro area;
Amendment 95 #
2016/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the APP would have an even higher impact on the European economy if it had a higher share of EIB bond buying, particularly related to the TEN-T and TEN-E (projects with proven added European value in social and economic terms), and SME securitised loans, or if the ECB were able to buy Member States’ public debt directly linked to investment and research expenditure on the secondary markets; believes that in order to choose the eligibility of public debt assets for the APP, the Eurosystem should assign a complementary credit rating in addition to those assigned by private agencies;
Amendment 113 #
2016/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with ECB President Mario Draghi that the single monetary policy cannot stimulate aggregate demand unless it is complemented by sound fiscal policies and ambitious structural reform programmes at Member State level; recalls that the main benefit of monetary policy is to safeguard price stability in order to guarantee a stable environment for investmentemphasises that, in accordance with its mandate laid down in primary law in the EU Treaties, the ECB's main aim must be to safeguard price stability; points out that supporting EU economic policy necessarily represents a departure from that mandate; considers that monetary policy is not the appropriate tool to solve the structural problems of the European economy; emphasises that the expected economic recovery is no substitute for essential structural reforms;
Amendment 131 #
2016/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that structural reforms in the economy and the labour market should also fully take into account the demographic trends in Europe, in order to create incentives for a more balanced demographic structure that would make it easier to maintain an inflation target of around 2 %; points up the risk of negative investment expectations where demographic trends are unfavourable;
Amendment 137 #
2016/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes, however, that even though the impact of unconventional measures has been significant, inflation is not expected to converge to the 2 % medium-term objective at the 2017 horizon; notes that the current recovery in bank and market lending has not wholly produced the expected effect on the existing investment gap in the euro area so far; stresses that a lack of investment is caused not only by a lack of access to funding, but also by low demand for credit;
Amendment 147 #
2016/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the existing, albeit gradually decreasing, gaps between the financing rates granted to SMEs and those granted to bigger companies, between lending rates on small and large loans, and between credit conditions for SMEs located in different euro area countries, but recognises the limits of what monetary policy can achieve in this respect; points up the risk, moreover, of possible further distortions of competition as a result of ECB corporate bond buying on the capital market, in which SMEs do not participate;
Amendment 155 #
2016/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that a prolonged period of ultra-low (negative) interest rate policy creates potential risks for financial stability and ultimately the whole economy, in particular for private savings and pension and insurance funds; warns that a decline in the profitability of banks will dampen their willingness to develop lending activity; points particularly to the negative effect of such an interest rate policy on local and regional banks and savings banks with little funding from financial markets, and to risks in the insurance sector;
Amendment 158 #
2016/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Understands the reason why negative rates have been implemented, but remains very concerned about the potential consequences of negative interest rate policy for individual savers and the financial equilibrium of pension schystemes; believes that owing to demographic trends and cultural preferences for saving, these negative effects onis very concerned at the fact that, inc some may lead to an increase in the household saving rate, which could be detrimental to domestic demand in the euro areaMember States, longer-term savings interest rates are below inflation rates;
Amendment 177 #
2016/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the ECB to carefully assess the risks of a future resurgence of housing bubbles owing to its ultra-low (negative) interest rate policy, especially in the light of much increased lending volumes and disproportionately high prices in the property sector, particularly in big cities, and to design specific macroprudential recommendations in this regard, not least to dispel fears of a negative impact as a result of socioeconomic structural change;
Amendment 190 #
2016/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the existence of distributional consequences of the ECB policies, which can be perceived as increasing inequabut believes that the politcies, but believes that the ECB policies of the ECB, within its mandate under the Treaty, are the right ones to lower the costs of credit for citizens and SMEs and enhance employment in the euro area;
Amendment 205 #
2016/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the fact that some Member States are using the ultra-low (negative) interest rate policy as a pretext to defer the necessary consolidation of their primary public deficits and necessary structural reforms, particularly at central government level;
Amendment 216 #
2016/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the publication of the minutes of the Council meeting and the decision to disclose the agreements on net financial assets (ANFA) between the ECB and the national central banks; encourages the ECB to pursue its transparency effort; hopes that in the near future the minutes will incorporate information on who made each statement;
Amendment 229 #
2016/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the independence of the ECB for the conduct of monetary policy, as enshrined in the Treaties, and of national central banks, under Article 130 TFEU, is crucial to the objective of safeguarding price stability; asks all governments to avoid statements questioning the role played by the institution within its mandate;
Amendment 37 #
2016/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that there is no need for new provisions on groundhandling services at airports;
Amendment 47 #
2016/2061(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is convinced that a humane society must necessarily be based on the principle of solidarity between the generations;
Amendment 58 #
2016/2061(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Defines intergenerational justice as the equal distribution of benefits and burdens between the generations; considers that effective cooperation between the generations is based on solidarity and must be informed by mutual respect, responsibility and a willingness to care for one another;
Amendment 92 #
2016/2061(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the fact that people’s patterns of employment are becoming increasingly uneven and insecure as a result of temporary work, the greater prevalence of short-term contracts, marginal employment and unemployment;
Amendment 96 #
2016/2061(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that demographic change should not be advanced as a justification for the dismantling of social entitlements and benefits;
Amendment 100 #
2016/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls forTakes the view that a public minimum pension not related to previous working life; stresses the importance of shifting towards individual, rather than family- related, pension entitlementoffers protection against poverty in old age; emphasises, however, that any decision to introduce such a pension and on its amount can only be taken by the Member States;
Amendment 114 #
2016/2061(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the important role played by the social partners in the discussion of issues relating to the minimum wage and strict compliance with the subsidiarity principle;
Amendment 132 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Member States to increase minimum wages as an important tool for narrowing pension gapEmphasises that national minimum wages can narrow pension gaps; stresses, however, that the decision to introduce such a pension and on its amount can only be taken by the Member States;
Amendment 147 #
2016/2061(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that the subsidiarity principle must be strictly applied in the area of pensions as well;
Amendment 19 #
2016/2038(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ‘Panama Papers’ and ‘LuxLeaks’ scandals, as revealed by the International Consortium of Investigative Journalists (ICIJ), have shown the urgent need for the EU and its Member States to fight tax evasion and, aggressive tax planning and tax avoidance and act for increased cooperation and transparency in order to re-establish tax justice;
Amendment 25 #
2016/2038(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the scale of tax evasion and avoidance is estimated by the Commission to be EUR 1 trillion19 a year, while the OECD estimates20 the revenue loss at global level to be between 4 % and 10 % of all corporate income tax revenue, representing between EUR 75 and EUR 180 billion annually, at 2014 levels; whereas these are only estimates and the actual figures might be even higher; whereas the costs to society of such practices are evident; whereas tax fraud, tax evasion and aggressive tax planning, which are indicative of a lack of solidarity, erode the tax base of Member States and thereby lead to loss of tax revenues and substantial damage to national economies; __________________ 19 http://ec.europa.eu/taxation_customs/taxati on/tax_fraud_evasion/a_huge_problem/ind ex_en.htm, European Commission, 10 May 2016. 20 Measuring and Monitoring BEPS, Action 11 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project.
Amendment 38 #
2016/2038(INI)
Motion for a resolution
Recital C
Recital C
C. whereas small and medium-sized enterprises (SMEs) are the primary job creators in Europe, having created around 85 % of all new jobs in Europe21 during the last five years; whereas the Commission has stated that SMEs pay on average 30 % more in tax than multinational enterprises (MNEs); whereas aggressive tax planning is primarily practised by multinational undertakings; whereas this seriously distorts competition, leads to loss of jobs in the Union and hinders sustainable growth; __________________ 21 http://ec.europa.eu/growth/smes/, European Commission, 10 May 2016.
Amendment 69 #
2016/2038(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some specific tax jurisdictions actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the corporate tax rate in some jurisdictions is close or equal to zero per cent; whereas tax should be levied in the place where profits are generated and value is added; whereas the complexity of different tax systems creates a lack of transparency which is globally harmful;
Amendment 88 #
2016/2038(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the existing legislation of some jurisdictions does not ensure good governance or respect of international standards as regards final beneficiaries and transparency; whereas in some tax jurisdictions the tax authorities do not have sufficient financial and staff resources to administer taxation effectively;
Amendment 92 #
2016/2038(INI)
Motion for a resolution
Recital K
Recital K
K. whereas some Member States have prepared their own lists of uncooperative jurisdictions; whereas there are big differences between these lists as to how uncooperative jurisdictions or tax havens are defined or assessed; whereas the OECD’s list of uncooperative jurisdictions has not proved effective; whereas a common Union-wide list of uncooperative jurisdictions is still lacking; whereas in the taxation package of 17 June 2015 the Commission published a list of uncooperative tax jurisdictions, established following a ‘common denominator’ approach on the basis of lists existing at national level;
Amendment 529 #
2016/2038(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Notes that the Panama Papers scandal has documented systematic use of shell companies by private citizens in order to conceal taxable assets, although this specific issue could not be dealt with sufficiently within the mandate or timeframe of the Special Committee; is of the firm conviction that this subject must be addressed swiftly by Parliament, and therefore welcomes the establishment, with a 12-month remit, of a committee of inquiry into the Panama Papers;
Amendment 2 #
2016/0414(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associrelated financing of terrorism and organised crime remain very significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threateningeconomic activity. The opportunity for money laundering and the very fact of money laundering itself endangers the internal security and the internal market of the Union and destroys trust among market players. In order to tackle thoseese serious problems and also reinforce the application of Directive 2015/849/EU34, this Directive aims to tackle money laundering by means of criminal law, allowing for better, faster and more efficient cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
Amendment 18 #
2016/0414(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down in a catalogue minimum types and minimum levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA378 or where the perpetrator abused their professional position to enable money laundering, Member States should make effective providesion for aggravating circumstances in accordance with the applicable rules established by their national legal systems and should make arrangements for its effective implementation. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42).
Amendment 25 #
2016/0414(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing, at the time of receipt, that such property or subsequently, or having the possibility of coming to know, that it was derived from criminal activity or from an act of participation in such an activity.,
Amendment 33 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. EachThe Member States shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionatperpetrators of the criminal activities referred to in Articles 3 and 4 are subsequently prosecuted and punished and that the punishments will have and dissuasive criminal penaltieeffect on imitators.
Amendment 38 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least fourthree and a half years, at least in serious cases.
Amendment 47 #
2016/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
(c) the criminal activity was committed and funded by offshore companies; letterbox companies are involved in the criminal acts; illegal transfers of funds have taken place; money couriers and NGOs have been involved; there is a presumption of a professional activity as a money launderer if the person concerned is, for example, active in more than two money laundering syndicates or criminal groups.
Amendment 65 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Each Member State shall ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4. The Member States shall ensure, as soon as possible, the availability of the requisite material resources and personnel who are properly trained to pursue the investigations so that these may be conducted without delay. This is especially important to ensure effective cooperation between the relevant authorities in each country and the participating authorities in other Member States affected, as well as the EU institutions.
Amendment 94 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing exclusively new legislative, or regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 99 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States ,restricting access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling which fallwithin the scope of Directive 2005/36/EC.
Amendment 113 #
2016/0404(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 122 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
Amendment 126 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 130 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 138 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 158 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 168 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authorities shall consider in particular:deleted
Amendment 174 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 181 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 187 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 196 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 201 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 202 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
Amendment 206 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point g
Article 6 – paragraph 2 – point g
Amendment 209 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 214 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
Amendment 222 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
Amendment 227 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 234 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 241 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:deleted
Amendment 245 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
Amendment 250 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 254 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
Amendment 258 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
Amendment 261 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
Amendment 264 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point f
Article 6 – paragraph 4 – point f
Amendment 267 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point g
Article 6 – paragraph 4 – point g
Amendment 270 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point h
Article 6 – paragraph 4 – point h
Amendment 273 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
Amendment 277 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j
Article 6 – paragraph 4 – point j
Amendment 307 #
2016/0404(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 62 #
2016/0397(COD)
Draft legislative resolution
Citation 5
Citation 5
— having regard to the opinion of the European Economic and Social Committee of 75 July 20171, __________________ 1 OJ C 345, 13.10.2017, p. 85.
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 128 #
2016/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
Amendment 132 #
2016/0397(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect oforder to amending the Annexes to this Regulation and to Regulation (EC) No 987/2009, and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.36 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 36 OJ L 123, 12.5.2016, p. 1–14. OJ L 123, 12.5.2016, p. 1–14.
Amendment 134 #
2016/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 160 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 161 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
(2a) Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under theacross different national legislationaw for the persons concerned.
Amendment 165 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5a
Recital 5a
Amendment 168 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5b
Recital 5b
Amendment 171 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5c
Recital 5c
Amendment 173 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 d (new)
Recital 5 d (new)
(5d) In applying the general principle of equal treatment provided for in this Regulation, the Court of Justice of the European Union held, in its judgments in cases C-140/12 Brey, C-333/13 Dano, C- 67/14 Alimanovic and C-299/14 Garcia- Nieto, that equal treatment may, as regards the access to special non- contributory cash benefits, which also constitute social assistance within the meaning of Directive 2004/38/EC, be subject to the limitations and the conditions set out in Article 24 of that Directive. In order to improve legal clarity for citizens of the Union and Member States’ institutions, that case-law should be codified. Limitations to equal treatment should respect Union law, including the principle of proportionality as interpreted by the Court of Justice.
Amendment 174 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(5e) The Court of Justice held, in its judgment in case C-308/14, European Commission v. United Kingdom of Great Britain and Northern Ireland, that Member States may, in conformity with Union law, including the principle of proportionality, make the access of persons covered by Article 11(3)(e) of this Regulation to non-contributory social security benefits covered by Article 3 thereof, subject to the condition that those persons have a legal right of residence in accordance with Directive 2004/38/EC. As stated by the Court, the verification of the legal right of residence should be carried out in accordance with the requirements of Directive 2004/38/EC. In order to improve legal clarity for Union citizens and Member States’ institutions, that case-law should be codified.
Amendment 175 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Regulation (EC) No 883/2004
Recital 5 f (new)
Recital 5 f (new)
(5f) It is necessary to ensure that Union citizens are not treated less favourably than other persons who fall within the scope of this Regulation. The limitations to equal treatment introduced in this Regulation should therefore, without prejudice to rights of equal treatment provided for in other Union law, apply mutatis mutandis to those other persons.
Amendment 178 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) LIn line with the case-law of the Court of Justice of the European Union, long-term care benefits for insured persons and members of their families need to be coordinated according to specific rules which, in principle,should, in principle, continue to be coordinated following the rules applicable to sickness benefits, in line with the case law of the Co. However, those rules should take into account the specific naturte of Justicelong- term care benefits. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 182 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
Recital 35a
(35a) Family benefits in cash intended to replace income during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of membersor the purpose of calculating the differential supplement, this Regulation should take into account the judgement of the Court of Justice in Case C-347/12, Wiering, while providing for the necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two types of family benefit should not be of the fsamily should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIIIe kind and should be distinguished on the basis of their main purpose, objectives and the basis on which they are granted.
Amendment 186 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 b (new)
Recital 35 b (new)
(35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State.
Amendment 188 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 c (new)
Recital 35 c (new)
(35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
Amendment 192 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
Recital 46
(46) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect of amending the Annexes to this Regulation and to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.43 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 43 COM(2015) 216 final. COM(2015) 216 final.
Amendment 194 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 47
Recital 47
(47) This Regulation respects the fundamental rights and observes the principles recognised inby the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the right to property (Article 17), the right to non-discrimination (Article 21), the rights of the child (Article 24), the rights of the elderly (Article 25), integration of persons with disabilities (Article 26), the right to family and professional life (Article 33); the right to social security and social assistance (Article 34), the right to health care (Article 35) and the right to freedom of movement and residence (Article 45); and has to be implemented in accordance with those rights and principle and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 207 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
(a) In Point (c) the term “Title III, Chapters 1 and 3” is replaced by the term “Title III, Chapters 1, 1a and 3”.is replaced by the following: “(c) ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits for at least one of the risks covered by the Chapter which has to be applied, in accordance with this Regulation.”
Amendment 211 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Ppoint (i)(1)(ii) after the term “Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., point (ii) is replaced by the following: "(ii) with regard to benefits in kind pursuant to Title III, Chapter 1 any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;”
Amendment 216 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
(c) In Point (va)(i) after the term “, point (i) is replaced by the following: “(i) for the purposes of Title III, Chapter 1, with regard to (sickness, maternity and equivalent paternity benefits),” the term “and Chapter 1a (long-term care benefits)” is inserted and the last sentence is deleted., (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind within the meaning of point (vb) of this point.”
Amendment 220 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EC) No 883/2004
Article 1 – point vb
Article 1 – point vb
(vb) “long-term care benefit” means any benefit in kind, cash or a combination of both for persons who, over an extended period of time, on account of old-age, disability, illness or or in cash, the purpose of which is to address the care needs of a person who, on account of impairment, require considerables assistance from another person or persons to carry out essential daily activities, including of daily living for an extended period of time in order to support this/heir personal autonomy; this includes benefits granted to or forfor the same purpose to the person providing such assistance;
Amendment 224 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 227 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 883/2004
Article 3 – paragraph 1 – point ba
Article 3 – paragraph 1 – point ba
Amendment 230 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 239 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 241 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) 883/2004
Article 4 a (new)
Article 4 a (new)
11a. The following article is inserted: “Article 4a Limitations to equality of treatment for persons not having a legal right of residence under Union law 1. By way of derogation from Article 4 of this Regulation, a Member State whose legislation is applicable on the basis of Article 11(3)(e) of this Regulation may, in accordance with Union law, provide for access to [non-contributory social security benefits covered by Article 3] to be subject to the condition of having a legal right of residence in accordance with Directive 2004/38/EC. 2. Member States may apply the limitations referred to in paragraph 1 mutatis mutandis to stateless persons and refugees as well as to the members of their families and to their survivors who do not fulfil the conditions of legal residence or stay in accordance with other relevant Union law.”
Amendment 243 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 883/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
(a) In pParagraph 2 the term “sickness benefits in cash covering treatment for an unis replaced by the following: “2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalimdited period” is replaced by the term “y, old age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to long-term care benefits in cash”. paid to the person in need of care.”
Amendment 245 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a (new)
Article 1 – paragraph 1 – point 12 – point a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(aa) In paragraph 3, point (c) is replaced by the following: “(c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence or of the State of his or her most recent activity as an employed or self-employed person shall be subject to the legislation of that Member State;”
Amendment 248 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 883/2004
Article 11 – paragraph 5
Article 11 – paragraph 5
5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued exclusively in the Member State where the home base, as defined in Annex III, Subpart FTL to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and the Council as amended by Commission Regulation (EU) No 83/2014/EU of 29 January 201445, is located. __________________ 45Where there is no home base, or where there are several home bases, the individual shall be subject to the law applicable in accordance with Article 13. __________________ 45 OJ L 28, 31.01.2014, p. 17. OJ L 28, 31.01.2014, p. 17.
Amendment 260 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46 OJ L 018, 21.01.1997 p. 1.
Amendment 286 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 302 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 306 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14 c. Article 19 is replaced by the following: “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his or her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation.< 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)benefit.” Or. en
Amendment 308 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 20 – title
Article 20 – title
14d. In Article 20, the title is replaced by the following: “Travel with the purpose of receiving benefits in kind -— Authorisation to receive appropriate treatment and long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 310 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 e (new)
Article 1 – paragraph 1 – point 14 e (new)
14e. In Article 20, paragraph 2 is replaced by the following: “2. An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving the treatment or long- term care appropriate to his or her condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though he or she were insured under the said legislation. The authorisation shall be accorded where the treatment or long-term care in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he or she cannot be given such treatment within a time- limit which is medically justifiable, taking into account his or her current state of health and the probable course of his illness. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)or her illness or within a time limit which is justifiable, taking into account his or her current state of need of long-term care and the probable course of his or her need of long-term care.” Or. en
Amendment 311 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 g (new)
Article 1 – paragraph 1 – point 14 g (new)
Regulation (EC) No 883/2004
Article 25
Article 25
14g. Article 25 is replaced by the following: “Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him/her and to members of his/her family shall be borne by the Institution of one of the Member States competent in respect of his/her pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his/her Family would be entitled to such benefits if they resided in that Member State. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 313 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 i (new)
Article 1 – paragraph 1 – point 14 i (new)
Regulation (EC) No 883/2004
Article 27 – title
Article 27 – title
14i. In Article 27, the title is replaced by the following: “Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment or long-term care outside the Member State of residence (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 314 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 j (new)
Article 1 – paragraph 1 – point 14 j (new)
Regulation (EC) No 883/2004
Article 27 – paragraph 2
Article 27 – paragraph 2
14j. In Article 27, paragraph 3 is replaced by the following: “3. Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment or long-term care appropriate to their condition. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 316 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 l (new)
Article 1 – paragraph 1 – point 14 l (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. A frontier worker who retires4l. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who retires because of old-age or invalidity is entitled in casethe event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his or her activity as an employed or self-employed person, in so far as this is a continuation of treatment or long-term care which began in that Member State. The term" "continuation of treatment" means the continued investigation, diagnosis and treatment of an illness for its entire duration. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The term "continuation of long-term care" means the continued granting of long-term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date.” Or. en
Amendment 321 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 m (new)
Article 1 – paragraph 1 – point 14 m (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14m. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, maternity and equivalent paternity and long-term care benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity and long-term care benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. ” Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32004R0883R(01)&from=EN)
Amendment 327 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 883/2004
Article 32 – paragraph 3 – point a – point i
Article 32 – paragraph 3 – point a – point i
(i) rights available on the basis of an activity as an employed or self-employed person of the insured person, including rights existing in the application of Article 11(2) or (3)(c);
Amendment 329 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
Amendment 332 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 883/2004
Article 34
Article 34
Amendment 337 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, which is provided under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of theose benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)” Or. en
Amendment 339 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 341 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 3 c (new)
Article 34 – paragraph 3 c (new)
Amendment 342 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 351 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 356 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall beThe competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the person concerned having most recently completed a period of at least three monthcompletion of either periods of insurance, employment or self- employment shall, to the extent necessary, take into account periods of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, where, under the applicable legislation, the right to benefits is conditional on the completion of periods of insurance, the periods completed under the legislation of another Member State shall be taken into account only if those periods would qualify for the purposes of establishing entitlement to unemployment benefits in the Member State under whose legislation they were completed. Or. en
Amendment 367 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, employment or self- employmentExcept in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed: – periods of insurance of at least one day, inf that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)legislation requires periods of insurance, – periods of employment of at least one day, if that legislation requires periods of employment, or – periods of self-employment of at least one day, if that legislation requires periods of self-employment. Or. en
Amendment 376 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
Article 62 – paragraph 1
19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his lastor her activityies as an employed or self-employed person under the said legislation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)The salary or professional income to be taken into account for the calculation of the benefits shall be determined on the basis of the legislation of the competent Member State. If no such salary or professional income has been received, the benefits shall be calculated on the basis of the relevant legislation of the competent Member State. This paragraph shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.” Or. en
Amendment 380 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c and paragraph 3
Article 64 – paragraph 1 – point c and paragraph 3
Amendment 381 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point -a (new)
Article 1 – paragraph 1 – point 20 – point -a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 1
Article 64 – paragraph 1
(-a) In Article 64, paragraph 1 is replaced by the following: “1. A wholly unemployed person who satisfies the conditions of the legislation of the competent Member State for entitlement to benefits, and who goes to another Member State in order to seek work there, shall retain his or her entitlement to unemployment benefits in cash under the following conditions and within the following limits: (a) before his or her departure, the unemployed person must have been registered as a person seeking work and have remained available to the employment services of the competent Member State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his or her departure before such time has expired; (b) the unemployed person must register as a person seeking work with the employment services of the Member State to which he or she has gone, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of that Member State. This condition shall be considered satisfied for the period before registration if the person concerned registers within seven days of the date on which he or she ceased to be available to the employment sServices of the Member State which he or she left. In exceptional cases, the competent services or institutions may extend this period; (c) entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he or she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his or her entitlement to benefits under the legislation of that Member State; the competent sServices or institutions may extend the period of three months up to a maximum of six months; (dca) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0883&from=EN)length of the period granted for the export of the entitlement to benefits to another Member State shall be subject to the discretion of the competent employment services or the competent institution, on a case-by-case basis after an overall assessment of all the information and facts available. Information and facts needed for the assessment of the individual cases include: – reasons to seek work in another Member State (e.g. relocation together with spouse), – strategies for finding work abroad, – opportunities of integration into the labour market of the Members State where the person seeks work, – labour supply needs of the competent Member State; (d) the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. " Or. en
Amendment 405 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64a
Article 64a
Amendment 409 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65
Amendment 410 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65
Article 65
Article 65 Unemployed persons who resided in a Member State other than the competent State 1. An unemployed person who, during his or her last activity as an employed or self-employed person resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State. 2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there. 3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a). The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits. 4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State. 5. Paragraphs 2 to 4 of this Article shall not apply to a person who is partially or intermittently unemployed. State 1. A person who is partially or intermittently unemployed and who, during his/her last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself or herself available to the employer or to the employment services in the competent Member State. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. Those benefits shall be provided by the institution of the competent Member State. 2. A wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who continues to reside in that Member State or returns to that Member State shall make himself or herself available to the employment services in the Member State of residence. Without prejudice to Article 64, a wholly unemployed person may, as a supplementary step, make himself or herself available to the employment Services of the Member State in which he or she pursued his or her last activity as an employed or self-employed person. An unemployed person, other than a frontier worker, who does not return to his or her Member State of residence, shall make himself or herself available to the employment services in the Member State to whose legislation he or she was last subject. 3. The unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the Member State in which he or she resides, shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that Member State. If he or she chooses also to register as a person seeking work in the Member State in which he or she pursued his or her last activity as an employed or self-employed person, he or she shall comply with the obligations applicable in that State. 4. The implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3, as well as the arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the Member State of residence and the Member State in which he or she pursued his or her last occupation, shall be laid down in the Implementing Regulation. 5. The unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had been subject to that legislation during his or her last activity as an employed or self-employed person. Those benefits shall be provided by the institution of the place of residence. 5a. However, a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the Member State to whose legislation he or she was last subject shall first receive, on his or her return to the Member State of residence, benefits in accordance with Article 64, receipt of the benefits in accordance with paragraph 5a being suspended for the period during which he or she receives benefits under the legislation to which he or she was last subject. 5b. The benefits provided by the institution of the place of residence under paragraph 5a and 5b shall continue to be at its own expense. The competent institution of the Member State to whose legislation he/she was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first four months (reimbursement period). Reimbursement for that period shall be claimed only on condition that the person concerned has, during the 12 months preceding the reimbursement period, completed periods of at least three months in the Member State to whose legislation he or she was previously subject and where such periods would qualify for the purposes of establishing entitlement to unemployment benefits in that Member State. The amount of the reimbursement during that period shall not be higher than the amount payable, according to the following rules: (a) number of calendar days subject to the reimbursement period; multiplied by: (b) the average amount per calendar day of the unemployment benefits of the competent Member State of the previous calendar year. 5c. A second request for reimbursement by the same unemployed person shall be admissible no earlier than one year after expiry of the previous reimbursement period. 5d. From the end of the 18-month period referred to in Article 67(5) of the Implementing Regulation, interest may be charged by the creditor institution on outstanding claims. The interest shall be calculated in accordance with Article 68(2) of the Implementing Regulation with a supplement of 8 % above the base rate. 5e. During the reimbursement procedure requests or reactions to requests or notifications have to be answered within a period of six months. Should the deadline be exceeded, the reimbursement request is considered to be accepted. 5f. The arrangements for reimbursement are laid down in the Implementing Regulation. 5f. For the purposes of paragraphs 5b to 5e, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction.” Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:c10521)
Amendment 439 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
Amendment 440 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
Article 67 b (new)
22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
Amendment 442 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
Article 67 c (new)
Amendment 445 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
Amendment 448 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace income during periods of child-raising andreferred to in point (a) of Article 68(2a) which are listed in Part 1I of Annex XIII shall be awarded solely to the person subject tounder the legislation of the competent Member State and tsolely to the person subject to that legislation. There shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Amendment 451 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 883/2004
Article 70 – paragraph 4 a (new)
Article 70 – paragraph 4 a (new)
23a. In Article 70, the following paragraph is added: “4a. By way of derogation from Article 4 of this Article, a Member State may, in accordance with Union law, provide that access to the benefits referred to in paragraph 2 of this Article, which also constitute social assistance within the meaning of Directive 2004/38/EC, is subject to the fulfilment of the conditions for equal treatment under Article 24 of that Directive by the claimant.”
Amendment 464 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 883/2004
Article 76 a – paragraph 1 – indent 1
Article 76 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 481 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Regulation (EC) No 883/2004
Article 87 b – paragraph 4
Article 87 b – paragraph 4
4. Articles 61, 642 and 65 of this Regulation in force before [the entry into application of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons whose unemployment started before that date..
Amendment 493 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 2
Article 88 a – paragraph 2
2. The delegation of power referred to in Articles 67b and 88 shall be conferred on the European Commission for an indeterminate period of time from the [the date of entry into force of the Regulation (EU) xxxx].
Amendment 497 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
Article 88 a – paragraph 3
3. The delegation of the power referred to in Articles 67b and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force
Amendment 504 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 6
Article 88 a – paragraph 6
6. A delegated act adopted pursuant to Articles 67b and 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 506 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b
Article 88 b
27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
Amendment 507 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Regulation (EC) No 883/2004
Annexes XII and XIII
Annexes XII and XIII
29. Annexes XII, XIII, XIIIa and XIIIb are inserted in accordance with the Annex to this Regulation.
Amendment 512 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 514 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – paragraph 2 – point e b (new)
Article 1 – paragraph 2 – point e b (new)
(eb) ‘error’ means unintentional wrong conduct or unintentional omission on the part of an institution or of a person falling within the scope of the basic Regulation and the implementing Regulation;
Amendment 515 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 987/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When a person's rights or obligations to which the basic and implementing Regulations apply have been established or determined, the competent institution may request the institution in the Member State of residence or stay to providetransmit personal data about that person. within the meaning of Regulation (EU) 2016/679. The request and any response shall concern information which enables the competent Member State to identify any inaccuracyconsistencies in the facts on which a document or a decision determining the rights and obligations of a person under the basic or implementing Regulation is based. The request can also be madetransmitted where there is no existing doubt about the validity or accuracy of the information contained in the document or on which the decision is based in a particular case, but the information shall be required in accordance with the legislation applicable to the competent institution. The request for information and any response must be necessary and proportionate.
Amendment 526 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) When receiving such a request, the issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it or rectify it, within 25 working day shall inform the competent institutions of the Member States concerned of the result within three months from the receipt of the request. Upon detection of an irrefutable case of fraud committed by the applicant of the document, the issuing institutionrmination that the applicable law was incorrectly certified, the certificate shall be withdrawn or rectify the document immediately and with retroactive effectied, whereby the legislation applicable in the issuing Member State shall be complied with. This shall also be applied to previous periods.
Amendment 556 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediatelyn the last month before the start of his employment, the person concerned is already subject to the legislation of the sending Member State in accordance with Title II of the basic Regulation.. __________________ 52 OJ L 018, 21.01.1997 p. 1.
Amendment 582 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and the persons and the employers concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 586 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 587 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 987/2009
Article 19 – paragraph 2
Article 19 – paragraph 2
10a. In Article 19, paragraph 2 is replaced by the following: "2. At the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of the basic Regulation shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions. As of 1 July 2019, at the latest, such an attestation shall be made solely in the form of the Structured Electronic Document referred to in point (d) of Article 1(2) of the implementing Regulation and using the Electronic Exchange of Social Security Information — EESSI referred to in the third subparagraph of Article 95(1) of the implementing Regulation. Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1515592051048&uri=CELEX:02009R0987-20170411)
Amendment 597 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Regulation (EC) No 987/2009
Article 20 a – paragraph 1 – indent 1
Article 20 a – paragraph 1 – indent 1
– the issuance, the format and the contents of a portable electronic document certifying the social security legislation which applies to the holder,
Amendment 611 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Regulation (EC) No 987/2009
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 616 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1 is replaced by the following: "1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 619 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: "3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 621 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 c (new)
Article 2 – paragraph 1 – point 15 c (new)
Regulation (EC) No 987/2009
Article 26
Article 26
15c. Article 26 is replaced by the following: "Article 26 Scheduled treatment A. Authorisation procedure 1. For the purposes of the application of Article 20(1) of the basic Regulation, the insured person shall present a document issued by the competent institution to the institution of the place of stay. For the purposes of this Article, the competent institution shall mean the institution which bears the cost of the scheduled treatment or long-term care; in the cases referred to in Article 20(4) and 27(5) of the basic Regulation, in which the benefits in kind provided in the Member State of residence are reimbursed on the basis of fixed amounts, the competent institution shall mean the institution of the place of residence. 2. If an insured person does not reside in the competent Member State, he shall request authorisation from the institution of the place of residence, which shall forward it to the competent institution without delay. In that event, the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of Article 20(2) of the basic Regulation are met in the Member State of residence. The competent institution may refuse to grant the requested authorisation only if, in accordance with the assessment of the institution of the place of residence, the conditions set out in the second sentence of Article 20(2) of the basic Regulation are not met in the Member State of residence of the insured person, or if the same treatment or long-term care can be provided in the competent Member State itself, within a time-limit which is medically justifiable, taking into account the current state of healthneed of long-term care and the probable course of illnessneed of long- term care of the person concerned. The competent institution shall inform the institution of the place of residence of its decision. In the absence of a reply within the deadlines set by its national legislation, the authorisation shall be considered to have been granted by the competent institution. 3. If an insured person who does not reside in the competent Member State is in need of urgent vitally necessary treatment, and the authorisation cannot be refused in accordance with the second sentence of Article 20(2) of the basic Regulation, the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution, which shall be immediately informed by the institution of the place of residence. The competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation, concerning the need for urgent vitally necessary treatment. 4. At any time during the procedure granting the authorisation, the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or, in the case of the need for long-term care, by a doctor or another expert of its own choice in the Member State of stay or residence. 5. The institution of the place of stay shall, without prejudice to any decision regarding authorisation, inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured persor appropriate taking into account the current state of need for long-term care to supplement the treatment or long-term care covered by the existing authorisation. B. Meeting the cost of benefits in kind incurred by the insured person 6. Without prejudice to paragraph 7, Article 25(4) and (5) of the implementing Regulation shall apply mutatis mutandis. 7. If the insured person has actually borne all or part of the costs for the authorised medical treatment or long-term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 (actual cost) are lower than the costs which it would have had to assume for the same treatment or long-term care in the competent Member State (notional cost), the competent institution shall reimburse, upon request, the cost of treatment or long-term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost. The reimbursed sum may not, however, exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long-term care had been delivered in the competent Member State. C. Meeting the costs of travel and stay as part of scheduled treatment or long-term care 8. Where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long-term care of the insured person, such costs for the person concerned and, if necessary, for a person who must accompany him/her, shall be assumed by this institution when an authorisation is granted in the case of treatment or long- term care in another Member State. D. Family members 9. Paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 623 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Regulation (EC) No 987/2009
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 626 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EC) No 987/2009
Article 31 – title and paragraphs 1 and 2
Article 31 – title and paragraphs 1 and 2
Amendment 632 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 636 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Regulation (EC) No 987/2009
Article 55 – paragraph 4 – subparagraph 3
Article 55 – paragraph 4 – subparagraph 3
Amendment 637 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Regulation (EC) No 987/2009
Article 55 – paragraph 7
Article 55 – paragraph 7
Amendment 640 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
Regulation (EC) No 987/2009
Article 55a
Article 55a
Amendment 644 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
Regulation (EC) No 987/2009
Article 56 – paragraphs 1 and 3
Article 56 – paragraphs 1 and 3
Amendment 646 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
Title VI – Chapter I – title
Amendment 648 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
Regulation (EC) No 987/2009
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The annual average cost per person in each age group for a specific year shall be notified to the Audit Board at the latest by the end of the second year following the year in question, with sickness and long- term care benefits in kind indicated separately.
Amendment 649 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
Regulation (EC) No 987/2009
Article 66 – paragraph 2
Article 66 – paragraph 2
26a. In Article 66, paragraph 2 is replaced by the following: "2. The reimbursements between the institutions of the Member States, provided for in Articles 35 and 41 of the basic Regulation, shall be made via the liaison body. There may be a separate liaison body for reimbursements under Articles 35 and Article 41 of the basic Regulation. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- Mutual claims shall be off-set between the liaison bodies. The Administrative Commission shall establish detailed arrangements for such off-setting. " Or. en 20170411&from=EN)
Amendment 650 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 b (new)
Article 2 – paragraph 1 – point 26 b (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 1
Article 67 – paragraph 1
26b. In Article 67, paragraph 1 is replaced by the following: "1. Claims based on actual expenditure shall be introduced to the liaison body of the debtor Member State within 12 months of the end of the calendar half-year during which those claims were recorded in the accounts of the creditor institution. Claims shall be met, where possible, within one month, and in any event within six months, of the claim. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 651 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 c (new)
Article 2 – paragraph 1 – point 26 c (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 652 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 e (new)
Article 2 – paragraph 1 – point 26 e (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 5
Article 67 – paragraph 5
26e. In Article 67, paragraph 5 is replaced by the following: "5. The claims shall be paid to the liaison body of the creditor Member State referred to in Article 66 of the implementing Regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This does not apply to the claims which the debtor institution has rejected for a relevant reason within that period. The liaison body of the creditor Member State shall reply to such a rejection within 12 months of the end of the month during which the rejection was received. In the absence of such a reply, the rejection shall be deemed to be accepted. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 654 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 f (new)
Article 2 – paragraph 1 – point 26 f (new)
Regulation (EC) No 987/2009
Article 67 – paragraph 7
Article 67 – paragraph 7
26f. In Article 67, paragraph 7 is replaced by the following: "7. The Audit Board shall facilitate the final closing of accounts in cases where a settlement cannot be reached within the period set out in paragraph 6, and, upon a reasoned request by one of the parties, shall give its opinion on a dispute within sixnine months following the month in which the matter was referred to it. The Audit Board shall receive the request no later than nine months after expiry of the period set out in paragraph 6. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 656 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26 g (new)
Article 2 – paragraph 1 – point 26 g (new)
Regulation (EC) No 987/2009
Article 68 – paragraph 2
Article 68 – paragraph 2
26g. In Article 68, paragraph 2 is replaced by the following: "2. The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations plus eight percentage points. The reference rate applicable shall be that in force on the first day of the month on which the payment is due. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009R0987)
Amendment 657 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Regulation (EC) No 987/2009
Article 70
Article 70
Amendment 658 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 1
Article 70 – paragraph 1
27a. in Article 70, the first paragraph is replaced by the following: “If there is no agreement in accordance with Article 65(811) of the basic Regulation, the institution of the place of residence shall request reimbursement of unemployment benefits pursuant to Article 65(6) andto (79) of the basic Regulation from the institution of the Member State to whose legislation the beneficiary was last subject. The request shall be made within six months of the end of the calendar half- year during which the last payment of unemployment benefit, for which reimbursement is requested, was made. The request shall indicate the amount of benefit paid during the three or fivefour month-period referred to in Article 65(6) and (76) of the basic Regulation, the period for which the benefits were paid and the identification data of the unemployed person. The claims shall be introduced and paid via the liaison bodies of the Member States concerned. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987-” Or. en 20170411&from=EN)
Amendment 659 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 b (new)
Article 2 – paragraph 1 – point 27 b (new)
Regulation (EC) No 987/2009
Article 70 – paragraph 3
Article 70 – paragraph 3
Amendment 660 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
In case of a retroactive change of the applicable legislation including situations referred to in Article 6(4) and (5) of the implementing Regulation, at the latest threesix months after the applicable legislation has been determined or the institution responsible for paying the benefits has been identified, the institution which unduly paid cash benefits shall draw up a statement of the amount paid and shall send it to the institution identified as being competent for the purpose of their reimbursement.
Amendment 661 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 3 – subparagraph 3
Article 73 – paragraph 3 – subparagraph 3
If the amount of unduly paid contributions exceeds the amount the legal and/or natural person owes to the institution identified as being competent, the institution which unduly received contributions shall reimburse the amount in excess to the legal and/or natural person concerned. in accordance with national law.
Amendment 662 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EC) No 987/2009
Article 73 – paragraph 4
Article 73 – paragraph 4
4. The existence of time limits and application procedures under national legislation shall not be a valid ground for the refusal of the settlement of claims between institutions under this Article.
Amendment 685 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39 a (new)
Article 2 – paragraph 1 – point 39 a (new)
Regulation (EC) No 987/2009
Article 86
Article 86
39a. Article 86 is replaced by the following: "Article 86 Review clause 1. No later than the fourth full calendarwo years after the entry into force of the implementing Regulationexpiry of the transitional period referred to in Article 95, the Administrative Commission shall present a comparative report on the time limits set out in Article 67(2), (5) and (6) of the implementing Regulation. On the basis of this report, the European Commission may, as appropriate, submit proposals to review these time limits with the aim of reducing them in a significant way. 2. No later than the date referred to in paragraph 1, the Administrative Commission shall also assess the rules for conversion of periods set out in Article 13 with a view to simplifying those rules, if possible. 3. Administrative Commission shall present a report specifically assessing the application of Chapters I and III of Title IV ofThe report shall include a review of when settlement on the basis of fixed amounts, as referred to in Section 2 of Chapter I of Title IV, can be deleted. On the basis of this report, the Commission may, as appropriate, submit proposals to shorten those timplementing Regulation, in particular with regard to the procedures and time limits referred to in Article 67(2), (5) and (6) of the implementing Regulation and to the recovery procedures referred to in Articles 75 to 85 of the implementing Regulation. In the light of this report, the European Commission may, if necessary, submit appropriate proposals to make these procedures more efficient and balanced. e limits as well as a proposal to delete Section 2 of Chapter I of Title IV. " No later than 1 May 2015, the Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R0987- 20170411&from=EN)
Amendment 687 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40 – point b
Article 2 – paragraph 1 – point 40 – point b
Regulation (EC) No 987/2009
Article 87 – paragraph 6
Article 87 – paragraph 6
However, if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies, it shall not claim the expenses referred to in the previous sentence..
Amendment 688 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 44
Article 2 – paragraph 1 – point 44
Regulation (EC) No 987/2009
Article 94 a – paragraph 1
Article 94 a – paragraph 1
Until the entry into force of Regulation (EU) XXX, Articles 56 and 70 of the version of the implementing Regulation in force before [the date of entry into force of the Regulation (EU) xxxx] shall continue to apply to unemployment benefits granted to persons who became unemployed before that date..
Amendment 696 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa Long-term care benefits in cash provided in derogation from Article 33a(a) of Chapter I (Article 33a(2))”
Amendment 697 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 b (new)
Annex I – point 7 b (new)
Regulation (EC) No 883/2004
Annex XIII b (new)
Annex XIII b (new)
7b. The following annex is added: “Annex XIIIb (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
Amendment 700 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 c (new)
Annex I – point 7 c (new)
Regulation (EC) No 987/2009
Annex 5
Annex 5
7c. In Regulation (EC) No 987/2009, Annex 5 is deleted.
Amendment 70 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2013/36/EU
Article 2 – paragraph 5a – introductory part
Article 2 – paragraph 5a – introductory part
This Directive shall not apply to an institution or a unit of a credit institution where the Commission establishes in a delegated act adopted pursuant to Article 148, on the basis of information available to it that the institution or a unit of a credit institution fulfils all of the following conditions, without prejudice to the application of state aid rules:
Amendment 75 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2013/36/EU
Article 2 – paragraph 5a – point e
Article 2 – paragraph 5a – point e
e) it is precluded from accepting covered depositsnot as defined in point (5) of Article 2(1) of Directive 2014/49/EU of the European Parliament and of the Council12 irect recipient of private individuals’ savings deposits; __________________ 12 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (OJ L 173, 12.6.2014, p. 149).
Amendment 203 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2013/36/EU
Article 92 – paragraph 2 – introductory phrase
Article 92 – paragraph 2 – introductory phrase
Competent authorities shall ensure that, when establishing and applying the total remuneration policies, inclusive of salaries and discretionary pension benefits, for categories of staff whose professional activities have a material impact on their risk profile, including senior management, risk takers, staff engaged in control functions and any employee receiving total remuneration that takes them into the same remuneration bracket as senior management and risk takers, whose professional activities have a material impact on their risk profile, institutions comply with the following principles in a manner that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities.
Amendment 224 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – point a
Article 94 – paragraph 3 – point a
a) an institution the value of the assets of which is on average equal to or less than EUR 15 billion over the four-year period immediately preceding the current financial year;
Amendment 227 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – point b
Article 94 – paragraph 3 – point b
b) a staff member whose annual variable remuneration does not exceed EUR 50 000 and does not represent more than one fourth of the staff member's annual total remuneration. None of the provisions of Article 94 shall apply to an institution that is a subsidiary of a large banking group which applies all the provisions of Article 94 on a consolidated basis and whose quarterly asset value averages EUR 15 billion or less in the current financial year.
Amendment 331 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2013/36/EU
Article 109 – paragraph 3
Article 109 – paragraph 3
3. Obligations resulting from Section II of this Chapter concerning subsidiary undertakings, not themselves subject to this Directive, shall not apply if the EU parent institution can demonstrate to the competent authorities that the application of Section II is unlawful under the laws of the third country where the subsidiary is established; the subsidiary undertaking is an asset management company in the meaning of Article 4 (1) (19) of Regulation (EU) No 575/2013.
Amendment 199 #
2016/0360A(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) A proportional treatment for market risks should also apply to institutions with limited trading book activities, allowing more institutions with small trading activities to apply the credit risk framework for banking book positions as set out under a revised version of the derogation for small trading book business. In addition, institutions with medium-sized trading book should be allowed to use a simplified standardised approach for calculating the own fund requirements for market risks in line with the approach currently in use under Regulation (EU) 575/2013. These relaxed requirements should also apply to institutions that are part of a consolidated group, provided that they meet the above requirements as stand- alone institutions.
Amendment 223 #
2016/0360A(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The EBA should report on where proportionality of the Union supervisory reporting package could be improved in terms of scope, granularity or frequency and in addition submit concrete proposals as to how the average costs for small and simple institutions can be reduced by at least 10% by means of a concrete simplification of requirements.
Amendment 524 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Regulation (EU) No 575/2013
Article 99 – paragraph 7 – point e
Article 99 – paragraph 7 – point e
(e) recommend amendments of Implementing Regulation (EU) No 680/2014 to reduce the reporting burden on institutions or specified categories of institutions where appropriate having regard to the objectives of this Regulation and Directive 2013/36/EU. The report shall, at a minimum, make recommendations on how to reduce the level of granularity of reporting requirements for small institutions as defined in Article 430a; if the competent authority disregards the obligation relating to the temporary reporting of data, gradual introduction should be possible for small and simple institutions in the event of failure to update or implement technical standards in a timely manner.
Amendment 536 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 46 – point b a (new)
Article 1 – paragraph 1 – point 46 – point b a (new)
Regulation (EU) No 575/2013
Article 102 – paragraph 6 a (new)
Article 102 – paragraph 6 a (new)
(ba) The following paragraph 6a is added: 6a. Institutions with small trading book business in accordance with Article 94(1) shall be exempt not only from the calculation of own funds requirements according to the rules of the trading book but also from the operational requirements of the trading book regime.
Amendment 702 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 100
Article 1 – paragraph 1 – point 100
Regulation (EU) No 575/2013
Article 401 – paragraph 4
Article 401 – paragraph 4
Amendment 728 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 108 – point b
Article 1 – paragraph 1 – point 108 – point b
Regulation (EU) No 575/2013
Article 416 – paragraph 5 – subparagraph 1
Article 416 – paragraph 5 – subparagraph 1
Shares or units in CIUs may be treated as liquid assets up to an absolute total amount of EUR 500 million in the portfolio of liquid assets of each institution provided that the requirements in Article 132(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit or currency risk, only invests in liquid assets as referred to in paragraph 1 of this Article.
Amendment 768 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 p – paragraph 4 – point c a (new)
Article 428 p – paragraph 4 – point c a (new)
(ca) Assets from precious-metal financing transactions with a time frame of no more than 180 days, including metals held on behalf of the client, should be excluded from the calculation of the stable refinancing rate.
Amendment 774 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point f a (new)
Article 428 r – paragraph 1 – point f a (new)
Amendment 897 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 2 – introductory part
Article 429 a – paragraph 2 – introductory part
2. For the purposes of point (d) of paragraph 1, public development credit institution means a credit institution or a unit of a credit institution that meets all of the following conditions:
Amendment 907 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 a – paragraph 2 – point e
Article 429 a – paragraph 2 – point e
(e) it is precluded from accepting covered depositsnot as defined in point (5) of Article 2(1) of Directive 2014/49/EU or in the national law of Member States implementing that Directive.irect recipient of private individuals’ savings deposits;
Amendment 51 #
2016/0304(COD)
Proposal for a decision
Recital 2
Recital 2
(2) Differences in language, definitions, document formats, as well as assessment and qualification validation methods, all pose considerable challenges for individuals, employers and competent authorities. These challenges arise especially where individuals move between countries, including third countries, but also when looking for a new job or engaging in learning. Clear information and shared understanding isare necessary to address these challenges, while respecting subsidiarity and diversity and providing clarity on responsibilities.
Amendment 58 #
2016/0304(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3 a) The new Europass framework adapts the existing Europass services to the needs and expectations of users and providers: learners, job-seekers, workers, employers - in particular small and medium-sized enterprises -, public employment services, guidance practitioners, education and training providers, social partners, volunteers, youth organizations, youth work providers, National Europass Centres and the national authorities responsible. While respecting national structures and administrative arrangements, simplification, effectiveness and efficiency are the main objectives of this Decision. All instruments should be designed and aligned appropriately and without unnecessary overlap in their specific goals and tools and should not overstretch Europass.
Amendment 63 #
2016/0304(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4 a) The activities offered by National Europass Centres provide support to users and promote the documentation of skills and qualifications. The Euroguidance Network has also contributed to the development of information provision regarding EU tools for skills and qualifications. Support for and greater coordination of these national services should be ensured to enhance their impact while respecting the diversity of national systems.
Amendment 65 #
2016/0304(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning invited Member States to have in place, no later than 2018, in accordance with national circumstances and specificities, and as they deem appropriate, arrangements for the validation of non-formal and informal learning which enable individuals to have knowledge, skills and competences, which have been acquired through non-formal and informal learning validated and to obtain a full qualification, or, where applicable, part qualification.
Amendment 72 #
2016/0304(COD)
Proposal for a decision
Recital 10
Recital 10
(10) A European Skills, Competences, Qualifications and Occupations framework (ESCO) has been piloted by the Commission as a common language and operational tool for education/training and work30 . ESCO structures concepts that are relevant for the EU labour market and education and training in three interlinked pillars: i) occupations, ii) knowledge, skills and competences and iii) qualifications. The ESCO pillars can be complemented by auxiliary vocabularies covering related domains, such as work context, fields of education and training or economic sectors. It is not possible to use ESCO classifications as a basis for the Europass referencing terminology. _________________ 30 The Europe 2020 Strategy announced that the Commission would work on such framework, Communication from the Commission on "Europe 2020 - A strategy for smart, sustainable and inclusive growth", COM(2010) 2020 final.
Amendment 74 #
2016/0304(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10 a) Currently, ESCO cannot be considered as basis for a Europass reference terminology. ESCO is an instrument, which is currently a project that has been neither fully developed or tested nor has been approved by the Member States. The use of ESCO as reference terminology is, therefore, conditional on an effort by the Commission to assess its acceptance by and usefulness to users and other stakeholders, as well as on an effort to show the positioning of ESCO within the space of EU instruments, in order to show the value added of its use to labour markets, employers, employees and job- seekers, and the synergies created by the use of ESCO in in a way that is consistent with the EQF in Europass. Once ESCO is recognized to be an acceptable reference terminology for Europass, it is to be regularly updated, in close cooperation with Member States and with stakeholders, such as social partners, professional associations, education and training institutes, research institutes, statistics institutes and employment services.
Amendment 75 #
2016/0304(COD)
Proposal for a decision
Recital 11
Recital 11
Amendment 82 #
2016/0304(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Regulation (EU) 2016/589 of the European Parliament and of the Council31 establishes European Employment Services (EURES), a network of employment services and a mechanism for an automated matching of people to jobs through the EURES common IT platform. To enable the exchange and the matching of job vacancies with candidates, this mechanism needs a common and multilingual list of skills, competences and occupations. By developing ESCO the Commission is providing a multilingual classification system of occupations, skills and competences and qualifications that is suited to this purpose. _________________ 31might be suitable for this purpose after thorough review. _________________ 31 OJ L 107, 22.4.2016, p. 1. OJ L 107, 22.4.2016, p. 1.
Amendment 94 #
2016/0304(COD)
Proposal for a decision
Recital 14
Recital 14
(14) There is an acknowledged growing importance of transversal orand 'soft' skills that can be applied in different fields. Individuals require tools and guidance on self-assessing and describing these and other skills, for example digital or language.
Amendment 103 #
2016/0304(COD)
Proposal for a decision
Recital 17
Recital 17
(17) The current focus of the Europass framework on documentation is too limited to respond to current and future needs. To communicate skills and qualifications and make decisions on employment and learning opportunities users need access to relevant information and tools for understanding skills and qualifications as well as tools for documenting their own skills and qualifications in accordance with the European Qualifications Framework (EQF).
Amendment 105 #
2016/0304(COD)
Proposal for a decision
Recital 18
Recital 18
(18) Union tools and services for skills and qualifications should adapt to changing practices and advances in technology to ensure they remain relevant and of value to users. This should be achieved by, among other things, creating more synergy between related tools and services, including those developed by third parties, to offer a more comprehensive and effective service. In addition, authentication measures could be used to support the verification of digital documents on skills and qualifications.
Amendment 110 #
2016/0304(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The revised Europass framework approach should respect the voluntary nature of Europass and the principle of subsidiarity and should consider the needs of all potential users, including learners, job seekers, workers, employers - especially in small and medium-sized enterprises -, guidance practitioners, public employment services, social partners, education and training providers, youth work organisations and policy makers.
Amendment 121 #
2016/0304(COD)
Proposal for a decision
Recital 21
Recital 21
(21) The Europass framework established by Decision No 2241/2004/EC should therefore be replaced by a new voluntary framework to address evolving needs while preserving national structures and administrative arrangements and clarifying the synergies between existing instruments.
Amendment 137 #
2016/0304(COD)
Proposal for a decision
Recital 27
Recital 27
(27) The Commission will guarantee a platform of cooperation with Member States and relevant stakeholders to ensure the overall coherence of implementshould ensure the coherent implementation and monitoring of this Decision through a Europass expert group composed of representatives of Member States and relevant stakeholders. The expert group should, in particular, advise on the development of web-based tools for documenting information on skills and qualifications and monitoring of this Decision. information provided through the Europass online platform.
Amendment 147 #
2016/0304(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a European framework ('Europass'), comprising web- based tools, information and the development of open standards to support the transparency and understanding of skills and qualifications. The framework shall be known as ‘Europass’ acquired in formal, non-formal and informal settings and through practical experiences, including mobility. Europass consists of web-based tools and relevant available information intended to help users to better communicate and present their skills and qualifications.
Amendment 148 #
2016/0304(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a European framework, which is founded on a voluntary personal portfolio of documents with the aim to make qualifications and competences transparent and interoperable within and between the Member States, comprising web- based tools, information and the development of open standards to support the transparency and understanding of skills and qualifications. The framework shall be known as ‘Europass’.
Amendment 153 #
2016/0304(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 159 #
2016/0304(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The use of Europass is voluntary and shall not impose any obligations or confer any rights other than those defined in this Decision.
Amendment 163 #
2016/0304(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'guidance' means a continuous process that enables individuals to identify their capacities, competences and interests, to make educational, training and occupational decisions and to manage their individual life paths in learning, work and other settings in which those capacities and competences are learned and/or used;
Amendment 170 #
2016/0304(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) 'organisations' means employers, recruiters, education and training institutions, and other stakeholders, e.g. chambers, with an interest in education, training and employment issues;
Amendment 173 #
2016/0304(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) 'qualification' means a formal outcome of an assessment and validation process which is obtained when a competent authority (e.g. competent bodies nationally designated by law) determines that an individual has achieved learning outcomes to given standards;
Amendment 183 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) tools to (self-)assess individual skills, including through questionnaires, by reference to established descriptions of skills or through the integration of data from other existing aligned and synchronized EU self-assessment tools such as the Youthpass;
Amendment 184 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) tools for documenting learning outcomes or/of qualifications, i.e. the Europass Qualification Supplement template(s), as referred to in Article 5;
Amendment 185 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) tools as necessary to support the presentation and exchange of information by organisations.
Amendment 186 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. tools for documenting and describing skills and qualifications acquired through working and learning experiences, including cross-border mobility;
Amendment 187 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Europass shall providemay link and provide existing information on the following:
Amendment 191 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) qualifications and qualifications frameworks
Amendment 195 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) existing national recognition laws in Member States, recognition practices and decisions in different countries, including third countries, to help individuals and other stakeholders understand qualifications;
Amendment 211 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Europass shall support cooperation on the development, use and dissemination of open standards, comprising metadata schemata and semantic assets, to facilitate more effective exchange of information on skills and qualifications at EU level and by Member States and third parties. The multilingual classification system ESCO (European Skills, Competences, Qualifications and Occupations) referred to in article 6 shall be used to support this work.
Amendment 219 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Europass shall seek to enhance transparency and understanding of learning acquired in formal, non-formal and informal settings and through practical experiences, including mobility. Assessment tools need to go through a quality assurance process before being integrated in the Europass.
Amendment 223 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Europass shall include coordinated and proven tools to facilitate the understanding of skills through assessment by third parties and self-declaration by individuals.
Amendment 224 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The European Qualifications Framework (EQF) shallmay be used as a supporting framework to provide information in Europass. The EQF will be referred to in information on qualifications, descriptions of national education and training systems and other relevant topics. Any dissonance between the frameworks proposed by the EQF and ESCO shall be cleared before the implementation of Europass.
Amendment 232 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Europass shall use the European Classification of Skills/Competences, Qualifications and Occupations (ESCO) established in Article 6 to ensure semantic interoperability between the tools for documentation and information. ESCO shall also provide a platform for interoperability with other relevant services such as those developed by the labour market.
Amendment 233 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Europass shall use the European Classification of Skills/Competences, Qualifications and Occupations (ESCO) established in Article 6 to ensure semantic interoperability between the tools for documentation and information only after ESCO has been subjected to a thorough review process and has been shown to add significant value to the existing framework. ESCO shall also provide a platform for interoperability with other relevant services such as those developed by the labour market. Assessment tools need to go through a quality assurance process before being integrated in the Europass.
Amendment 239 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Europass framework may include an option for users to store personal information by users, such as a personal profiledata such as a personal profile. Union data protection law shall apply to the processing of such personal data. Users may choose from a number of options to restrict access to their data or to certain attributes.
Amendment 248 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Europass shall be operated to support and ensure interoperability and synergies with other instruments and services offered at Union level and, where appropriate, national level. The development of open metadata schemata shall be compatible with the technical standards applied under Regulation (EU) 2016/589.
Amendment 252 #
2016/0304(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Europass Qualification Supplement(s) shall be issued by the competent national authorities in accordance with templates developed by the European Commission and other stakeholders32 such as the Council of Europe and UNESCO, insofar as these are congruent. _________________ 32 Current supplements are the Certificate Supplement and the Diploma Supplement.
Amendment 276 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall, in cooperation with the Member States, while fully respecting the responsibility of the Member States for education and training policy:
Amendment 278 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) develop web-based tools for the operation of Europass. The Europass documents created under Decision No 2241/2004/EC shall be transferred to the reviewed Europass system;
Amendment 287 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 300 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
Amendment 301 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
Amendment 312 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 3 – point g
Article 7 – paragraph 3 – point g
Amendment 322 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) designate and manage, in accordance with national circumstances, a National Skills Coordination PointEuropass Centre, to support coordination and cooperation of activities among the national services referred to in this Decision;
Amendment 325 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) designate and manage, in accordance with national circumstances, a National Skills Coordination PointEuropass Centres, to support coordination and cooperation among the national services referred to in this Decision;
Amendment 330 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) provide Europass users, in a cost- efficient way, with access to the relevant information or data available within the Member State, in particular access to information on learning opportunities, qualifications and qualification systems and to semantic assets on national level;
Amendment 344 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) support the transparent referencing of levels of qualifications within national qualifications frameworks to the EQF, and provide information on the EQF to national stakeholders and communicate the results of the referencing process and on qualifications to the Union web-based tool;
Amendment 354 #
2016/0304(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
The measures provided for in this Decision shall be carried out in accordance with EU law on protection of personal data, in particular Directive 95/46/EC and Regulation (EC) No 45/200133 . Personal data must be protected by highest standards. Personal data remains in the authority of the individual. The individual user can change, add, delete and modify the information on his profile. Whenever data analysis is being performed within the infrastructure of the Europass, it must be assured that there is no possibility to trace back the information on individual users. _________________ 33 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 355 #
2016/0304(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
The measures provided for in this Decision shall be carried out in accordance with EU law on protection of personal data, in particular Directive 95/46/EC33 and Regulation (EC) No 45/200133 . _________________ 33Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 359 #
2016/0304(COD)
Proposal for a decision
Article 12 – paragraph 1
Article 12 – paragraph 1
The implementation of this Decision shall be co-financprovided through Union programmes. Annual appropriations shall be authorised by the European Parliament and the Council withmulti-annual operation grants to the National Europass Centres. The Commission shall provide a 5-year perspective comprising the limits of the financial frameworkestimated financial implications for the Member States.
Amendment 54 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation EU No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 3
Annex 1 – paragraph (1) – subparagraph 4 – indent 3
Amendment 55 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 3
Annex 1 – paragraph (1) – subparagraph 4 – indent 3
Amendment 57 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 4
Annex 1 – paragraph (1) – subparagraph 4 – indent 4
Amendment 58 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation EU No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 4
Annex 1 – paragraph (1) – subparagraph 4 – indent 4
Amendment 61 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation EU No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 5
Annex 1 – paragraph (1) – subparagraph 4 – indent 5
Amendment 63 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) No 1304/2013
Annex 1 – paragraph (1) – subparagraph 4 – indent 5
Annex 1 – paragraph (1) – subparagraph 4 – indent 5
Amendment 64 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) No 1304/2013
Annex I – paragraph (1) – paragraph 5
Annex I – paragraph (1) – paragraph 5
The data on participants under the two first above indicators will be provided in the annual implementation reports as specified in Article 50(4) of Regulation (EU) No 1303/2013. The data on participants under the last three above indicators will be provided in the reports as specified in Article 50(5) of Regulation (EU) No 1303/2013. The data of the fivef the two indicators above shall be collected based on a representative sample of participants within each investment priority. Internal validity shall be ensured in such a way that the data can be generalised at the level of the investment priority.
Amendment 65 #
2016/0282(COD)
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation EU No 1304/2013
Annex I – paragraph (1) – paragraph 5
Annex I – paragraph (1) – paragraph 5
The data on participants under the two first above indicators will be provided in the annual implementation reports as specified in Article 50(4) of Regulation (EU) No 1303/2013. The data on participants under the last three above indicators will be provided in the reports as specified in Article 50(5) of Regulation (EU) No 1303/2013. The data of the fivef the two indicators above shall be collected based on a representative sample of participants within each investment priority. Internal validity shall be ensured in such a way that the data can be generalised at the level of the investment priority.
Amendment 49 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and essential to a properly functioning internal market. The implementation of those principles is further developed by the Union in order to promote social cohesion among the Member States and is aimed at guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 59 #
2016/0070(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 153(5) TFEU explicitly does not give the Union the power to regulate pay.
Amendment 61 #
2016/0070(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Article 62 TFEU in conjunction with Article 53(1) TFEU establishes a clearly defined system, with set limits, for the allocation of competences in the area of social policy.
Amendment 73 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. Alongside the review of the Posting of Workers Directive, priority should be given to enforcing and implementing the acquis and assessing the impact of the directive.
Amendment 202 #
2016/0070(COD)
(12a) The setting of wages is a matter for the Member States and social partners alone; particular care should be taken not to undermine the freedom to negotiate wage settlements and freedom of contract, so that wages can continue to be set independently and on the responsibility of the parties involved.
Amendment 221 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should significantly speed up the establishment of the single official national website referred to in Article 5 of Directive 2014/67/EU; the arrangements for using the website should take particular account of the needs of small and medium-sized enterprises.
Amendment 247 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should enforce existing rules on subcontracting strictly and consistently.
Amendment 295 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out, unless the parties have agreed on the application of a different law in accordance with Article 3(1) of the Rome I Regulation.
Amendment 418 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
The Member States and social partners shall be responsible for determining which elements make up the remuneration.
Amendment 448 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 29 #
2015/2344(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that in order to stabilise the social situation in Member States, economic stabilisers such as a European Unemployment Insurance (EUI) scheme should strengthen the welfare state and fight social deprivation caused by one- sided fiscal discipline measures taken under the European economic governance frameworkthe welfare state must be strengthened and social deprivation addressed;
Amendment 5 #
2015/2330(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- – having regard to the 2014 Communication from the Commission on Effective and Accessible and Resilient, Health Systems (COM (2014) 215 final)
Amendment 7 #
2015/2330(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
- – having regard to the 2014 report of the Social Protection Committee entitled 'Adequate social protection for long-term care needs in an ageing society'
Amendment 9 #
2015/2330(INI)
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
- - Having regard to the Commission's Recommendation on the active inclusion of people excluded from the labour market (October 2008),
Amendment 11 #
2015/2330(INI)
Motion for a resolution
Citation 19 d (new)
Citation 19 d (new)
- - Having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 12 #
2015/2330(INI)
Motion for a resolution
Citation 19 e (new)
Citation 19 e (new)
Amendment 54 #
2015/2330(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas only half of workers between 55 and 65 are in employment and long- term unemployment is particularly prevalent among younger and older employees;
Amendment 84 #
2015/2330(INI)
Motion for a resolution
Recital F
Recital F
F. whereas one of the five Europe 2020 targets aims at reducing by at least 20 million the number of people in or at risk of poverty and social exclusion; whereas almost 123 million people in the EU are in this situation, 7 million more than when the commitments for the Europe 2020 target were made; whereas in 2013 26.5 million children in the EU28 were at risk of falling into poverty or social exclusion; whereas in 2012 32.2 million persons with disabilities over 16 years are in this situation;
Amendment 100 #
2015/2330(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the demographic old age dependency rationumber of people aged 65 or above relative to those aged between 15 and 64 in the EU12 is projected to increase from 27.8 % to 50.1 % until 2060, and the total economic dependency ratio13 is expected to stabilise at over 120 % up to the middle of the next decade and then to rise above 140 % by 2060; whereas these factors may appear as sufficient justification for the fact that the great majority of European citizens agree that it is important to restructure their pensions systems; __________________ 12 People aged 65 or above relative to those between aged 15 and 64.null 13 Total inactive population relative to employed people aged between 20 and 64.
Amendment 102 #
2015/2330(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the growing number of dependent older people has and will have an increasing impact on health and long term care systems, the need for both formal as well as informal care resources; and whereas current social security systems do not take sufficient account of the situation of informal carers, which constitute a huge resource to society;
Amendment 138 #
2015/2330(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that good and qualityquality and inclusive jobs constitute an essential pillar for social fairness, promoting human dignity for all; believes that in this sense employment and growth must be placed at the centre of EU policies, especially for youth and for the Generation 50+, as a way to construct a more sustainable social European Union;
Amendment 153 #
2015/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to foster, at Member State level, forms of cooperation involving governments, enterprises, educational institutions and social partners, with a view to adaptingimprove Member States’ education and training systems and implement a dual education system to meeto the needs of the labour market;
Amendment 171 #
2015/2330(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission´s proposal to enhance the Youth Guarantee at national, regional and local level, and stresses its importance for school-to-work transitions; stresses the need to guarantee suitable forms of collaboration between public and private employment services on national and European level;
Amendment 179 #
2015/2330(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s initiative for an individualised approach for the long- term unemployed; considers that such an approach will require an increased effort in terms of human resources, calling for participants with the educational level needed to be able to orientate the unemployed on how to overcome possible gaps in education or training; stresses that professional requalification processes require adequate financial resources that need to be channelled to the unemployed individuals at all ages;
Amendment 185 #
2015/2330(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the integration of long-term unemployed individuals is crucial for their self-confidence and future development and is key to fighting poverty and guaranteeing the sustainability of national social security systems; calls the Commission to support efforts to reduce long-term unemployment by creating inclusive lifelong learning opportunities for workers and job seekers at all ages;
Amendment 203 #
2015/2330(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EU continues to suffer from structural problems that need to be addressed urgently, pointing up the need to continue prioritising investment, structural reforms and responsible fiscal consolidation, thus reinforcing a favourable environment for business with a view to creating more quality jobs while balancing the social and economic dimensions; stresses that those priorities will only be achieved if investment in human capital and life-long learning is prioritised as a common strategy;
Amendment 25 #
2015/2327(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the number of study periods completed abroad through the Erasmus scheme has been steadily increasing since 2008, despite the economic, financial and social crisis; draws attention to the fact that, at the same time, the number of work placements abroad has increased exponentially; concludes that work placements are obviously regarded by young people as an excellent opportunity to enhance their employability; recommends that the Commission and national agencies, organisers and institutions take note of this development;
Amendment 53 #
2015/2327(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that, with regard to the high youth unemployment rates in certain Member States, a primary objective of Erasmus+ is to prepare young people for employment; at the same time places particular emphasis on the need to preserve the status of activities outside of school, vocational training and study within the Erasmus+ programme;
Amendment 56 #
2015/2327(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that there is room for improvement in the promotion of youth work, artistic and cultural activities, political participation, adult education and mass sports; calls for the Youth in Action and Grundtvig programmes not to be disregarded in future either;
Amendment 94 #
2015/2327(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Continues to express concern that Erasmus+ is viewed by young people primarily as a programme for students in higher education; recommends, therefore, that greater importance be attached to raising the profile at European, national and regional level of the different areas and the sub-programmes relating to each area, including school-level education (Comenius), higher education (Erasmus), international higher education (Erasmus Mundus), vocational education and training (Leonardo da Vinci) and adult education (Grundtvig), as well as youth (Youth in Action) and sport;
Amendment 99 #
2015/2327(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that there is room for general improvement within the framework of Erasmus+ with regard to support for people with disabilities; considers that there is a need for greater financial flexibility with regard to projects involving people with disabilities; considers it worthwhile to appoint so- called coaches for such projects within national agencies, said coaches serving to advise organisers and institutions on the best possible use of funding;
Amendment 55 #
2015/2324(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that apprenticeships should not be too wide ranging as this would will inevitably lead to loss of training quality; accordingly advocates a realistic degree of versatility;
Amendment 58 #
2015/2324(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that that training centres are in competition with each other and should therefore only receive special assistance , if this can be shown to be absolutely essential for qualitative and economic reasons;
Amendment 81 #
2015/2321(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that integration consists of a combination of encouragement and making demands;
Amendment 83 #
2015/2321(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that integration programmes provide an opportunity for the target groups but also require them to make efforts;
Amendment 84 #
2015/2321(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Relies on the principle of equal treatment and on new instruments for labour market integration;
Amendment 85 #
2015/2321(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Rejects the idea of creating special labour markets for refugees;
Amendment 86 #
2015/2321(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Advocates that the respective national minimum wage should also remain valid for refugees; recommends exceptions for career-oriented internships where necessary;
Amendment 114 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that comprehensive language training for refugees is of the utmost importance; and that this should begin as early as possible and that occupational language skills are essential for integration in enterprises;
Amendment 116 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for refugees who are likely to remain in their host country to be required by Member States to take a comprehensive and targeted language course;
Amendment 117 #
2015/2321(INI)
5c. Calls for Member States to be able to require refugees who are likely to remain and find a job to take a comprehensive and work-related language course;
Amendment 118 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Is convinced that language instruction should already begin in hot spots and reception centres;
Amendment 119 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Believes that incentive and penalty mechanisms should be created with a view to language learning;
Amendment 120 #
2015/2321(INI)
5f. Calls on Member States to establish a unified language training system, closely linking general and vocational language training;
Amendment 121 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Emphasises the great demand for literacy programmes;
Amendment 122 #
2015/2321(INI)
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Advocates preparatory classes in which children initially focus on language learning;
Amendment 132 #
2015/2321(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for targeted support for refugees who have the desire as well as the capacity to study;
Amendment 239 #
2015/2321(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is firmly convinced that integrating refugees into the labour market will be impossible without active, large-scale support from microenterprises and small and medium-sized enterprises in the EU;
Amendment 241 #
2015/2321(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Takes the view that the appropriate authorities in the Member States must provide SMEs with comprehensive, tailored support and advice in the context of the integration of refugees into the labour market;
Amendment 292 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges that all refugees likely to be granted leave to remain in their host country be afforded the opportunity, until they reach the school-leaving age in force in that country, to attend schools in keeping with their requirements;
Amendment 298 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Takes the view that refugees with no or only little school education should be allowed to attend school in keeping with their requirements, even if they are already past school-leaving age;
Amendment 299 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Strongly urges that suitable refugees likely to be granted leave to remain in their host country should be allowed and encouraged to acquire qualifications or undertake vocational training;
Amendment 300 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Points out that, according to figures compiled by the German Federal Employment Agency, some 70% of refugees in Germany are employable and that data from earlier periods show that 20% of these employable persons have completed vocational training or higher education; notes that 80% of the employable refugees have only a general education and no formal qualifications; emphasises that these refugees also have abilities;
Amendment 301 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23e. Points out that the arrangements for the systematic identification and assessment of these abilities need to be improved substantially at both Member State and EU level;
Amendment 302 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 f (new)
Paragraph 23 f (new)
23f. Calls for a DG EMPL task force to be set up at the Commission in order, as quickly as possible, to devise pan- European standards for such soft skills and methods for cataloguing them;
Amendment 303 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 g (new)
Paragraph 23 g (new)
23g. Takes the view that on-line tools could be developed in order to assess competences on the basis of specific series of images, for example;
Amendment 304 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 h (new)
Paragraph 23 h (new)
23h. Calls for individuals' potential to be identified as early as possible in the asylum process; approves of the use, at hot spots, of new screening methods for competences and soft skills in order to speed up the integration process;
Amendment 305 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 i (new)
Paragraph 23 i (new)
23i. Calls for the formal level of education of refugees with the prospect of long-term residence to be recorded in a standardised manner at initial-reception facilities;
Amendment 306 #
2015/2321(INI)
Motion for a resolution
Paragraph 23 j (new)
Paragraph 23 j (new)
23j. Calls for refugees who have successfully completed vocational training to be offered long-term residence in the host country concerned;
Amendment 326 #
2015/2321(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Advocates the introduction of mandatory integration and orientation courses providing comprehensive insights into the following: attitudes to other people; host countries' traditions, values and customs; citizens' rights and obligations; the economy and family life;
Amendment 351 #
2015/2321(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to broaden the scope of the 'Blue Card' Directive in order to open up job opportunities in the EU for more highly qualified civil war refugees;
Amendment 373 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls for the temporary employment sector to be opened up to refugees with long-term residence prospects;
Amendment 375 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on the Commission to review 2014-2020 funding allocations and bring them into line with the needs of the Member States facing the greatest integration challenges;
Amendment 376 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Calls for monies to be redeployed as quickly as possible within the European Social Fund (ESF), the Asylum, Migration and Integration Fund (AMIF), the European Regional Development Fund (ERDF) and the Fund for European Aid to the Most Deprived (FEAD) so that the Member States bearing the brunt of the refugee crisis are given more effective support;
Amendment 377 #
2015/2321(INI)
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28d. Is of the opinion that temporary place-of-residence orders may be necessary for refugees in order to prevent a build-up in urban centres, since that may become an obstacle to integration;
Amendment 283 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes the view that the appropriate Member State authorities must provide SMEs with comprehensive, tailored support and advice on integrating refugees into the labour market;
Amendment 287 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Is firmly convinced that integrating refugees into the labour market will be impossible without active, solid support from micro-enterprises and small and medium-sized enterprises in the EU;
Amendment 288 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. stresses that comprehensive language training for refugees is of the utmost importance; stresses that such training should begin as soon as possible and that job-related language knowledge is essential for refugees to integrate in companies;
Amendment 289 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Calls for micro-enterprises and small and medium-sized enterprises (SMEs) not to be required in any way to disclose non-financial information about their voluntary social engagement; emphasises that such disclosure can generate disproportionately high bureaucratic costs and would jeopardise, rather than foster, social engagement from firms;
Amendment 290 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. emphasises that the European Parliament made it absolutely clear in its resolution of 6 February 2013 on Corporate Social Responsibility (CSR) (2012/2097 (INI)), that in a free society, CSR can never make charitable action compulsory; is firmly convinced that if CSR were made compulsory, people would be less willing to support charitable causes;
Amendment 291 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21f. calls on the Commission and the Member States to intensify their efforts to combat the letterbox company problem;
Amendment 292 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21g. stresses that the temporary employment industry is particularly important to SMEs and a nuanced view should be taken of it, and this is particularly the case for its collective systems; the Commission and Member States should support all forms of temporary employment, particularly those which act as a bridge to permanent employment ;
Amendment 293 #
2015/2320(INI)
Motion for a resolution
Paragraph 21 h (new)
Paragraph 21 h (new)
21h. firmly believes that the Master Craftsman Certificate must be maintained;
Amendment 4 #
2015/2257(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. PWelcomes the fact that an agreement was able to be reached with the Council which, despite financial constraints, enabled the Erasmus+ budget to be increased by 40 % for the period 2014 to 2020; emphasises that, as a result, more than four million young Europeans will have the chance to enhance their skills and employability; considers the foregoing to be an important contribution to overcoming high youth unemployment rates in certain Member States; points out that Erasmus and other mobility programmes have fostered European integration and strengthened the idea of citizenship; notes that these programmes have had an indirect impact on employment; points out that mobility in the context of vocational education and training (VET) is fundamental to the fight against unemployment, enhances employability and reduces the skills gap;
Amendment 18 #
2015/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 37 #
2015/2257(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, despite improvements to the arrangements for the recognition of diplomas, credits, skills certificates, competency accreditations and acquired expertise in the context of VET, a legal basis applicable throughout the EU is neededprovisions currently in force in the EU need to be fully implemented in all Member States;
Amendment 40 #
2015/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that, with regard to the high youth unemployment rates in certain Member States, a primary objective of Erasmus+ should be to prepare young people for employment; at the same time places particular emphasis on the need to preserve the status of activities outside of school, vocational training and study within the Erasmus+ programme; considers therefore that there is room for improvement in the promotion of youth work, artistic and cultural activities, political participation, adult education and mass sports; calls for the Youth in Action and Grundtvig programmes not to be disregarded;
Amendment 47 #
2015/2257(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Expresses concern that Erasmus+ is viewed by young people primarily as a programme for students in higher education; therefore recommends that greater importance be attached to raising the European, national and regional profile of the different areas and the sub- programmes relating to each, such as school-level education (Comenius), higher education (Erasmus), international higher education (Erasmus Mundus), vocational education and training (Leonardo da Vinci) and adult education (Grundtvig), as well as youth (Youth in Action) and sports;
Amendment 68 #
2015/2257(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out that the integration of asylum seekers, in light of their consistently high numbers, can only be achieved on the basis of education and training; recommends therefore that the Commission investigate in what way asylum seekers with a recognised right of abode can be given the opportunity to participate in Erasmus+ scholarship programmes;
Amendment 71 #
2015/2257(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges that the manufacturing sector, including SMUs, should be more closely involved in the framing, and implementation and funding of VET mobility programmes; considers that SMUs should make sufficient financial resources available for this purpose; acknowledges that SMUs in the EU already dedicate much of their time to VET; believes that flexible and constructive dialogue between training centres and firms will ensure that VET is a success;
Amendment 79 #
2015/2257(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that the foreign language skills of participants in Erasmus+ projects will be enhanced by standardised online language tests and language courses, for example by means of the OLS portal1a; emphasises that the expansion of the programme from July 2015 to include language learning for people in vocational training is a particularly important feature making Erasmus+ more attractive to businesses, in light of the fact that good foreign language skills are essential in working life; considers that the OLS portal should be extended to include all official languages of the EU, instead of just six1b; 1aErasmus Online Linguistic Support. 1bwww.erasmusplusols.eu.
Amendment 96 #
2015/2257(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Considers that there is room for general improvement within the framework of Erasmus+ with regard to support for people with disabilities; considers that there is a need for greater financial flexibility with regard to projects involving people with disabilities; considers it worthwhile to appoint so- called coaches for such projects within national agencies, said coaches serving to advise organisers and institutions on the best possible use of funding;
Amendment 114 #
2015/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Seeks to ensure that considerably more project organisers with no prior EU experience can submit scholarship applications; invites national agencies to introduce or expand upon specific support mechanisms for the aforesaid organisers; considers that there is significant room for improvement with regard to the European Commission’s 349 page programme guide1a; considers this to be less than user-friendly; insists upon better transparency, simplicity and clarity; 1aProgramme guide, version 3 of 16 December 2014, http://ec.europa.eu/programmes/erasmus- plus/documents/erasmus-plus- programme-guide_de.pdf.
Amendment 127 #
2015/2257(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a revision of the multiannual financial framework (MFF) based on criteria, including the prior assessment of the effectiveness of measures to combat unemployment, with funding for the less effective provisions being cut, an approach which is particularly important at times of crisis such as these, which are marked by unacceptable imbalances.
Amendment 134 #
2015/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Is concerned by reports from organisers and institutions which call into question whether application forms are being made available in an appropriate and timely manner; calls on the bodies responsible to investigate and address any shortcomings, where appropriate, as quickly as possible;
Amendment 139 #
2015/2257(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls for issues surrounding the European Voluntary Service (EVS), with regards to insurance for participants, approval, database management and support for volunteers, to be addressed in a targeted manner, so as to prevent a decrease in participation;
Amendment 97 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance ofwhereas the principle of ‘ equal pay and social protection for the same work at the same place' for all European workers’ jeopardises the freedom to engage in collective wage bargaining;
Amendment 148 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal forMember States to make more staff and resources available in the area of labour inspection and achieve the goal of one labour inspector per 10 000 workers, in accordance with ILO recommendations; calls on the Commission to support the Member States in establishing effective and efficient labour inspectorates and to draft a directiveommendation based on ILO Convention No 81 on labour inspection;
Amendment 163 #
2015/2255(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Warmly welcomes the agreement to establish a European platform to combat undeclared work which brings together the Commission, the social partners and national authorities in order to step up the fight against undeclared work throughout the Union; regards the platform as a prime example of the added value which the Union brings to social policy;
Amendment 196 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body ofmeasures to promote cross- border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work incooperation between labour inspectors in close coordination with the work of the platform againsto combat undeclared work in order to limit the financial burden involved;
Amendment 227 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for checking whether implementation byt would be effective and efficient if Member States ofwere to set up electronic systems for the registration of the prior declaration of posting missions;
Amendment 239 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based Member States to ratify the International Labour Organisation (ILO) Convention No 189 of 2011 concerning decent work for domestic workers and to ensure fair and decent working conditions for domestic workers; abuse and violence must be prevented; calls on the Commission to investigate the situation of domestic workers in the EU;
Amendment 275 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not beCalls for an assessment of the opportunities and risks which would arise if information on postings were not to be submitted retroactively and that it isif it were to be entered in an electronic register; stresses that care should be taken to check that the competent authorities of the host Member State shwould be able to revise form A1 in the event of serious doubts about whether a posting is genuine;
Amendment 313 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;
Amendment 315 #
2015/2255(INI)
Motion for a resolution
Subheading II
Subheading II
Amendment 326 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Ccalls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liabilityand the Member States to intensify their efforts to combat letterbox companies;
Amendment 369 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; sStresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 393 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directiveStresses the need to take a nuanced view of the temporary employment industry and its collective agreements in particular; the Commission and Member States should support all forms of temporary employment, particularly those which act as a bridge to permanent employment ;
Amendment 432 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls fourges the Commission to analyse whether the introduction of automatic digital records and the development of '“smart tachographs'” for all means of transport, including inland waterway transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (mutransport makes sense; in doing so, it should also take account of the administrative burdens and costs for honest) be equipped with a smart tachograph” 12usinesses; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.
Amendment 469 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission toand Member States to work on clearify the provisions so that a distinction can be drawn and transparent distinctions between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they workwhich are practicable and which cover the many forms which employment relationships can take, and which also do not discriminate against genuinely self-employed workers with a small number of clients, which create legal certainty and which prevent abuse of the rules;
Amendment 486 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 514 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of flight cabin crews, in particular their rest periodat there is no need for ground-handling at airports;
Amendment 524 #
2015/2255(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18. Calls for social rights of flight and cabin crew to be protected;
Amendment 569 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to rapidly draw up proposals to combatinvestigate the extent, and consequences, of unfair competition in the digital and sharing economy;
Amendment 596 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedomsurgent action is needed to help the social market economy become established in all the EU Member States, to protect the freedom of all market participants and, at the same time, to ensure social balance;
Amendment 616 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework represent the first step towards such a basis;
Amendment 633 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Wishes that wage floors be establishedSupports the establishment of wage floors, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;
Amendment 660 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of effective and efficient national unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;
Amendment 665 #
2015/2255(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a.Sees no need to develop an EU-wide unemployment benefit system; fears that this would represent the first step towards the establishment of a transfer union;
Amendment 670 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 687 #
2015/2255(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Emphasises that in its resolution of 6 February 2013 on Corporate Social Responsibility, CSR, (2012/2097 (INI)), the European Parliament made it absolutely clear that charitable activities shall never be an obligation in a free society within the framework of CSR; firmly believes that a commitment to CSR would lead people to be less receptive to charity;
Amendment 689 #
2015/2255(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. requests that enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement; emphasises that this leads to unreasonably high bureaucratic costs and would jeopardise social commitment instead of promoting it;
Amendment 8 #
2015/2233(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset and for the ILO Decent Work Agenda to be complied with;
Amendment 13 #
2015/2233(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for safeguards to ensure that the promotion of trade in services is not brought about by watering down labour law provisions applying in the EU;
Amendment 14 #
2015/2233(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for safeguards to ensure, in every TiSA chapter, that the agreement will not, under any circumstances, serve to weaken, circumvent, or invalidate Member States’ or EU standards in the following areas: workers’ rights, working conditions, social security, social inclusion, and social protection, health and safety at work, vocational training, professional qualifications, free movement of workers and pensioners, social dialogue, and anti-discrimination provisions at the workplace and on the labour market;
Amendment 15 #
2015/2233(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls for the Parliament committee responsible for employment and social affairs to be informed without delay, so as to allow an opportunity for discussion and decision-taking, should any provisions of the final TiSA Agreement be such as to jeopardise, or conflict with, standards in the above areas;
Amendment 79 #
2015/2233(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for TiSA to ensure that EU SMEs will be able to profit without restriction, an aim to be achieved by creating good economic conditions for the export of services and a favourable, competition-driven, and sustainable business environment;
Amendment 78 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that as job and skills profiles become more complex, newchange, ever-changing demands are being placed on training and further education; points out that further training should be job-related and in the common interest of workers and employers; emphasises the importance of social dialogue in efforts to bring course content up to date and develop skills strategies;
Amendment 91 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to adapt educational systems not to the needs of the labour market but rather to promoting teaching and interest in mathematics, IT, science and technology in all educational institutions and to provide incentives for women to work in the field of ICT; calls on the Member States to harmonise digital skills, job profiles and training Europe-wide and to recognise digital skills that are often acquired outside formal training;
Amendment 97 #
2015/2147(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 104 #
2015/2147(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission, inter alia, to use appropriations from the Youth Employment Initiative to support associations (grassroots movements) which teach disadvantaged young people digital skills; calls on Member States to provide support by making premises available;
Amendment 106 #
2015/2147(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on Member States to make appropriations available to employers from all possible funds in order to invest more in the digital training off their less qualified staff or to recruit low-qualified staff with a promise of further training financed from these sources;
Amendment 118 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the establishment of the Europe-wide grand coalition for digital jobs, and encourages businesses to join; calls on the Commission and Member States to facilitate suitable instruments for active participation by SMEs in this coalition; draws attention to the necessary role of private industry in overcoming the shortage of education in digital skills, and notes the vital role of dual training in this context; welcomes the Commission’s e- skills campaign and calls on all participants to further develop these jointly with educational establishments and undertakings;
Amendment 185 #
2015/2147(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission, the Member States and the social partners to suggest ways of enhancing social security for self- employed persons in need of protection, in order to safeguard the effectiveness of existing national systems; stresses the central role of the social partners in shaping an increasingly digitalised world of work; calls on both national and European social partners to monitor and support, in line with their 2015-2017 work programme, digitalisation and its impact on work.
Amendment 1 #
2015/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note ofWelcomes the 2014 EIB Annual Report and the increase by 6.92% to EUR 80.3 billion in the EIB Group’s lending; is very concerned at the increasing high unemployment, inequality and poverty levels, weak investment and the continuous uncertainty in the financial market some Member States; emphasises, at the same time, the signs of economic recovery in many Member States: according to the IMF, the growth rate in the eurozone will be 1.2% in 2015 and 1.4% in 2016 and the market situation for young people has improved, as reflected in significant falls in the unemployment figures in many Member States;
Amendment 17 #
2015/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that EU investment in 2013 decreased by 13% compared with the pre- crisis period with investment in some countries decreasing 25% and even by as much as 60% in others, creating a dangerous investment imbalance in the EU; is of the opinion that this constitutes a major challenge for the EIB; welcomes the fact that the volume of loans granted by the EIB is at its highest level since 2009; endorses the EUR 10 billion increase in the EIB’s capital agreed by all the Member States in 2012 as shareholders in the EIB;
Amendment 22 #
2015/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the urgent need for an increase in EIB lending activitat there is a significant shortfall in investment in the EU; calls for the Commission initiative to mobilise EUR 315 billion in new investment through the European Fund for Strategic Investments (EFSI) to be implemented without delay;
Amendment 39 #
2015/2127(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the EIB to re-examine its strategic planning programme, given the high degree of concentration of funding for the four biggest economies in the EU accounting for more than 45%, and the disproportionate rise in unemployment levels in some other countries which remains at alarming levels, and which could hamper economic convergence in the EU and further damage growth prospects and social cohesion in specific countries and regions in the EUWelcomes the fact that the EIB has responded to the sovereign debt crisis by expanding its activities significantly and even by doubling its investment activity in the countries worst affected;
Amendment 47 #
2015/2127(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that expanding the EIB’s financing activities is no substitute for consolidated budgets and structural reforms in the Member States;
Amendment 48 #
2015/2127(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises that investment, structural reforms and sound budgetary policies must be part of an overall strategy;
Amendment 55 #
2015/2127(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note of the establishment of the European Fund for Strategic Investment (EFSI) and emphasises the need for the EFSI to function in an effective, transparent and fair way and to take into account that priority should be given to projects in strategic sectors, countries in adjustment programmes and regions which have difficulties in attracting funding because of their high risk environmentwhich meet the criteria laid down in the EFSI regulation;
Amendment 64 #
2015/2127(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that the EIB should give priority to innovation-based projects which offer clear European value added;
Amendment 65 #
2015/2127(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Endorses the paradigm shift away from the use of public funds in the form of subsidies and towards loans and guarantees designed to mobilise private capital;
Amendment 66 #
2015/2127(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the greater emphasis the EIB is placing on supporting small and medium-sized enterprises; calls on the EIB to cooperate more closely with regional public institutions with a view to optimising the financing possibilities for SMEs;
Amendment 67 #
2015/2127(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Welcomes the improvements to the EIB’s advisory services, which will make for more efficient use of EU funds and more effective preparation and implementation of projects;
Amendment 96 #
2015/2127(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the EIB to re-evaluate the private-public partnerships in terms of their profitability for the relevant economies and societies and to examine alternative methods of funding, possibly through increasing public investments;
Amendment 117 #
2015/2127(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the EIB to further enhance transparency and access to information both internally and for the public, especially regarding the selection, monitoring and evaluation of activities and programmes, provided that no sensitive business information is involved;
Amendment 121 #
2015/2127(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the EIB to review is administrative procedures with a view to speeding up the loan award process;
Amendment 36 #
2015/2116(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the directive on equal treatment in employment and occupation has been implemented in exemplary fashion by many Member States, and whereas many Member States have established such a high level of protection that it has set global standards;
Amendment 54 #
2015/2116(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. convinced that a humane society is necessarily based on the principle of solidarity between the generations;
Amendment 55 #
2015/2116(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas, if the economy and society are to achieve their purposes, they need the experience, input and wealth of ideas of all generations;
Amendment 63 #
2015/2116(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Council to break the deadlock and speed up the adopcarry out a detailed analysis of the reasons for the deadlock in the negotiations of then a horizontal anti-discrimination directive proposed by the Commission in 2008and to take a final decision on the fate of the proposal against this background;
Amendment 159 #
2015/2116(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Defines intergenerational justice as the equal distribution of benefits and burdens between the generations; considers that functional cooperation between the generations is based on solidarity and must be informed by mutual respect, responsibility and a willingness to care for one another;
Amendment 162 #
2015/2116(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes that a one-sided rejuvenation of workforces does not lead to more innovation, but represents a waste of experience, knowledge and skills;
Amendment 193 #
2015/2116(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States to conduct a review of upper age limits for certain jobs and posts and for eligibility for loans, and to do away with such limits;
Amendment 194 #
2015/2116(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that a policy for justice between the generations must aim to create the tools needed to conduct an open and frank intergenerational dialogue with a view to achieving win-win situations; calls on the Commission and Member States to work intensively on such tools in order to create solidarity;
Amendment 243 #
2015/2116(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Emphasises that the legislative process at all levels should take account of the bureaucratic burden on microenterprises and small and medium- sized enterprises and that proposed measures should undergo a proportionality assessment;
Amendment 26 #
2015/2107(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas current socio - economic crises led to increase in the adoption of legislation allowing extended working hours until late in the evening, night work, work on Public holidays and Sundays, as well as to the breach of rules regulating break and rest periods; whereas some sectors became more affected, such as retail services, where most of those employed are women, which has direct negative consequences on working conditions, employees health, and on securing work - life balance and social cohesion;
Amendment 31 #
2015/2107(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas women in rural areas have more difficulties in exercising their labour and health rights and are more deprived of access to basic public health services, special medical treatments, and early cancer detection examinations;
Amendment 52 #
2015/2107(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to secure through the Working Time Directive and other relevant legislation working hours respecting workers' health, safety and human dignity and to regulate more efficiently the balance of work and private life of workers as well as weekly common day of rest which in principle should be Sunday;
Amendment 72 #
2015/2107(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Encourages Member States to secure equal opportunities of exercising labour rights and equal access to public health care services to all its citizens, especially taking into consideration women in rural areas and other vulnerable groups of citizens.
Amendment 121 #
2015/2107(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that health and safety at the workplace is one of the areas of EU law which contains the most detailed provisions and that workers enjoy a level of protection which sets an international standard; stresses that the EU’s primary aim should be to secure the full implementation of these workers’ rights in all the Member States as quickly as possible;
Amendment 144 #
2015/2107(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for reliable statistics to be compiled on the strengths and weaknesses of the EU rules in the area of health and safety at the workplace; emphasises, in that connection, that the data compilation procedures must not generate an additional administrative burden and additional costs for companies;
Amendment 176 #
2015/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Member States, once reliable data is available, to incorporate quantitative and measurable targets into their national strategies;
Amendment 188 #
2015/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the importance of taking intomuch greater account of the situation, and the specific needs and lack of compliance byof micro and small enterprises in the context of the implementation of OSH measures at company level; encourages the Commission, EU-OSHA and the Member States to continue developingdo much more to develop simple and practical tools and guidelines, which improve the compliance of SMEs with OSH requirements; in the long term; points out that inadequate compliance is a problem among micro- and small enterprises in particular; emphasises, however, that this state of affairs can mainly be attributed to a lack of time, money and information;
Amendment 277 #
2015/2107(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that many workers are still exposed to asbestos in their workplace; calls on the EU to work closely with social partners and the Member States to promote and coordinate Member States’ efforts to develop national action plans for the management and safe removal of asbestos; calls on the Commission to check the extent to which each Member State has incorporated the right to compensation for workers who have been shown to be affected by asbestos into its laws or administrative provisions;
Amendment 9 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that future trade agreements should take into account Parliament’s resolutions on the Transatlantic Trade and Investment Partnership and on the Trade in Services Agreement, which remain valid for the future EU trade policy, in particular as far as the protection of public services is concerned; calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset and for the ILO Decent Work Agenda to be complied with;
Amendment 42 #
2015/2105(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for safeguards to ensure as a matter of principle that trade agreements will not, under any circumstances, serve to weaken, circumvent, or invalidate Member States’ or EU standards in the following areas: workers’ rights, working conditions, social security, social inclusion and social protection, health and safety in the workplace, professional training, professional qualifications, free movement of workers and pensioners, social dialogue, anti-discrimination in the workplace and on the employment market;
Amendment 53 #
2015/2105(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the Parliament committee responsible for employment and social affairs to be informed without delay, so as to allow an opportunity for discussion and decision-taking, should any provisions of trade agreements be such as to jeopardise, or conflict with, standards in the above areas;
Amendment 93 #
2015/2105(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the importance of binding measures for due diligence in the production chain, ensuring liability going beyond voluntary corporate social responsibility (CSR) initiatives; firmly rejects, however, compulsory CSR being made applicable to SMEs;
Amendment 98 #
2015/2105(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for trade agreements to ensure that EU SMEs will be able to profit without restriction, an aim to be achieved by creating good economic conditions for the export of goods and services and a favourable, competition-driven, and sustainable business environment;
Amendment 53 #
2015/2097(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that levels of protection and benefits afforded to parents in the Member States vary considerably and that European rules should not have the effect of complicating, restricting or increasing the cost of national systems that already work well and offer a high level of performance;
Amendment 96 #
2015/2097(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the flexibility the directive grants to the Member States to define forms of parental leave – part-time or full-time – and the working and notice periods established as conditions for granting parental leave; welcomes the initiatives introduced by the Member States to give workers as much flexibility as possible in this area, ensuring that parental leave ties in with their professional and personal circumstances, but believes that any choices made to cede some of the decision-making power to employers should not undermine the targetll arrangements should have the fundamental aim of increasing the taking of parental leave;
Amendment 106 #
2015/2097(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States when making their arrangements to ensure that enterprises can plan with certainty and to pay particular attention to the needs of the smallest and small and medium-sized enterprises in this regard;
Amendment 115 #
2015/2097(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 133 #
2015/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 140 #
2015/2097(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to introduce financial compensation for parental leave with a view to reaching a level that would act as an incentive for income replacement, over the minimum time period guaranteed by the directive, based on the average EU maternity leave income replacement rate, in order to safeguard families’ social and economic wellbeing;
Amendment 162 #
2015/2097(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 193 #
2015/2097(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 14 #
2015/2094(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the situation of male domestic servants and carers must not be overlooked and that a report on their specific problems and challenges should be drawn up sooner rather than later,
Amendment 36 #
2015/2094(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas illicit employment and exploitation are widespread in both sectors,
Amendment 53 #
2015/2094(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the work of domestic workers and carers makes the lives of older people, parents, including single parents, and children substantially easier and that they therefore deserve a high level of social recognition; equally, the huge commitments to caregiving made by volunteers and family members cannot be valued highly enough,
Amendment 110 #
2015/2094(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the establishment of an office, a helpline and a website providing assistance and information on the rights of women workers in each Member State in the national language and other appropriate languages;
Amendment 134 #
2015/2094(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for resolute action to be taken against undertakings in either sector whose business model relies on exploiting illegal workers so as to minimise operating costs, maximise profits and drive lawful undertakings out of the industry;
Amendment 64 #
2015/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the fundamental role of corporate social responsibility (CSR) in ensuring sustainable economic growth both in the European Union and around the world; urges the Commission to adopt a new strategy on CSR that establishes stronger reporting and compliance requirements, and urges the Member States to endorse the promotion of CSR.;
Amendment 73 #
2015/2038(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that in its resolution of 6 February 2013 on Corporate Social Responsibility, CSR (2012/2097/INI) the European Parliament made it absolutely clear that in a free society CSR can never make charitable action compulsory; is firmly convinced that if CSR were to be made compulsory, people would be less willing to support charitable causes;
Amendment 81 #
2015/2038(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Is firmly convinced that entrepreneurial freedom and the principle of the voluntary nature of CSR and the basic tenet that in a free society support for charitable causes can never be made compulsory must form the basis for all consideration of and for the framing of any legal rules governing CSR;
Amendment 85 #
2015/2038(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Urges that microenterprises and small and medium-sized enterprises (SMEs) must not in any way be required to disclose non-financial information about their voluntary social engagement; emphasises that such disclosure can generate disproportionately high bureaucratic costs and would jeopardise, rather than fostering, social engagement on the part of firms;
Amendment 3 #
2015/2010(INL)
Motion for a resolution
Recital A
Recital A
A. whereas a consortium of journalists, the International Consortium of Investigative Journalists (ICIJ), on tax rulings and other harmful practices in Luxembourg (LuxLeaks) revealed in November 2014 that nearly 340 multinational companies secured secret deals from Luxembourg that allowed many of them to slash their global tax bills to a minimum, to the detriment of EU public interest, while creating little or no economic activity within Luxembourg;
Amendment 9 #
2015/2010(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the revelations showed that tax advisors have helped multinational companies deliberately, and in a targeted fashion, to obtain at least 548 tax rulings in Luxembourg between 2002 and 2010; whereas those secret deals feature complex financial structures designed to create substantial tax reductions; whereas the tax rulings provide written assurance that multinational companies’ tax-saving plans would be viewed favourably by Luxembourg authorities;
Amendment 13 #
2015/2010(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, as a result of those tax rulings, somea large number of companies have enjoyed effective tax rates of less than 1 % on the profits they have shifted into Luxembourg;
Amendment 26 #
2015/2010(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the investigations carried out under the TAXE Committee revealed that the practice of tax rulings does not exclusively take place in Luxembourg but is common acrossthroughout the Union; whereas the practice of tax rulings can be used legitimately to provide legal certainty for business, but is nevertheless open to potential abuse and is extremely disadvantageous to small and medium- sized enterprises (SME); whereas regard is had to the report from the Organisation for Economic Cooperation and Development (OECD) published on 12 February 2013 entitled ‘Addressing Base Erosion and Profit Shifting’ proposed new international standards to combat base erosion and profit shifting (BEPS); whereas regard is also had to the Communiqué issued following the Meeting of Finance Ministers and Central Bank Governors of the G20 which took place on [to be inserted];
Amendment 43 #
2015/2010(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the loss arising from BEPS also clearly demonstrates the lack of a level playing- field between those companies which operate only in one country and pay their taxes there, and certain multinational companierporations which are able to shift profits from high tax to specific low tax jurisdictions and engage in aggressive tax planning, thereby reducing their overall tax base and placing additional pressure on public finances to the detriment of EU citizens and SMEs;
Amendment 45 #
2015/2010(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the loss arising from BEPS also clearly demonstrates the lack of a level playing- field between those companiecorporations which operate only in one country and pay their taxes there, and certain multinational companierporations which are able to shift profits from high tax to low tax jurisdictions and engage in aggressive tax planning, thereby reducing their overall tax base and placing additional pressure on public finances;
Amendment 52 #
2015/2010(INL)
Motion for a resolution
Recital L
Recital L
L. whereas aggressive tax planning is facilitated by increasing business complexity and by the digitalisation and globalisation of the economy, among other factors, leading to distortions of competition harmful to Union undertakingsin the long term to Union SMEs in particular and to growth;
Amendment 68 #
2015/2010(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the lack of coordinated tax policies in the Union leads to significant cost and administrative burden for citizens and businesses operating cross-border within the Union, - even more so for SMEs - and results in unintended non-taxation or facilitates aggressive tax planning;
Amendment 83 #
2015/2010(INL)
Motion for a resolution
Recital T – introductory part
Recital T – introductory part
T. whereas increased transparency in the area of corporate taxation can improve tax collection, make the work of tax authorities more efficient or can increase public confidence in tax systems and governments, and that should be adopted as a long-term objective;
Amendment 147 #
2015/2010(INL)
Motion for a resolution
Recital U – point ii
Recital U – point ii
(ii) whereas despite the work of the Code of Conduct Group on harmful corporate taxation, aggressive tax planning measures continue to exist throughout the Union; whereas therefore the efficiency and functioning of the Group needs to be improved and made more transparent;
Amendment 17 #
2015/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Strongly supports efforts to increase the proportion of women managers in the EU;
Amendment 18 #
2015/2007(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that State intervention is necessary when a gender is structurally disadvantaged and is denied the chance of self-realisation; emphasises that the aim must not be gender parity, but rather equal opportunities;
Amendment 19 #
2015/2007(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that diversity is a sign of economic success;
Amendment 28 #
2015/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that quotas for female managers cannot apply to microenterprises and small and medium- sized enterprises (SMEs), as they simply do not have sufficient employees;
Amendment 34 #
2015/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that the subsidiarity principle must be strictly applied in connection with quotas;
Amendment 37 #
2015/2007(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls, in the context of all measures taken in this area, for the bureaucratic burden on firms to be kept to a minimum; points out that excessive amounts of red tape can jeopardise acceptance and lead to job losses and job relocations; welcomes the workable, consensus-based compromises reached by the two sides of industry in Member States with a strong tradition of codetermination; regards codetermination as a best-practice model for European economies;
Amendment 44 #
2015/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Demands a regular exchange of best practices among all relevant stakeholders, including social partners, to discuss the implementation of the gender aspect in the Digital Agenda; calls on the Commission to address this issue in its 2016 work programme initiative ‘New start for working parents’; emphasises the contribution this can make to easing the skills shortage in many Member States;
Amendment 60 #
2015/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that more flexible working hours make it much easier for men and women to organise their lives in keeping with their circumstances and stage of life;
Amendment 37 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to nine rounds of talks from 2002 to 2010 between high ranking representatives of the Chinese government and the Dalai Lama,
Amendment 38 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to ‘Tibet’s Path of Development Is Driven by an Irresistible Historical Tide’, China’s White Paper on Tibet, published by China’s State Council Information Office, 15 April 2015,
Amendment 40 #
2015/2003(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
– having regard to the 2008 Memorandum and the 2009 Note on Genuine Autonomy both presented by the Representatives of the 14th Dalai Lama,
Amendment 257 #
2015/2003(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that China will extend government's control over civil society via upcoming NGO regulations by banning non-registered NGOs "from overseas" to fund Chinese individuals or organisations, and vice versa by prohibiting Chinese groups from conducting "activities" related to non- registered NGOs;
Amendment 298 #
2015/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the urgency of environmental protection measures, bearing in mind, for example, that in 2014 only eight out of 74 major cities reached the national standard of PM 2.5 air pollution concentrations; warns that the double water crisis (massive pollution combined with increased water usage) could cause major political and social instability; welcomes the fact that under the new environmental protection law local cadres are accountable, also retroactively, for environmental damage caused during their tenure; is deeply concerned about the destruction of Tibet's environment as a result of China's policies of fast-track development in the region since 1999, underlines in this respect that the Tibetan plateau is warming twice as fast as the rest of the world, which may cause the melting of Tibet's estimated 46,000 glaciers;
Amendment 305 #
2015/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that in recent years China's anti-terrorism policy has evolved rapidly from a somewhat reactive ‘defence against terror' approach to a proactive ‘war on terror', along with permanent ‘crisis management' entailing action to an unprecedented extent in affected regions and in society; is concerned about the upcoming Chinese law on 'counter- terrorism', which may lead to further violations of human and freedom rights, especially in Tibet and Xinjiang as regions with minority populations;
Amendment 394 #
2015/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a strong contradiction exists between the official Chinese aspiration to the universality of human rights and the worsening human rights situation; notes that the recent worsening of the situation of human and freedom rights in China has started in 2013; is worried that the situation will become even worse with Chinese laws foreseen to be adopted in 2015 on 'counter-terrorism', 'national security' and NGOs;
Amendment 419 #
2015/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the fact that in China freedom of religion is not a right, but a matter for the state, which sets the limits of what is permissible; supports the resistance of Chinese churches against the government's renewed strategy of ‘sinicisation' of Christianity; condemns, in particular, the ongoing anti-Christian campaign in the province of Zhejiang, during which dozens of churches were demolished and more than 400 crosses removed in 2014; shares the concerns of churches about other provinces where there is a strong Christian presence; condemns moreover anti-Buddhism campaigns via the "patriotic education" approach, including measures to state-manage Tibetan Buddhist Monasteries, condemns "legal education" programmes for Buddhist monks and nuns; cannot understand and accept a ban on images of the Dalai Lama in China; is concerned that China's Criminal Law is being abused to persecute Tibetans and Buddhists, sees its concerns confirmed as monks and nuns make over 40% of the political prisoners in Tibet;
Amendment 444 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. is deeply concerned that the Chinese government continues its hard-line policies against the Tibetan people, especially by rejecting the Dalai Lama's "Middle Way Approach" and to defame it as a separatist strategy as recently happened in the official Chinese 'White Paper on Tibet of April 2015'; strongly underlines and supports the Middle Way Approach which seeks neither independence nor separation from the People's Republic of China; emphasises that the Middle Way Approach calls for genuine autonomy for the Tibetan people within the framework of the Constitution of the People's Republic of China;
Amendment 446 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned that Lama Tulku Tenzin Delek Rinpoche, imprisoned since 2002 for 20 years, died on 13 July 2015 due to denial of access to medical care; is deeply concerned that 10 other prominent Tibetan prisoners also died due to such reasons and as a result of torture in 2014; demands a detailed investigation of all these death cases;
Amendment 451 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is deeply concerned about the fact that over 142 Tibetans have resorted to self-immolations to protest against the suppression of the Tibetan people; rejects any linkage between self-immolations and terrorism, as no Chinese citizen has ever been injured by such dramatic and desperate acts;
Amendment 452 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Strongly condemns any kind of state measures which aim to collectively punish people associated with self-immolators - such as friends, colleagues, families or entire villages - as violations of international law, which clearly bans collective punishment;
Amendment 455 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is deeply concerned about the forceful re-settlement of more than 2 million Tibetan nomads and herdsmen since 2006 to 'New Socialist Villages', as they are cut off from medicare, education and prosperity; is deeply concerned about the continued transfer of Han Chinese population into Tibet as well as the state goal to increase the population in Tibet by 30 percent till the end of 2020;
Amendment 461 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highly recommends and urgently calls on China to resume the currently stalled Sino-Tibetan Dialogue as the best political instrument to achieve a mutual and realistic solution for the current instability in Tibet; is extremely worried that the current tensions may lead to an even worse situation in the near future;
Amendment 166 #
2015/0226(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The involvement of third parties in helping to check compliance of a securitisation with the STS requirements may beis useful for investors, originators, sponsors and SSPE's and cwould contribute to increase confidence in the market for STS securitisations. However, it is essential that investors make their own assessment, take responsibility forOriginators, sponsors and SSPEs should also use the services of a their investment decisions and do not mechanistically rely on suchd party. This should be authorised in accordance with this regulation to assess whether theird parties securitisation complies with the STS criteria.
Amendment 383 #
2015/0226(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a 1. The sponsor of the ABCP programme shall be a credit institution supervised under Directive 2013/36/EU or a regulated fund or asset manager. 2. The sponsor of an ABCP programme shall be a liquidity facility provider and shall support all securitisation positions on an ABCP programme level by covering all liquidity and credit risks and any material dilution risks of the securitised exposures as well as any other transaction costs and programme-wide costs with such support. The sponsor shall disclose a description of the support provided at transaction level to the investors including a description of the liquidity facilities provided. 3. The sponsor of the ABCP programme shall verify before becoming exposed to an ABCP transaction that, the seller grants all its credits on the basis of sound and well-defined criteria and clearly established processes for approving, amending, renewing and financing those credits and has effective systems in place to apply those criteria and processes. The sponsor shall perform its own due diligence and verify that the seller meets sound underwriting standards, servicing capabilities and collection processes that meet the requirements specified in points (i) to (m) of Article 259(3) of Regulation (EU) No 575/2013 or equivalent requirements in third countries. Policies, procedures and risk management controls shall be well documented and effective systems shall be in place. 4. The seller, at the level of a transaction, or the sponsor, at the level of the ABCP programme, shall satisfy the risk retention requirement in accordance with Article 4. 5. Article 5 shall apply to ABCP programmes. The sponsor of the ABCP programme shall be responsible for compliance with Article 5 and shall : (a) make all aggregated information required by point (a) of Article 5(1), available to investors, such information being updated on a quarterly basis ; (b) make the information required by points (b) to (e) of Article 5(1) of this Regulation, available 6. In the event that the sponsor does not renew the funding commitment of the liquidity facility before its expiry, the liquidity facility shall be drawn down and the maturing securities shall be repaid.
Amendment 386 #
2015/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 412 #
2015/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In addition to the self-certification mechanism described in article 14(1), the originator, sponsor and SSPE should use the service of a third party authorised pursuant to Article 14(a) to assess whether a securitisation complies with articles 7 to 10 or articles 11 to 13. The STS notification shall include a statement that the compliance with the STS criteria is confirmed by that authorised third party. The notification must include the name of the authorised third party, its place of establishment and the full and original name of the competent authority.
Amendment 431 #
2015/0226(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 451 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. These rules should recognise the good faith of the market participants, through a proportionate application of the sanctions, taking into consideration the nature of the breach.
Amendment 456 #
2015/0226(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Where a bona fide breach has occurred: (a) the STS label should remain during the entire lifetime of the securitised instrument if the breach is remedied (b) if the STS label remains and the breach is remedied, there should be no situation of forced seller
Amendment 104 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 1
Member States should facilitate job creation, dismantle red tape on a large scale, reduce barriers for business to hire people, promote entrepreneurship and in particular support the creation and growth of smallmicro-, small and medium-sized enterprises in order to increase the employment rate of women and men, in particular young people. Member States should also actively promote the social economy and foster social innovation.
Amendment 119 #
2015/0051(NLE)
Annex 1 – section 1 – paragraph 2
The tax burden should be shifted away from labour to other sources of taxation that are less detrimental to employment and growth while protecting; any such shift should be preceded by intensive scholarly studies and objective analyses; at the same time revenue for adequate social protection and growth enhancing expenditures should be protected. Reductions in labour taxation should be aimed at the relevant components of the tax burden and at removing barriers and disincentives to labour market participation, in particular for those furthest away from the labour market.
Amendment 137 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 1
Member States should promote productivity and employability through an appropriate supply of relevant knowledge and skills. Member States should make the necessary investments in education and vocational training systems while improving their effectiveness and efficiency to raise the skill level of the workforce, allowing it to better anticipate and meet the rapidly changing needs of dynamic labour markets in an increasingly digital economy. Member States should step up efforts to prevent young people from dropping out of school, to ensure a smoother transition from education and training to professional life, to improve access to quality adult learning for all and implement active ageing strategies to enable longer working lives.
Amendment 149 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 2
High unemployment should be tackled and long-term unemployment prevented. The number of long-term unemployed should be significantly reduced by means of comprehensive and mutually reinforcing strategies, including the provision of specific active support to long-term unemployed to return to the labour market. The youth unemployment needs to be comprehensively addressed, including by equipping the relevant institutions with the necessary means to fully and consistently implement their national Youth Guarantee Implementation Plans, but also by the rapid take-up of resources by Member States.
Amendment 153 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 3
Structural weaknesses in education and training systems should be addressed to ensure quality learning outcomes and prevent and tackle early school leaving. That requires flexible school and education systems with a practical focus. Member States should increase educational attainment and consider dual learning systems and upgrading professional training while at the same time increaseing opportunities for recognising skills acquired outside the formal education system.
Amendment 174 #
2015/0051(NLE)
Annex 1 – section 2 – paragraph 5
Member States should make a full, effective and efficient use of European Social Fund and other Union funds' support in order to improve employment, social inclusion, education and public administration.
Amendment 185 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 1
Member States should reduce labour market segmentation. Employment protection rules and institutions should provide a suitable environment for recruitment while offering adequate levels of protection to those in employment and those seeking employment or employed on temporary contracts or independent work contracts. Quality employment should be ensured in terms of socio-economic security, durability, education and training opportunities, working conditions (including health and safety) and work-life balance.
Amendment 207 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 4
Mobility of workers should be ensured with an aim of exploiting the full potential of the European labour market, including by enhancing the portability of pensions and the recognition of qualifications. Member States should at the same time guard against abuses of the existing rules. In the process, account should be taken of the fact that, as regards quality assurance and consumer protection, conditions for entering occupations can be of particular significance.
Amendment 221 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 1
Member States should eliminate the burden of red tape for small and medium- sized enterprises and modernise their social protection systems to provide effective, efficient, and adequate protection throughout all stages of an individual’s life, ensuring fairness and addressing inequalities. There is a need for simplified and better targeted social policies complemented by affordable quality childcare and education, training and job assistance, housing support and accessible health care, access to basic services such as bank account and Internet and for action to prevent early school leaving and fight social exclusion.
Amendment 8 #
2015/0026(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure that the additional initial pre- financing amount is used for the immediate implementation of the YEI, it should be foreseen that this amount is reimbursed to the Commission, if the Union contribution from the YEI does not amount to an adequate level in interim payment applications submitted to the Commission 12 months after the entry into force of this Regulation. This measure is a safeguard to ensure that eligible Member States set up the required structures to promptly implement the YEI. Member State action is urgently needed to deliver on the YEI and combat alarming levels of youth unemployment.
Amendment 95 #
2015/0009(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Many micro, small and medium enterprises, as well as mid-cap companies, across the Union require assistance to attract market financing, especially as regards investments that carry a greater degree of risk. The EFSI should help these businesses to overcome capital shortages by allowing the EIB and the European Investment Fund ('EIF') to provide direct and indirect equity injections, as well as to provide guarantees for high-quality securitisation of loans, and other products that are granted in pursuit of the aims of the EFSI.
Amendment 100 #
2015/0009(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The EFSI should be established within the EIB in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible. The work of the EFSI on providing finance to micro, small and medium enterprises and small mid-cap companies should be channelled through the European Investment Fund ('EIF') to benefit from its experience in these activities.
Amendment 126 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with very high potential for high-quality job creation and projects with a higher risk- return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 133 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be viable economically and, technically viableand from the point of view of employment, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 147 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects. The Investment Committee should also comprise representatives of the social partners and of SMEs. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 165 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to micro, small and medium-sized enterprises. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's economic, social and territorial cohesion.
Amendment 179 #
2015/0009(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Alongside the financing operations that will be conducted through the EFSI, a European Investment Advisory Hub ('EIAH') should be created. The EIAH should provide strengthened support for project development and preparation across the Union, by building on the expertise of the Commission, the EIB, national promotional banks and, the managing authorities of the European Structural and Investment Funds and SMEs. This should establish a single point of entry for SMEs and for questions related to technical assistance for investments within the Union.
Amendment 189 #
2015/0009(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with support from the Member States, should promote the creation of a transparent pipeline of current and future investment projects in the Union suitable for investment. This 'project pipeline' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions. In connection with the pipeline, value will be attached to the protection of essential business secrets.
Amendment 208 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on micro, small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 212 #
2015/0009(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Many micro, small and medium-sized enterprises, as well as mid-cap companies, across the Union require assistance to attract market financing, especially as regards investments that carry a greater degree of risk. The EFSI should help these businesses to overcome capital shortages by allowing the EIB and the European Investment Fund ('EIF') to provide direct and indirect equity injections, as well as to provide guarantees for high-quality securitisation of loans, and other products that are granted in pursuit of the aims of the EFSI.
Amendment 232 #
2015/0009(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The EFSI should be established within the EIB in order to benefit from its experience and proven track record and in order for its operations to start to have a positive impact as quickly as possible. The work of the EFSI on providing finance to micro, small and medium-sized enterprises and small mid-cap companies should be channelled through the European Investment Fund ('EIF') to benefit from its experience in these activities.
Amendment 272 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with very high potential for high-quality job creation and projects with a higher risk- return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 305 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be viable economically and, technically viableand from the point of view of employment, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 322 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects. The Investment Committee should also comprise representatives of the social partners and of SMEs. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 323 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects. The Investment Committee should be accountable to a Steering Board of the EFSI, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of micro, small and medium-sized enterprises and small mid- cap companies.
Amendment 435 #
2015/0009(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Alongside the financing operations that will be conducted through the EFSI, a European Investment Advisory Hub ('EIAH') should be created. The EIAH should provide strengthened support for project development and preparation across the Union, by building on the expertise of the Commission, the EIB, national promotional banks and, the managing authorities of the European Structural and Investment Funds and SMEs. This should establish a single point of entry for SMEs and for questions related to technical assistance for investments within the Union.
Amendment 493 #
2015/0009(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with support from the Member States, should promote the creation of a transparent pipeline of current and future investment projects in the Union suitable for investment. This 'project pipeline' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions. In connection with the pipeline, importance will be attached to the protection of essential business secrets.
Amendment 551 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on micro, small and medium-sized enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 11 #
2014/2255(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a humane society is based on the principle of solidarity between generations;
Amendment 19 #
2014/2255(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the economy and society need the life experience, the commitment and imagination of all generations if they are to achieve their goals;
Amendment 45 #
2014/2255(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Defines intergenerational justice as the equal distribution of benefits and burdens between the generations; considers that functional cooperation between the generations is based on solidarity and must be informed by mutual respect, responsibility and a willingness to care for one another;
Amendment 47 #
2014/2255(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes and welcomes the fact that it has become clear through the EJ2012 events and initiatives that older people are not a burden on the economy and society, but rather – through their experience, their achievements and their knowledge – an asset;
Amendment 143 #
2014/2255(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes that a one-sided rejuvenation of workforces does not lead to more innovation, but represents a waste of experience, knowledge and skills;
Amendment 154 #
2014/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Deplores the fact that people’s patterns of employment are becoming increasingly uneven and insecure as a result of temporary work, the growth of short-term contracts, marginal employment and unemployment;
Amendment 163 #
2014/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that demographic change should not be advanced as a justification for the dismantling of social entitlements and services;
Amendment 164 #
2014/2255(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Regrets that scarcely any specific initiatives were implemented in EJ2012 to promote mixed-age teams in the work process; urges that more should be done to support such initiatives and to reward outstanding projects;
Amendment 169 #
2014/2255(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Council and the Member States to conduct an impartial review of upper age limits for certain jobs and posts and for eligibility for funding, and to do away with such limits;
Amendment 182 #
2014/2255(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that a policy for justice between the generations must aim to create the necessary tools for conducting an open and frank intergenerational dialogue with a view to achieving win-win situations; calls on the Commission and Member States to work intensively on such tools in order to create solidarity;
Amendment 6 #
2014/2245(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the EU bailout policy has led to the implementation of necessary structural reforms and has enabled the countries affected to make considerable progress in overcoming the economic, financial and social crisis;
Amendment 12 #
2014/2245(INI)
Draft opinion
Recital C
Recital C
C. whereas the Cohesion Fund and the Structural Funds are still one of the EU’s main investment instruments, with the potential to alleviate negative trends resulting from the economic crisis and to create high-quality, sustainable jobs, if used efficiently;
Amendment 19 #
2014/2245(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it regrettable that the job creation potential of EU funds is still insufficient, and notes that it should be further strengthened, particularly with a view to supporting micro-, small and medium-sized enterprises, which provide more than 80 % of the jobs in the EU;
Amendment 26 #
2014/2245(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers it regrettable that the unemployment rate among young people in some of the Member States hardest hit by the crisis is still far too high; calls on those Member States in particular to make the best and promptest possible use of the money available under the Youth Employment Initiative, especially the EUR 1 billion in prefinancing once it has been released;
Amendment 36 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that, on account of changes in production patterns, the role of the European Social Fund and investment in adapting workers’ skills have grown significantly; calls on the Member States and the Commission to ensure that available resources are used as effectively and efficiently as possible with a view to ensuring workers’ employability; calls for efforts to focus on small and medium- sized enterprises;
Amendment 4 #
2014/2238(INI)
Motion for a resolution
Recital A
Recital A
A. whereas global trends such as the inefficient use of resources, the unsustainable pressure on the environment, climate change and growing, social exclusion and inequalities are close to the limits beyond which irreversiblecan have powerful impacts on our societies and the natural environment cannot be prevented;
Amendment 27 #
2014/2238(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is clear evidence that shifting from labour to environmental taxation, investing in energy and resource efficiency, and developing the supply chain through a clear industrial strategy has a positive impact on job crea need for precise, independent investigation into the impact of shifting tax burdens (e.g. from labour to environmental taxation);
Amendment 41 #
2014/2238(INI)
Motion for a resolution
Recital H
Recital H
H. whereas SMEs are the most important generators of employment in the EU, account for considerably more than 80% of all jobs and have led the way in many ‘green’ sectors, but may face particular difficulties in fulfilling the job potential of the transition;
Amendment 52 #
2014/2238(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that a transition towards sustainable societies and economies, including sustainable patterns of consumption and production, can generates the potential both to create new jobs and to transform existing employment into green jobs in virtually all sectors and across the entire value chain;
Amendment 67 #
2014/2238(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to commit to a ‘just transition roadmap’ that combines ambitious environmental goals with strong social requirements, including the promotion ofpromote environmental targets and meet effective social requirements, as well as to promote the following aspects: decent work,; healthy and safe working conditions, and training and skills programmes, ands well as the strengthening of worker information, consultation and participation rights regarding matters concerning sustainable development as well as ofs’ rights and effective workforce representation;
Amendment 89 #
2014/2238(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importancedesirability of workers’ participation in these changes; calls forrecommends the involvement of trade union ‘green representatives’ working with employers on increasing sustainability at their workplaces;
Amendment 119 #
2014/2238(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need fordesirability of targeted action by public authorities and services to bridge the skills gap; calls on the Member States to train staff in employment authorities and services to mainstream skills for green employment acrossin labour market policies;
Amendment 124 #
2014/2238(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls onRecommends that the Commission and the Member States to adopt ambitious andinvestigate whether long-term, integrated regulatory, fiscal and financial frameworks to guaranteencourage sustainable investment and encourage innovation, thereby fully unlocking the employment potential of these changes; highlights that policies should be developed in a framework of long-term horizons that includes binding targets where necessary as well as indicators to measure progress towards their achievement;
Amendment 133 #
2014/2238(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the needat Member States are responsible for consistent policies that promote renewable energy production and energy efficiency with a view to triggering local development and creating local jobs;
Amendment 143 #
2014/2238(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to fully respect and implement the new provisions of the revised EU legislation on public procurement, and to introduce proactivelyexamine whether environmental and social criteria in their public procurement policies in order to createcould lead to sustainable jobs;
Amendment 152 #
2014/2238(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to honour its commitment to propose more ambitious waste legislation that makes full use of the significant job potential of the circular economy without delay, while strictly respecting the responsibilities of the Member States;
Amendment 158 #
2014/2238(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to use the EU Semester and the review of the Europe 2020 strategy to support green job creation; calls on the Commission to issue country- specific recommendations that can contribute to higher employment and smaller ecological footprints, including a shiftand calls for detailed independent studies on the costs and benefits of a shift in tax burdens (e.g. from labour to environmental taxation and), as well as the phasing out of counterproductive subsidies by 2020;
Amendment 168 #
2014/2238(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to renew its commitment to the Europe 2020 strategy and to issue its mid-term review without delay; calls on the Commission to introduce quality employment and resource efficiency as lead goals; calls on the Commission to propose more ambitious social and environmental targets for 2030 and 2050;
Amendment 179 #
2014/2238(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the fact thatneed to examine the extent to which investing in energy efficiency promotes local job creation and local economic development, and thatwhether ensuring energy efficiency in buildings is the most cost-effective way to offermeasure with a view to long-term solutions to energy poverty;
Amendment 185 #
2014/2238(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recommends thatintensive independent examination to establish whether it is useful for climate, renewable energy and energy efficiency targets shouldto be considered investment targets;
Amendment 43 #
2014/2237(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas organisations point out that the main cause of increasing child poverty is the so-called austerity measures (a significant reduction of social support to children and families, rising unemployment, the spread of precarious employment and an increase in the tax burden), can exacerbate child poverty und UNICEF states that budget cuts, particularly in the Mediterranean countries, have increased inequalities and helped worsen the living conditions of children10 so that these policies violate the righand whereas generally a policy that leads to the overindebtedness of nations and private households destroys the future prospects of children and may constitute a violation of international obligations under the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights; __________________ 10 UNICEF Office of Research (2014), ‘Children of the Recession: The impact of the economic crisis on child well-being in rich countries’, Innocenti Report Card 12, UNICEF Office of Research, Florenz
Amendment 44 #
2014/2237(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas organisations point out that the main cause of increasing child poverty is the so-called austerity measure[This amendment corrects (a significant reduction of social support to children and families, rising unemployment, the spread of precarious employment and an increase in the tax burden), UNICEF states that budget cuts, particularly in the Mediterranean countries, have increased inequalities and helped worsen the living conditions of children1 so that these policies violate the rights of children and constitute a violation of international obligations under the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rightstypographical error in the German version of the text]; __________________ 10 UNICEF Office of Research (2014), ‘Children of the Recession: The impact of the economic crisis on child well-being in rich countries’, Innocenti Report Card 12, UNICEF Office of Research, Florenz
Amendment 58 #
2014/2236(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Defines social economy enterprises as economic players the primary aim of which is to perform social tasks;
Amendment 20 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i
Paragraph 1 – point i
i) to ensure that TTIP will make a significant positive contribution to safeguarding and creating more and better jobs in the EU and set ambitious global trade standards for sustainable development and labour; not only in Europe and the USA, but worldwide as best practice;
Amendment 39 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ii
Paragraph 1 – point ii
ii) to guarantee, across all chapters of TTIP, that the agreement under no circumstances leads to the weakening, circumvention or invalidation of European Union standards in the following areas: workers’ rights, working conditions, social security, social inclusion and social protection, health and safety in the workplace, professional training, professional qualifications, free movement of workers and pensioners, social dialogue, antidiscrimination in the workplace and on the employment market; furthermore, to ensure that TTIP includes comprehensive provisions on labour laws and policies that are consistent with the core ILO Conventions and the Decent Work Agenda, with a commitment to promote higher standards and, furthermore, to ensure that where disputes arise labour provisions will have a conditional dimension;
Amendment 43 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point ii – point a (new)
Paragraph 1 – point ii – point a (new)
ii a) If final elements of the TTIP agreement should endanger or stand in the way of standards in these areas, the European Commission must inform the responsible Committee on Employment and Social Affairs of the European Parliament of this immediately in order to allow consultation to take place and decisions to be taken;
Amendment 53 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iii
Paragraph 1 – point iii
iii) to ensure that the horizontal dimensions of labour and social provisions of the EU are recognised and fully integrated into all relevant operational parts of the agreement to ensure a coherent and comprehensive approach to trade and sustainable development; it should be strictly ensured that national licensing regulations for professions which have professional employment categories, as well as the master craftsman’s certificate, retain their binding nature;
Amendment 66 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iv
Paragraph 1 – point iv
iv) to ensure that civil society can make a meaningful contribution to implementing relevant TTIP provisions; to this end, at the EU level a TTIP advisory committee should be set up, to which representatives of trade unions, social, environmental and consumer-protection organisations and of the cultural sphere will belong and which will consult on the further development and optimisation of the Transatlantic Trade and Investment Partnership;
Amendment 69 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point iv a (new)
Paragraph 1 – point iv a (new)
iv a) is of the firm conviction that the contracting parties must undertake to apply the following ILO fundamental principles, as laid down in the ILO Declaration of 1 June 1998: freedom of association and the recognition of the right to collective bargaining; elimination of forced or compulsory labour; abolition of child labour, and elimination of discrimination in respect of employment and occupation;
Amendment 97 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vi a (new)
Paragraph 1 – point vi a (new)
vi a) expects considerable benefits for small and medium-sized enterprises, in particular on account of the planned removal of non-tariff trade barriers and in the service sector;
Amendment 104 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vii
Paragraph 1 – point vii
vii) to take steps to promote the uptake of voluntary corporate social responsibility (CSR), which must be additional to and not replace existing labour and environmental laws; in particular, SMEs must not be compelled to adopt CSR; their voluntary contribution is exemplary;
Amendment 105 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vii a (new)
Paragraph 1 – point vii a (new)
vii a) expressly praises companies – in particular medium-sized companies – for their voluntary charitable CSR engagement and will also protect this and give it particular support in the context of TTIP; it is convinced that in a free society SMEs must not be forced to act in a charitable manner;
Amendment 106 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point vii b (new)
Paragraph 1 – point vii b (new)
vii b) condemns corporate corruption and tax evasion; urges the Commission to include these issues in the debate about TTIP;
Amendment 116 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point viii
Paragraph 1 – point viii
viii) to guarantee that agreement on any dispute-settlement mechanism must take into account the results of the public consultation on investor-state dispute settlement (ISDS), must be fully transparent and democratically accountable and must notunder no circumstances restrict or hinder legislators from passing laws in the area of employment policyand social policy, and it must be examined how rules ensuring the impartiality of arbitrators can be developed;
Amendment 9 #
2014/2222(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the economic and social context in thsome EU continues to be bleak, with negative growth rates in the eurozone for the past two years, and with growth now stalled at around 0 %; whereas forecasts have systemically been revised downwards by the Commission, as has been done for 2015 and 2016; whereas recovery is neither robust nor underpinned;Member States is difficult, due to negative or stalled growth rates; whereas recovery is not strong but will continue, according to the IMF, which estimates a growth of 1.2% in the Euro area 2015 and 1.4% in 20161 a; __________________ 1a IMF World Economic Outlook UPDATE,20.01.15, http://www.imf.org/external/pubs/ft/weo/2 015/update/01/pdf/0115.pdf
Amendment 14 #
2014/2222(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas global economy growth is estimated to be on a low level for 2015 and 2016: according to the IMF, 3.5% this year, compared to 3.7% 20161 a; __________________ 1a IMF World Economic Outlook UPDATE,20.01.15, http://www.imf.org/external/pubs/ft/weo/2 015/update/01/pdf/0115.pdf
Amendment 17 #
2014/2222(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the sharp fall in oil prices can be an additional boost for the economy of many EU Member States;
Amendment 21 #
2014/2222(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU needs to make a decisive change in an economic policy that has allowed the Union to drift away from the EU 2020 targets, and that has increased the risks of secular stagnation; debt crisis forced the Union to drift away from the EU 2020 targets; whereas the EU is worryingly losing weight in the world economy, while most other countries are showing solid signs of recovery;the IMF has reduced its expectations concerning the growth for many developed and emerging economies in the world over the next years, whereas in October 2014 the IMF estimated that the probability of a recession in the euro area had increased and would reach 35-40% at year’s end;
Amendment 34 #
2014/2222(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in spite of mildfor the first time since 2011, there has been a small increase in full time contracts and improvements in the situation of young people; whereas however, many of the new jobs created are part-time or temporary1 a ; whereas EU employment is foreseen to start growing, leading to a decline in the overall EU unemployment rate towards 9.5 % by 20161 b ; whereas in spite of these improvements, the unemployment rate remains historically high, with 25 million people out of work; whereas long- term unemployment is worryingly high, and 12 million people have been unemployed for more than a year (up 4 % over the previous year); whereas the labour market situation is particularly critical for young peoplehas improved for young people, with significant reductions in unemployment rates in most Member States; whereas nevertheless, youth unemployment remains very high in countries such as Greece and Spain, regardless of their level of education; __________________ 1a http://europa.eu/rapid/press- release_IP-14-1096_en.htm 1b Employment and Social Developments in Europe 2014, European Commission, 15th January 2015, http://ec.europa.eu/social, pages 15-17
Amendment 40 #
2014/2222(INI)
Motion for a resolution
Recital D
Recital D
D. whereas due to the debt crisis, high unemployment levels, excessivea focus on wage depressions to regain competitiveness, and a decline in spending on social protection in almost all, have led in some Member States, have led to significant reductions in household gross disposable incomes, leaving millions of European familifamilies in those States at risk of exclusion, and have increased inequalities alarmingly there; whereas one in four Europeans are at risk of poverty; whereas underemployment and precariousness has peaked and, for 50 % of all job seekers, securing employment is not enough to lift them out of poverty;
Amendment 62 #
2014/2222(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Parliament has for the past two years warned of the social risks of deflation in a context of low growth, high unemployment and downward pressure on wages; whereas the ECB has forecast low inflation in the long run, and has warned of the consequences of this on internal demand, growth and employment; whereas deflation has become a reality since August 2014 in eight Member States (six in the Eurozone); whereas demand and job creation in the EU is heavily constrained by the prevailing weakness of credit provision to SMEs and the need to reduce excessive public and private debt; whereas the drop in inflation rates significantly increases these difficulties, by raising real interest rates and the real debt burden, and could lead to a vicious circle of economic depression; whereas ECB reacted on all these aspects 22 January 2015 by the implementation of an expanded asset purchase programme with a combined monthly asset purchases to amount to 60 billion Euro, intended to be carried out until at least September 2016;
Amendment 70 #
2014/2222(INI)
Motion for a resolution
Recital H
Recital H
H. whereas austerity hasmay lessened as if the pace of fiscal consolidation has increased, and and structural reforms are increased to regain competitiveness; whereas new headline targets – focusing more on structural than on cyclical deficits – have been introduced; whereas, in spite of this, the size of fiscal multipliers in the current context is still very high, and the need governments should do their utmost to accomplish the medium-term objective and the debt objective will inevitably havto create a significant negapositive impact on economic growth and job creation;
Amendment 73 #
2014/2222(INI)
Motion for a resolution
Recital I
Recital I
I. whereas structural reforms, intense fight against corruption, investment in quality jobs, human capital, research and innovation must be the top priority for both the Commission and the Member States, as investment in these areas are essential not only to ensuring a recovery but also to expanding the EU’s economic potential to grow and to create prosperity;
Amendment 82 #
2014/2222(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the insufficient involvement of national parliaments, the European Parliament and social partners in EU decision making has impeded the ownership of reforms by the Member States, and has reduced citizens’ confidence in the EU project as shown in past European electioncitizens’ confidence in the EU project is crucial for the success of reforms by the Member States to overcome the debt crisis;
Amendment 88 #
2014/2222(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Emphasises, that as a principle countries in the Euro zone that received support from the partners to finance their economies must fulfil the according rules and agreements; underlines that this is a matter of respect for the tax payers in the partner countries in return for their big solidarity efforts;
Amendment 89 #
2014/2222(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Underlines that solidarity is the core value on which the European Union is built on; thanks therefore the people and tax payers in Europe for showing great solidarity with the people in countries effected by the debt crisis;
Amendment 90 #
2014/2222(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 a. Calls on those Member States still suffering from the debt crisis to fully implement the structural reforms and to fulfil the obligations to regain competitiveness;
Amendment 93 #
2014/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to introduce a much-needed, expansionarysupport Member States efforts to cope with the debt crisis by an economic policy to boost smart, sustainable and inclusive growth and to create quality jobs; stresses that low inflation is already increasing real interest rates as well as real public and private debt, which, together with high unemployment, depresses growth and increases poverty;
Amendment 107 #
2014/2222(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that Member States which imposed the structural reforms necessary are successful in regaining competiveness in the global market, in creating growth and jobs, as well as in building up confidence on the financial markets;
Amendment 111 #
2014/2222(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Is deeply concerned that slowing down structural reforms or withdrawing parts of them leads to imminent capital flight with sharp consequences for growth and job creation;
Amendment 112 #
2014/2222(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the partners to use the flexibility already built into the rules and agreements, if Member States should face excessive macroeconomic imbalances, without changing these rules and agreements;
Amendment 127 #
2014/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretWelcomes the fact that the European Fund for Strategic Investments (EFSI) will be based on recycled EU resources and will not raise public ‘fresh’ money, apart from an extra EUR 5 billion from the EIB; stresses the risks of an insufficient fund based on overly optimistic assumptions about the likelihood ofupports the strategy of EC President Jean-Claude Juncker to attracting the bulk of the financing needed from private investors; calls on the Commission to consider using the EIB’s annual profits and undisbursed dividends to increase resources without endangering the bank’s AAA rating; calls on the Commission to explore ways of using the EU budget and other, new resources to ensure that it will not fail to deliver;
Amendment 134 #
2014/2222(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the fact that the EFSI must be focused on creating new investments in areas where investor appetite is subdued rather than on substituting investments that would have been produced elsewhere (crowding out), or on focusing on highly profitable investments that would have occurred in any case (deadweight); calls on the Commission to include and promote social investments that not only generate financial returns butand promote positive social spillovers, such as investments in human capital or investments with high impact in job creation or poverty reduction; reiterates its call for the implementation of the Strategic Implementation Plan (SIP);
Amendment 151 #
2014/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to review in- depth and improve the EU-EIB Project Bond Initiative, launched as a pilot project in 2012 to sum up the investment plan, with a view of giving it a greater role in promoting employment; recalls, in this context, also a detailed review of the social impact bonds included in the SIP;
Amendment 155 #
2014/2222(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the European Investment Plan is a necessary complement to efforts to boost job creation, butand is in itself insufficient to fully compensate for the lack of private and national investments; welcomes the fact that the Annual Growth Survey (AGS) 2015 continues to call for more efforts from countries with fiscal margins of manoeuvre as a means of encouraging European demand andan important instrument to stimulate private investments;
Amendment 161 #
2014/2222(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the extension of the pace of fiscal consolidation, and further efforts for structural reforms, as well as the introduction of new headline targets – focusing more on structural than on cyclical deficits – that will have a positive effect on employment and growth; notes, however, that the size of fiscal multipliers in the current context is nevertheless still very high and that this will inevitably have a negative impact on economic growth and job creation; calls on the Commission to explore the possibility of introducing escape clauses, or of delaying these targets, in order to avoid weakening demand further and destroying jobsunderlines that governments should do their utmost to regain competitiveness to create a significant positive impact on economic growth and job creation;
Amendment 212 #
2014/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that decisive investment plans for growth and job creation can only be fully realisedas well as ECB measures can only be succesful if they are coupled with national structural reforms that enhance competitiveness, quality labour participation, boost productivity and develop human capital; believes that structural labour market reforms should introduce internal flexibility measures aimed at maintaining employment in times of economic disruption, ensure job quality and security in employment transitions, and provide unemployment benefit schemes that are based on activation requirements and linked to reintegration policies;
Amendment 223 #
2014/2222(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and the Member States to design tailor-made policies to support quality job creation for the long-term unemployed, senior unemployed people, women and other priority groups hit especially hard by the crisis, such as immigrants or people with disabilities;
Amendment 248 #
2014/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that the Commission’sWelcomes the Juncker strategy to regain competitiveness has been more focused onby reducing costs than onand raising productivity via investments especially in human capital; stressesis concerned that more than 20 Member States have reduced their education expenditures in relative terms (as percentages of their GDPs), thereby jeopardising their growth, job potential and competitiveness;
Amendment 259 #
2014/2222(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the importance of active labour policies for some Member States in the current context; calls on those Member States to increase the coverage and effectiveness of active labour market policies;
Amendment 349 #
2014/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its warning of the socioeconomic challenges facing some Member States of the Union and the risks to its sustainability and its stable growth potential posed by a reversal in regional convergence; recalls that more than 122 million EU citizens are at risk of poverty or social exclusion, including in- work poverty and child poverty, and that these levels are unacceptable and need to be reduced immediately; calls for a true ‘social pillar’ to be implemented within the EMU as part of the process of improving economic governance mechanisms;
Amendment 367 #
2014/2222(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers it regrettable that the AGS 2015 does not mention European social stabilisers; recalls the importance of such stabilisers like labour mobility in addressing asymmetrical shocks, in avoiding excessive depletion of national welfare states and, thus, in strengthening the sustainability of the EMU; reiterates its call on the Commission to produce a Green Paper on automatic stabilisers in the eurozone; underlines that an Unemployment Insurance Scheme for the Euro zone is no suitable instrument, as it would base on fiscal transfers in monetary union, and because of the heterogeneity in labour market systems of the Member States;
Amendment 416 #
2014/2222(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that emerging new forms of poverty emerged due to the debt crisis – such as in- work poverty compounding difficulties such as e.g. paying mortgages, or high utility prices creating energy poverty – have resulted in an increase in the number of evictions, foreclosures and homeless people; calls on the Commission and the Member States to implement integrated policies favouring social and affordable housing, effective prevention policies aimed at reducing the number of evictions, and policies tackling energy poverty;
Amendment 458 #
2014/2222(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Expresses its deep concern over the limited role that it, the national parliaments as well as civil society have to play in the formulation of economic and social priorities in the European Semester; stresses that the persistent lack of democratic accountability in the measures and reforms that have been implemented is significantly reducing confidence in the EU project, as witnessed in the last European electioncitizens' confidence in the EU project is crucial for the success of reforms by the Member States to overcome the debt crisis;
Amendment 93 #
2014/2157(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the transmission mechanism is not functioning properly, and that the monetary policy tools used by the ECB since the beginning of the crisis, while providing a welcome relief in distressed financial markets, have not been effective in fighting against financial fragmentation, stimulating growth or improving the situation on the labour market, where responsibility at national level is also of decisive importance; encourages the ECB to ensure that its policies are better attuned to the real economy, in particular with regard to SMEs; points out that the effectiveness of the transmission mechanism also depends on whether the private sector reacts to changes in long-term interest rates;
Amendment 112 #
2014/2157(INI)
11. Notes that the ECB has announced that it will purchase asset-backed securities (ABS) and covered bonds in order to empower the credit-easing impact of the TLTROs; stresses that such interventions on ABS market must be conducted in a transparent manner that does not create excessive risks for the ECB’s balance sheet; calls in this connection for framework conditions for an ABS buyers' market;
Amendment 151 #
2014/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that monetary policy alone cannot stimulate aggregate demand unless it is complemented by adequate fiscalbudget rationalisation throughout and structural national reforms and policies;
Amendment 22 #
2014/2145(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the European Union’s economic governance framework is an indispensable steering instrument to detect, prevent, and correct problematic economic trends such as excessive government deficits or public debt levels, which have proofed in the debt crisis to cause sharp reductions in growth, enormous unemployment and which put the European economies and the European project at a risk;
Amendment 25 #
2014/2145(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises, that as a principle countries in the Euro zone that received support from the partners to finance their economies must fulfil the according rules, programs and agreements; underlines that this is a matter of respect for the tax payers in the partner countries in return for their big solidarity efforts;
Amendment 27 #
2014/2145(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that solidarity is the core value on which the European Union and the European Union’s economic governance framework is built on; thanks therefore the people and tax payers in Europe for showing great solidarity with the people in countries effected by the debt crisis;
Amendment 28 #
2014/2145(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Emphasizes that Member States which imposed the structural reforms negotiated via the European Union’s economic governance framework are successful in regaining competiveness in the global market, in creating growth and jobs, as well as in building up confidence on the financial markets;
Amendment 29 #
2014/2145(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Is deeply concerned that slowing down structural reforms or withdrawing parts of them leads to capital flight, stock exchange crashes, sharp reductions in growth and high unemployment rates;
Amendment 63 #
2014/2145(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s autumn forecast, after two consecutive years of unanticipated negative growth, gross domestic product (GDP) in the euro area is expected to rise by 0.8 % in 2014 and by 1.1 % in 2015, meaning that the pre-crisis growth rate will not be regained this year; whereas recovery is not strong but will continue, according to the IMF, which estimates a growth of 1.2% in the Euro area 2015 and 1.4% in 20161 a ; __________________ 1a IMF World Economic Outlook UPDATE,20.01.15, http://www.imf.org/external/pubs/ft/weo/2 015/update/01/pdf/0115.pdf
Amendment 68 #
2014/2145(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas global economy growth is estimated to be on a low level for 2015 and 2016: according to the IMF, 3.5% this year, compared to 3.7% 20161 a ; __________________ 1a IMF World Economic Outlook UPDATE,20.01.15, http://www.imf.org/external/pubs/ft/weo/2 015/update/01/pdf/0115.pdf
Amendment 71 #
2014/2145(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the sharp fall in oil prices can be an additional boost for the economy of many EU Member States;
Amendment 72 #
2014/2145(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas for the first time since 2011, there has been a small increase in full time contracts and improvements in the situation of young people; whereas however, many of the new jobs created are part-time or temporary1 a ; whereas EU employment is foreseen to start growing, leading to a decline in the overall EU unemployment rate towards 9.5 % by 20161 b; __________________ 1b Employment and Social Developments in Europe 2014, European Commission, 15th January 2015, http://ec.europa.eu/social, pages 15-17
Amendment 73 #
2014/2145(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Amendment 121 #
2014/2145(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a European investment plan as an important instrument to stimulate private investment is being put in place to raise EUR 315 billion in new investments over the next three years;
Amendment 141 #
2014/2145(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that solidarity is the core value on which the European Union is built on; thanks therefore the people and tax payers in Europe for showing great solidarity with the people in countries effected by the debt crisis;
Amendment 142 #
2014/2145(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises, that as a principle countries in the Euro zone that received support from the partners to finance their economies must fulfil the according rules and agreements; underlines that this is a matter of respect for the tax payers in the partner countries in return for their big solidarity efforts;
Amendment 143 #
2014/2145(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1b. Calls on those Member States still suffering from the debt crisis to fully implement the structural reforms and to fulfil the obligations to regain competitiveness;
Amendment 174 #
2014/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the current economic situation in some member states calls for urgent, comprehensive and decisive measures to face the threat of deflation or very low inflation, low growth and high unemployment caused by the debt crises;;
Amendment 194 #
2014/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the fact that the current economic governance framework does not allow for a proper debate on the economic perspective of the euro area or on an aggregate fiscal stance and does not address the different economic and fiscal situations on an equal footingaims to prevent and correct developments such as excessive public debt which can lead to low growth and high unemployment;
Amendment 315 #
2014/2145(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines all the existing provisions under the Stability and Growth Pact (SGP) which have been put in place to ensure an anti-cyclical policy; finds it regrettable that these provisions were not put to full use in previous years, in the context of low inflation, low growth and high unemployment in some member states;
Amendment 345 #
2014/2145(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports all the incentives to finance the new European Fund for Strategic Investments (EFSI), mainly by making national contributions to the fund fiscally neutral as regards the SGP; calls for further clarification regarding the concrete treatment of these contributions in accordance with the new paradigm set out in the communicationnot raising public fresh money;
Amendment 402 #
2014/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that national structural reforms should have a positive socioeconomic return and contribute to increased administrative capacityenhance competitiveness;
Amendment 568 #
2014/2145(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Commission to take into account all relevantconsider in its analyses all crucial factors, including real growth and inflation, when evaluating the economic and fiscal situations of Member States under the EDP;
Amendment 97 #
2014/0124(COD)
Proposal for a decision
Recital 5
Recital 5
(5) At European level undeclared work is defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28, thus excluding all illegal activities. It should be noted that definitions vary between the Member States and that undeclared work exists in many different forms. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:52007DC0628:EN:HTML
Amendment 111 #
2014/0124(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely declared work and should come under the scope of the Platform. It should be noted that definitions vary between the Member States and that bogus self-employment exists in many different forms. Bogus self- employment and undeclared work are key activities of the black economy.
Amendment 126 #
2014/0124(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions’ standards, skills development and life-long learning. It is often accompanied by the illegal drawing of benefits. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare.
Amendment 142 #
2014/0124(COD)
Proposal for a decision
Recital 8
Recital 8
(8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. The high level of control and innovative methods of some Member States have enabled great strides to be taken in the sustainable fight against undeclared work. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. The Platform will not prevent the implementation of rigid checks in the Member States, as it regards these as crucial in the fight against the black economy.
Amendment 165 #
2014/0124(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively. This requires the Platform’s actions to be geared towards strengthening the level of checks and controls and the procedures in the Member States. Member States must on no account be forced by the Platform to reduce their level of checks and controls or reduce their effective measures. This would render the meaning and purpose of the Platform pointless.
Amendment 288 #
2014/0124(COD)
Proposal for a decision
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
The Platform’s actions must be geared towards strengthening the level of checks and controls and the procedures in the Member States. Member States must on no account be forced by the Platform to reduce their level of checks and controls or reduce their effective measures.
Amendment 319 #
2014/0124(COD)
Proposal for a decision
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
To achieve the objectives listed in Article 2, the Platform shall, all the while respecting and safeguarding national competencies:
Amendment 332 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
(1) For the execution of its mission, the platform shall in particular, all the while respecting and safeguarding national competencies, carry out the following tasks:
Amendment 364 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work, which comply with the principle of not restricting or weakening existing procedures;
Amendment 371 #
2014/0124(COD)
Proposal for a decision
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff, and promoting the development of tougher and more effective controls;
Amendment 403 #
2014/0124(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) In appointing their representatives, Member States should involve all public authorities having, in their view, a role in the prevention and/or deterrence of undeclared work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as "enforcement authorities". They may also, in accordance with national law and/or practice, involve the social partners.
Amendment 419 #
2014/0124(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Representatives of the social partners at cross-industry level, as well as from sectors with high incidence of undeclared work may attend meetings of the Platform as observers, according to the procedures determined by their organisations. Their participation improves network-building and cooperation in the joint fight against undeclared work.
Amendment 434 #
2014/0124(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) The Commission shall coordinate the work of the Platform and co-chair its meetings. The members shall elect from among their number another co-chair of equal standing, as well as two substitutes.
Amendment 461 #
2014/0124(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, observers and invited experts in connection with the Platform's activities.
Amendment 10 #
2014/0120(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States. They should be brought EU-wide up to a level which makes it easier to establish SMEs, but which at the same time guarantees a high degree of consumer protection, safeguards legal certainty and the principles of liability and creditor protection and protects existing SMEs against competitors who deliberately exploit the lax employment and codetermination standards in force in some Member States to practise social dumping.
Amendment 12 #
2014/0120(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The improvement of the business environment, especially for SMEs, by reducing transaction costs in Europe, promoting clusters and promoting the internationalisation of SMEs, were the key elements of the initiative “Industrial policy for the globalisation era” outlined in the Commission Communication on the Europe 202017 strategy. Legal certainty, transparency, liability rules and creditor protection which apply EU-wide are key aspects of this business environment and should not be neglected, as otherwise companies will be given incentives to establish their registered office in a Member State in which low standards apply. __________________ 17 COM(2010)2020 final, 3.3.2010.
Amendment 15 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to facilitate the cross-border activities of SMEs and the establishment of single-member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced, without, however, undermining legal certainty, consumer protection, the rules on liability, creditor protection and social standards such as codetermination.
Amendment 22 #
2014/0120(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The availability of a harmonised legal framework governing the formation of single-member companies, including the establishment of a uniform template for the articles of association should, on the basis of a careful assessment and weighing-up of the benefits and risks, contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of Member States and lead to a reduction in costs, provided that comprehensive measures are taken to prevent tax, liability, wage and social dumping.
Amendment 24 #
2014/0120(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Single-member private limited liability companies formed and operating in compliance with this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae). The abbreviation ‘SUP’ should be followed by the standard abbreviation for the Member State on whose territory registration took place. The country identifier should be separated by a blank space from the abbreviation SUP (e.g. ‘SUP BE’). Member States should lay down national provisions stipulating that penalties must be imposed for breaches of this rule. The Commission should urge Member States to impose uniform penalties based on the most stringent in force.
Amendment 37 #
2014/0120(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To enable business to enjoy the full benefits of the internal market, Member States should not require the registered office of an SUP and its central administration to be in the same Member State. The need to safeguard codetermination rights alone provides the justification for such a provision.
Amendment 42 #
2014/0120(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to make it easier and less costly to establish subsidiaries in other Member States, the founders of SUPs should not be obliged to be physically present before any Member State's registration body. The register should be fully accessible from any Member State and a company founder should be able to make use of existing points of single contact created under Directive 2006/123/EC of the European Parliament and of the Council19 as a gateway to national on-line registration points. It should, therefore, be possible to establish SUPs from distance and fully by electronic meansxploit the potential of new technologies and establish SUPs by electronic means. In the interests of consumer and creditor protection, the genuineness of the documents requested should be checked very carefully. The Commission should urge Member States to apply uniform standards based on the most stringent in force. __________________ 19 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 47 #
2014/0120(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To ensure a high level of uniformity and on-line accessibility, the documents used to register SUPs should follow a uniform format available in all official languages of the Union. Each Member State mayshall require registration to be completed in an official language of the Member State concerned, but are also encouraged to allow for registration in other official languages of the Union.
Amendment 49 #
2014/0120(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In line with the recommendations set out in the European Commission's 2011 Review of the Small Business Act21 to reduce the start-up time for new enterprises, SUPs should receive the certificate of registration in the relevant register of a Member State within three working days. Should reasonable doubts exist as to the genuineness of documents requested, national authorities should have the right to refuse registration for up to 10 further days, in order to give themselves time to assess the documents in question. This facility should only be available to the newly created companies and not to existing entities that wish to convert to SUPs as the registration of such entities by their very nature, may take more time. __________________ 21 COM(2011) 78 final, 23.2.2011.
Amendment 52 #
2014/0120(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Provisions concerning the establishment of single-member private limited companies should not affect the right of Member States to maintain existing rules concerning the verification of the registration process, provided that the whole registration procedure may be completed electronically and at a distance. With a view to guaranteeing a uniformly high level of consumer and creditor protection, efforts should be made to ensure that all Member States apply stringent verification standards. Such standards should be based on those in force in the Member States which offer the highest levels of protection.
Amendment 60 #
2014/0120(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The use of the template of articles of association should be required if the SUP is registered electronically. If another form of registration is allowed by national law, the template does not have to be used, but the articles of association need to comply with the requirements of the Directive. The minimum capital required for the formation of a single-member private limited liability company varies among the Member States. Most Member States have already taken steps towards abolishing the minimum capital requirement or keeping it at a nominal level. The SUPs should not be subject to a high mandatory capital requirement, since this would act as a barrier to their formation. Creditors, however, should be protected from excessive distributions to single-members, which could affect the capacity of an SUP to pay its debts. Such protection should be ensured by the imposition of minimum balance sheet requirements (liabilities not exceeding assets) and the solvency statement prepared and signed by the management body. There should be no fFurther restrictions placed on the use of capital by the single-membershould be consistent with the subsidiarity principle, be similar in severity in all the Member States, and be based on the penalties imposed in the Member States which offer the highest levels of creditor and consumer protection.
Amendment 65 #
2014/0120(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The Member States should lay down rules on penalties applicable to the infringements of the provisions of this Directive and should ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. The severity of the penalties should be similar in all the Member States, based on the levels in the Member States which are the most stringent in this regard.
Amendment 70 #
2014/0120(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to reduce the administrative and legal costs associated with the formation of companies and to ensure a high level of consistency in the registration process across Member States, implementing powers to adopt the templates for registration and for the articles of association of an SUP should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council23. __________________ 23 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)Member States should undertake to draw up implementing provisions for the adoption of the templates for registration and for the articles of association of an SUP which are uniformly stringent.
Amendment 117 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall provide that the single-member shall not be liable for any amount exceeding the subscribup to the accumulated share capital.
Amendment 119 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) The name of a company, which has the legal form of an SUP, shall be clearly followed by the abbreviation ‘SUP’. The abbreviation ‘SUP’ must be followed by the identifier for the Member State on whose territory the registration took place; the abbreviation and the identifier must be separated by a blank space. Only an SUP may use the abbreviation ‘SUP’.
Amendment 120 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) The SUP, and its articles of association, shall be governed by the national law of the Member State where the SUP is registered (hereinafter ‘applicable national law’). The SUP must conduct business activities in the Member State where it has its registered office.
Amendment 126 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) Member States shall provide that the SUP is set up for an unlimited period of time, unless providprovided that it conducts business activities in the Member State of registration and unless stipulated otherwise in the articles of association.
Amendment 155 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
An SUP shall have its registered office and either its central administration or its principal place of business in the Unionsame Union Member State.
Amendment 161 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 169 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
(1) Member States may onlyust at the minimum require for the registration of an SUP the following information or documentation:
Amendment 183 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Member States shall ensure that the registration procedure for newly incorporated SUPs may, inter alia, be completed electronically in its entirety without it being necessary for the founding member to appear before any authority in the Member State of registration (on-line registration). Member States shall impose stringent requirements regarding the genuineness of documents submitted on- line. The documents shall be submitted in a State-certified or officially certified form.
Amendment 185 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Article 14 – paragraph 4 – subparagraph 1 – introductory part
National on-line registration web-sites shall include links to the registration web- sites in other Member States. Member States shall ensure that, at the minimum, the following templates are used for on- line registration:
Amendment 189 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
Member States shall issue a certificate of registration confirming that the registration procedure has been completed. The certificate of registration shall be issued no later than three working days from the receipt of all the necessary documentation by the competent authority. If they are justified reasons for doubting that documents are genuine, the authorities may impose an additional verification period of ten working days.
Amendment 215 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
(4) Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reserves. These shall amount to at least one quarter of the annual surplus. Member States shall allowrequire companies to buildaccumulate reserves in accordance with their articles of association. If the company increases its share capital in such a way that it attains or exceeds a minimum capital requirement of EUR 25 000, the requirement to form reserves shall lapse.
Amendment 224 #
2014/0120(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
(2) In case of on-line registration, the consideration shall be paid into the bank account of the SUP. The subsequent increase or decrease of share capital shall be allowed at least in cash and in kind.
Amendment 226 #
2014/0120(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
(2) An SUP shall not make a distribution to the single-member if on the closing date of the last financial year the net assets as set out in the SUP's annual accounts are, or following such a distribution would become, lower than the amount of the share capital plus those reserves which may not be distributed under the articles of association of the SUP and the statutory accumulation reserve. The calculation shall be based on the most recently adopted balance sheet. Any change in the share capital or in the part of the reserves which may not be distributed occurring subsequently to the closing date of the financial year shall also be taken into account.
Amendment 228 #
2014/0120(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
(3) The SUP shall not make a distribution to the single-member if it results in the SUP being unable to pay its debts as they become due and payable after distribution and to maintain the statutory accumulation reserve. The management body must certify in writing that, having made full inquiry into the affairs and prospects of the SUP, it has formed a reasonable opinion that the SUP will be able to pay its debts as they fall due in the normal course of business in the year following the date of the proposed distribution (a "solvency statement"). The solvency statement must be signed by the management body and a copy of it must be provided to the single member 15 days before the resolution on the distribution is adopted.
Amendment 231 #
2014/0120(COD)
Proposal for a directive
Article 20
Article 20
Amendment 86 #
2014/0091(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Occupational pension provision is not a financial service but the provision of a collective social welfare benefit.
Amendment 88 #
2014/0091(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Institutions for occupational retirement provision are organised and regulated in completely different ways in the Member States. It therefore makes no sense to adopt a ‘one size fits all’ approach to institutions for occupational retirement provision. The Commission and EIOPA take account of the various traditions of the Member States in their activities and assign priority to national labour and social legislation in determining the organisation of institutions for occupational retirement provision.
Amendment 90 #
2014/0091(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Institutions for occupational retirement provision are often subject to joint management and monitoring by the social partners. This collective organisation makes them fundamentally different from financial service providers.
Amendment 96 #
2014/0091(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Action is needed to further develop complementary private retirement savings such as occupational pensions. This is important since social-security systems are coming under increasing pressure, which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future. Occupational retirement pensions should be developed, without, however, calling into question the importance of social-security pension systems in terms of secure, durable and effective social protection, which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the European social model. Regrettably, suggestions by the Commission and EIOPA that Solvency II regimes (such as the holistic balance sheet model) might be applied to institutions for occupational retirement provision have created legal uncertainty and an unpredictable context for planning and therefore hampered the further development of those institutions. Priority must be assigned to creating legal certainty, reinforcing successful models of institution for occupational retirement provision and protecting their continued existence.
Amendment 107 #
2014/0091(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Institutions for occupational retirement provision are not financial service providers whichbut provide collective social welfare benefits; as collective organisations managed and supervised by the social partners, they bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation, taking due account of national rules and traditions.
Amendment 120 #
2014/0091(COD)
Proposal for a directive
Recital 57
Recital 57
(57) In order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a European scale, the Commission should, after consulting EIOPA, review and report on the application of this Directive and should submit that report to the European Parliament and to the Council foursix years after the entry into force of this Directive. That review should assess in particular the application of the rules regarding the calculation of the technical provisions, the funding of technical provisions, regulatory own funds, solvency margins, investment rules and any other aspect relating to the financial solvency situation of the institution. In order to create legal certainty and predictability for planning purposes in relation to institutions for occupational retirement provision, the possibility is excluded for the long term that Solvency II might be applied to the capital requirements of institutions for occupational retirement provision.
Amendment 121 #
2014/0091(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 135 #
2014/0091(COD)
Proposal for a directive
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt a delegated act in accordance with Article 77 specifyMember States may determinge:
Amendment 136 #
2014/0091(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shallmay require, appropriately to their size, internal organisation and the nature, scope and complexity of their activities, institutions, as part of their risk- management system, to carry out their own risk assessment and to produce a risk evaluation for pensions in order to document that assessment. No quantitative capital requirements (for example Solvency II or holistic balance sheet models derived therefrom) may be imposed, as they could jeopardise the survival of successful collective occupational pension schemes by giving rise to high costs.
Amendment 140 #
2014/0091(COD)
Proposal for a directive
Article 30
Article 30
Amendment 144 #
2014/0091(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) Depending on the nature of the pension scheme established, and after careful consideration of the administrative burden involved and of the benefits to be secured, Member States shallmay ensure that every institution located in their territories provides prospective members, members and beneficiaries at least the information set out in Articles 39 to 53 and Articles 55 to 58.
Amendment 146 #
2014/0091(COD)
Proposal for a directive
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
(1) Depending on the nature of the pension scheme established, and after careful consideration of the administrative burden involved and of the benefits to be secured, Member States shallmay, in respect of every institution located in their territories, ensure that members are sufficiently informed of the conditions of the pension scheme, in particular concerning:
Amendment 147 #
2014/0091(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
(1) Depending on the nature of the pension scheme established, and after careful consideration of the administrative burden involved and of the benefits to be secured, Member States shallmay require institutions to draw up a document containing key information for each member (the 'pension benefit statement').
Amendment 148 #
2014/0091(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
(2) Members States shallmay ensure that the information contained in the pension benefit stateinformation document is updated and sent to each member at least once every twelve months and free of charge.
Amendment 149 #
2014/0091(COD)
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
(3) Any material change to the information contained in the pension benefit stateinformation documents compared to the previous year shallmay be clearly explained in an accompanying letter.
Amendment 150 #
2014/0091(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The information provided in the pension benefit statean information document shall be comprehensible without reference to other documents.
Amendment 151 #
2014/0091(COD)
Proposal for a directive
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where these provisions are applied, Member States shall ensure that the pension benefit stateinformation document is available in an official language of the Member State whose social and labour law relevant to the field of occupational pension schemes is applicable to the relationship between the sponsoring undertaking or the institution on the one hand and the members or the beneficiaries on the other.
Amendment 153 #
2014/0091(COD)
Proposal for a directive
Article 42
Article 42
Amendment 154 #
2014/0091(COD)
Proposal for a directive
Article 45
Article 45
Amendment 155 #
2014/0091(COD)
Proposal for a directive
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
(1) The pension benefit statement shallAfter careful consideration of the administrative burden involved and of the benefits to be secured, Member States may ensure that information documents contain one of the following indications regarding guarantees under the pension scheme:
Amendment 156 #
2014/0091(COD)
Proposal for a directive
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
(1) With regard to balance, contributions and costs, the pension benefit statement shallinformation document may indicate the following amounts expressed in the currency relevant for the pension scheme:
Amendment 157 #
2014/0091(COD)
Proposal for a directive
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
(1) Where the pension scheme provides for a target level of benefits, the pension benefit statement shallinformation document may indicate the following three amounts concerning pension projections expressed in the currency relevant for the pension scheme:
Amendment 158 #
2014/0091(COD)
Proposal for a directive
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
Amendment 159 #
2014/0091(COD)
Proposal for a directive
Article 55 a (new)
Article 55 a (new)
Article 55a The provisions set out in Chapter 3 of this directive shall be subject to the legislative autonomy of the Member States. They may decide, in accordance with the circumstances and preconditions of their occupational pension schemes and in line with the subsidiarity principle, whether or not to apply the provisions of Chapter 3 to institutions for occupational pension provision within their territory.
Amendment 164 #
2014/0091(COD)
Proposal for a directive
Article 75
Article 75
Amendment 291 #
2014/0091(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Action is needed to further develop complementary private retirement savings such as occupational pensions. This is important since social-security systems are coming under increasing pressure, which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future. Occupational retirement pensions should be developed, without, however, calling into question the importance of social-security pension systems in terms of secure, durable and effective social protection, which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the European social model. Regrettably, suggestions that Solvency II regimes (such as the holistic balance sheet model) might be applied to institutions for occupational retirement provision have created legal uncertainty and an unpredictable context for planning and therefore hampered the further development and expansion of those institutions. Priority must be assigned to creating legal certainty, reinforcing successful models of institutions for occupational retirement provision and protecting their continued existence.
Amendment 336 #
2014/0091(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Institutions for occupational retirement provision are not financial service providers whichbut provide collective social welfare benefits. Under social- partner management and supervision, they bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation, taking due account of national rules and traditions.
Amendment 344 #
2014/0091(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Institutions for occupational retirement provision are often subject to joint management and monitoring by the social partners. This collective organisation makes them fundamentally different from financial service providers.
Amendment 427 #
2014/0091(COD)
Proposal for a directive
Recital 57
Recital 57
(57) In order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a European scale, the Commission should, after consulting EIOPA, review and report on the application of this Directive and should submit that report to the European Parliament and to the Council foursix years after the entry into force of this Directive. That review should assess in particular the application of the rules regarding the calculation of the technical provisions, the funding of technical provisions, regulatory own funds, solvency margins, investment rules and any other aspect relating to the financial solvency situation of the institution.
Amendment 431 #
2014/0091(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 446 #
2014/0091(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a – introductory part
Article 6 – paragraph 1 – point a – introductory part
(a) ‘institution for occupational retirement provision’, or ‘institution’, means an institution, irrespective of its legal form, operating on a funded basis, which is not a financial service provider and is established separately from any sponsoring undertaking or trade for the purpose of providing retirement benefits in the context of an occupational activity on the basis of an agreement or a contract agreed:
Amendment 596 #
2014/0091(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shall require, appropriately to their size, internal organisation and the nature, scope and complexity of their activities, institutions, as part of their risk- management system, to carry out their own risk assessment and to produce a risk evaluation for pensions in order to document that assessment. No quantitative capital requirements (for example Solvency II or holistic balance sheet models derived therefrom) may be imposed, as they could jeopardise the survival of successful collective occupational pension schemes by giving rise to high costs.
Amendment 608 #
2014/0091(COD)
Proposal for a directive
Article 30
Article 30
Amendment 611 #
2014/0091(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 613 #
2014/0091(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 631 #
2014/0091(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) Depending on the nature of the pension scheme established, and after careful consideration of the administrative burden involved and of the benefits to be secured, Member States shall ensure that every institution located in their territories provides prospective members, members and beneficiaries at least the information set out in Articles 39 to 53 and Articles 55 to 58.
Amendment 646 #
2014/0091(COD)
Proposal for a directive
Article 42
Article 42
Amendment 725 #
2014/0091(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 341 #
2014/0020(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The restrictions laid down in point (b) of paragraph 1 shall not apply with regard to undertakings for collective investment in transferable securities (UCITS), closed- ended and unleveraged AIFs as defined in Directive 2011/61/EU where those AIFs are established in the Union or, if they are not established in the Union, they are marketed in the Union according to Articles 35 or 40 of Directive 2011/61/EU or AIFs designated to an exposure which is in line with Art. 51 paragraph 3 of the UCITS Directive 2009/65/EC, to qualifying venture capital funds as defined in Article 3(b) of Regulation (EU) No 345/2013, to qualifying social entrepreneurship funds as defined in Article 3(b) of Regulation (EU) No 346/2013, and to AIFs authorized as ELTIFs in accordance with Regulation (EU) No [XXX/XXXX].
Amendment 394 #
2014/0020(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 (new)
Article 8 – paragraph 1 – subparagraph 1 (new)
(j) purchasing or holding one or more Collective Investment Undertakings (CIUs) or holding capital instruments or voting rights in an entity that manages one or more CIUs provided that the designated exposure is in line with Art. 51 paragraph 3 of the UCITS Directive 2009/65/EC;
Amendment 621 #
2014/0020(COD)
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Notwithstanding the first subparagraph, the competent authority may decide to allow core credit institutions that meet the requirements set out in Article 49(3)(a) or (b) of Regulation (EU) No 575/2013 to hold capital instruments or voting rights in a trading entity or an entity managing one single or several collective investment undertakings (CIUs) provided that the designated exposure is in line with Article 51 paragraph 3 of the UCITS Directive 2009/65/EC where the competent authority considers that holding such capital instruments or voting rights is indispensable for the functioning of the group and that the core credit institution has taken sufficient measures in order to appropriately mitigate the relevant risks.
Amendment 204 #
2014/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘EURES cross-border partnerships’ means long-term cooperation between the main regional actors (employment services, trade unions and employers) in regional structures established by them.
Amendment 205 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) the EURES cross-border partnerships, i.e. the cross-border partnerships which consist of at least the regional public employment services, trade unions and employers’ representatives from two countries and which provide cross-border support services in border regions within the meaning of Article 21(a) and (b) of Regulation (EU) No 1296/2013.
Amendment 339 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The National Coordination Office promotes the collaboration with stakeholders such as the social partners, career guidance services, universities, chambers of commerce and organisations involved in apprenticeships and traineeships schemes.
Amendment 350 #
2014/0002(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Tasks of the EURES cross-border partnerships 1. The tasks of the EURES cross-border partnerships shall include: providing information, counselling and placement and recruitment services for frontier workers and mobile workers, promoting the networking of EURES advisers in border regions, coordinating cooperation between partners in the EURES cross- border partnerships, carrying out cross- border activities in order to improve the transparency of the labour market and do away with obstacles to mobility and preparing multilingual publications for frontier workers, jobseekers and employers.
Amendment 372 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States inform the European Coordination Office about their national systems put in place and the EURES Partners they authorised to participate in the EURES network accordingly. This information shall also be provided to the social partners.
Amendment 454 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) all job vacancies available with its public employment services as well as those provided by its EURES Partners;Members and EURES Partners; Member States shall make provision for an exemption which gives employers the option of not having a vacancy published where this is justified by the skills required and the criteria to be met and in the case of vacancies which are not made public. Member States may continue to make provision for an exemption for apprenticeships and traineeships.
Amendment 546 #
2014/0002(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. EURES Members shall not be responsible for ensuring that apprenticeships and traineeships grant the holder proper rights as an employee.
Amendment 670 #
2014/0002(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The National Coordination Offices and the European Coordination Office review together the draft work programmes before finalising them. The national social partners should be consulted on the draft work programmes before they are forwarded to the European Coordination Office. The European social partners should also be consulted before the draft programmes are forwarded to the European Coordination Office.
Amendment 688 #
2014/0002(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The European Commission shall submit to the European Parliament, the Council, the Committee of the Regions and the European Economic and Social Committee an ex-post evaluation on the operation and effects of this Regulation fiveour years after its entry into force.
Amendment 10 #
2013/2111(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, to tackle the crisis, Member States have had to madke severe cuts in public expenditure just when social protection needed to be strengthened in response to a sudden rise in unemployment and, at the same time, national budgets for social security cover have been further squeezed as contributions have fallen in the wake of wide-scale job losses or wage cuts, thus placing the European social model at real risk;
Amendment 15 #
2013/2111(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social protection coverage in the EU Member States is still inadequate; whereasof a very high level in comparison to the rest of the world; whereas, however, cases of vulnerable workers being abused in the EU are still commonplace and labour-market compartmentalisation, with widely varying levels of protection for different types of contract and job relationship, is a glaring reality, leading to social maladjustment and inequality;
Amendment 20 #
2013/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most traditional social security systems, and particularly social cover and labour law, are designed to safeguard the social and employment rights of people in employment, and there is thus a risk that with the changing nature of employment, and increasingly commonly where people are self-employed, new groups of workers will lack proper social protection;Does not affect English text. Linguistic correction to German version. See Ams. 19 and 111.
Amendment 39 #
2013/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the needat it may be necessary to develop and modernise social protection systems in order to ensure adequate social protection for all, based on the principles of universal access and non-discrimination and on the capacity to respond in a flexible manner to demographic changes and developments in the labour market;
Amendment 48 #
2013/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to ensure core nationalminimum social protection which, at a minimum, will safeguard the main sources of revenue in each country and guaranteeand access to basic social benefits, particularly in the event of illness, unemployment, maternity or disability, thus making it possible to combat poverty and social exclusion in the Member States; calls also on the Member States to draw up strategies for the development of social security in line with the ILO’s proposals;
Amendment 70 #
2013/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take steps to combat discrimination against women on the labour market and to adopt social protection measures to ensure that women’s wages and welfare entitlements are not groundlessly lower than those for men doing the same job, and to safeguard their maternity entitlements; calls also on the Council to speed up the adoption of the Directive on prenatal and postnatal leave;
Amendment 74 #
2013/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to take practical steps to combat poverty and social exclusion, including an appropriate minimum income and a social security system, in accordance with their own national practices (collective agreements or national legislation);
Amendment 83 #
2013/2111(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on Member States to step up their efforts to combat undeclared, illegal and insecure employment and to ensure that all workers enjoy appropriate social protection; deplores, furthermore, the practice of deliberately replacing standard recruitment procedures with non-standard employment contracts, at the same time reducing workers’ social security cover, in order to save money;.
Amendment 87 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 98 #
2013/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 113 #
2013/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the fact that the absence of a clear definition of self- employment considerablyan hampers the coordination of social security for self- employed workers among the Member States and may consequently restrict the free movement of workers; stresses that ‘self-employment’ must not be equated with ‘freelance employment;
Amendment 117 #
2013/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to draw up a conceptual framework that will provide a legal definition of the nature and different forms of atypical employment in general and self-employment as its most widespread form, applying labour law and social protection measures in line with the various forms of employment and providing for the possibility of properly regulating social security for self- employed workers; also considers it appropriate to clearly identify false self- employment and to sanction employers if such cases are identifiedproviding definitions for various forms of employment in close cooperation with the Member States;
Amendment 124 #
2013/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to ensure that self-employment does not become a tool of unfair competition or a means of preventing workers from benefiting from social and job security, and that the social and employment rights of self-employed workers depend as little as possible on their status: i.e. employed or self- employed; also asks that self-employed workers should not be assimilated with employed workers, so as to preserve the advantages of self-employment and economic activity of this kind and help to develop a spirit of entrepreneurship and service qualitycombat false self-employment;
Amendment 130 #
2013/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States, where necessary, to develop social protection in relation to retirement, disability, maternity/paternity leave and unemployment so that it is better adapted to self-employed workers, in particular those whose work is similar to that of employed workers;
Amendment 139 #
2013/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States and the Commission to make it compulsory for, where necessary, to ensure that people wishing to become self- employed workers to bare provided with appropriate information on the changes to their social protection and the labour law applicable to them that will arise from this change in status, as well as changes in other rights and obligations linked to their economic activity;
Amendment 49 #
2013/0390(COD)
Proposal for a directive
Article 5 – point 2
Article 5 – point 2
Directive 2001/23/EC
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall apply to the transfer of a seagoing vessel registered in and/or flying the flag of a Member State and constitutingconstituting part of the transfer of an undertaking, a business, or part of an undertaking or business for the purposes of this Directive, even when it is not situated within the territorial scope of the Treatyparagraphs 1 and 2 where the transferee or the transferred part is situated within the territorial scope of the Treaty or the transferred undertaking or business or the transferred part of the undertaking or business remains in that situation. This Directive shall not apply if the assets to be transferred consist solely of one or more seagoing vessels.
Amendment 327 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘administrator’ means the natural or legal person that has control over the provision of a benchmark and provides it to the public with regard to the financial product;
Amendment 349 #
2013/0314(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 20 a (new)
Article 3 – paragraph 1 – point 20 a (new)
(20a) ‘regulated data benchmark’ means a benchmark compiled from regulated data as well as net asset values of the units of UCITS and AIFs;
Amendment 518 #
2013/0314(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. For public benchmarks that are based on regulated data, the administrator shall make available the index objectives, key construction principles, complete information on index construction and calculation methodology, prices, levels as well as components and weightings. This information should be provided on a license and fee free basis and should be made available on the administrator website in a transparent manner that facilitates use by market participants. Subject to the requirements of Article 16 paragraph 2 the administrator shall update the relevant data on a monthly basis on the 5th business day of the following month.
Amendment 129 #
2013/0306(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Financial derivative instruments eligible for investment by a MMF should only serve the purpose of hedging interest rate and currency risk and should only have as an underlying instrument interest rates, exchange currencies or indices representing these categories. Any use of derivatives for another purpose or on other underlying assets should be prohibited. Derivatives should only be used as a complement to the fund strategy but not as the main tool for achieving the fund's objectives. Should a MMF invest in assets labelled in another currency than the currency of the fund, it is expected that the MMF manager would hedge the entire currency risk exposure, including via derivatives. MMFs should be entitled to invest in financial derivate instruments if that instrument is traded on a regulated market referred to in Article 50(1)(a), (b) or (c) of Directive 2009/65/EC or over- the-counter (OTC), or on an organised venue as referred to in Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.
Amendment 166 #
2013/0306(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
Amendment 212 #
2013/0306(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 231 #
2013/0306(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘money market instruments’ means money market instruments as defined in Article 2(1)(o) of Directive 2009/65/EC and Article 3(1) of Directive 2007/16/EC;
Amendment 274 #
2013/0306(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 341 #
2013/0306(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
A financial derivative instrument shall be eligible for investment by a MMF if it is dealt in on a regulated market referred to in Article 50(1)(a), (b) or (c) of Directive 2009/65/EC or over-the-counter (OTC) , or an organised venue as referred to in Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, provided that all of the following conditions are in any case fulfilled:
Amendment 415 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Within the sixeighteen months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
Amendment 481 #
2013/0306(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the sophistication of the different investors type;
Amendment 482 #
2013/0306(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 489 #
2013/0306(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the value of the units or shares held by a single professional end-investor does not exceed at any time the value of daily maturing assets; Or. en Justification
Amendment 490 #
2013/0306(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
Amendment 713 #
2013/0306(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where the conditions referred to in paragraph 1 for receiving external support are fulfilled the MMF shall immediately inform each investor thereof in writing and in a clear and comprehensible way.
Amendment 734 #
Amendment 757 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Within the sixtwelve months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
Amendment 71 #
2013/0214(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to make ELTIFs a feasible and attractive choice for institutions for occupational retirement provision and insurance companies as well as credit institutions and investment firms, it is important that adequate adjustments are made to their regulatory capital requirements, within the framework of Directive 2009/138/EC of the European Parliament and of the Council7a and Directive 2013/36/EU of the European Parliament and of the Council7b, in order to provide flexibility in the case of ELTIFs as regards the high capital requirements for investments in illiquid assets. Moreover, any additional national regulatory constraints should be thoroughly assessed, if necessary. ___________________ 7a. Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (OJ L 335, 17 December 2009, p. 1). 7b. Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC Text with EEA relevance (OJ L 176, 27 June 2013, p. 338)
Amendment 131 #
2013/0214(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Semi-professional client means any investor who fulfils the following conditions (a) commits to invest an amount of at least EUR 100,000; and (b) states in writing, in a separate document from the contract to be concluded for the commitment to invest, that they are aware of the risks associated with the envisaged commitment or investment
Amendment 133 #
2013/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Only EU AIFs managed by an EU alternative investment fund manager (AIFM) authorised under Directive 2011/61/EU shall be eligible for authorisation as an ELTIF.
Amendment 139 #
2013/0214(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 142 #
2013/0214(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 148 #
2013/0214(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Amendment 270 #
2013/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point h
Article 24 – paragraph 1 – point h
(h) retail investors may, during the subscription period and at least two weeks after subscription of units or shares of the ELTIF, cancel their subscription and have the money returned without penalty.
Amendment 277 #
2013/0214(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The manager of an ELTIF shall be able to market the units or shares of that authorised ELTIF to professional and retail investors in its home Member State upon notification in accordance with Article 31 of Directive 2011/61/EU.
Amendment 280 #
2013/0214(COD)
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. In addition to the documentation and information required pursuant to Articles 31 and 32 of Directive 2011/61/EU the manager of the ELTIF shall provide to its competent authority all of the following:
Amendment 281 #
2013/0214(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The competences and powers of the competent authorities pursuant to Articles 31 and 32 of Directive 2011/61/EU shall be understood to also refer to the marketing of ELTIFs to retail investors and to cover the additional requirements laid down in this Regulation.
Amendment 282 #
2013/0214(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. In addition to its powers in accordance with Article 31(3) first paragraph of Directive 2011/61/EU, tThe competent authority of the home Member State of the ELTIF manager shall also prevent the marketing of an authorised ELTIF if the ELTIF manager does not or will not comply with this Regulation.
Amendment 288 #
2013/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
Amendment 17 #
Amendment 18 #
2013/0110(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The necessity to improve company disclosure of social and environmental information, by presenting a legislative proposal in this field, was reiterated in the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled “A renewed EU strategy 2011-14 for Corporate Social Responsibility”10 adopted on 25 October 2011. __________________ 10However, the European Parliament in no way shares this view, particularly with regard to small and medium-sized enterprises. It firmly rejects mandatory disclosure in respect of social and environmental engagement, particularly in the case of SMEs, since this leads to more bureaucracy and higher costs and hinders rather than promotes corporate social and environmental engagement. __________________ 10 COM(2011) 681 final of 25.10.11. COM(2011) 681 final of 25.10.11.
Amendment 19 #
2013/0110(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In its resolution of 6 February 2013 on corporate social responsibility (2012/2097(INI)), the European Parliament clearly stipulated that in a free society charitable action must never be made compulsory in the context of CSR, since this could reduce people's willingness to give.
Amendment 22 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 27 #
2013/0110(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Companies, in particular small and medium-sized enterprises, must under no circumstances be required to deliver non- financial statements regarding their voluntary social activities, since this would incur excessive administrative costs, destroy jobs and undermine rather than promote corporate social engagement.
Amendment 29 #
2013/0110(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In voluntarily providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, the Guiding Principles on Business and Human Rights implementing the UN “Protect, Respect and Remedy” Framework, the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 38 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover.; SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to thoslarge companies whose average number of employees exceeds 51000, and exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million.
Amendment 41 #
2013/0110(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 42 #
2013/0110(COD)
Proposal for a directive
-
-
The Committee on Economic and Monetary Affairs requests the Committee on Legal Affairs, as the committee responsible, to propose that the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of non- financial and diversity information by certain large companies and groups be rejected.
Amendment 42 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 42 #
Amendment 44 #
2013/0110(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1a) In its Resolution of 6 February 2013 on corporate social responsibility (CSR) (2012/2097(INI)), the European Parliament made clear that, in a free society, charitable action can never be made compulsory as part of CSR. A CSR requirement would reduce people’s willingness to give. The European Parliament reaffirms this principle. It is essential that this form the basis of any amendment to Council Directives 78/660/EEC and 83/349/EEC.
Amendment 45 #
2013/0110(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The European Parliament firmly rejects mandatory disclosure in respect of social and environmental engagement, particularly in the case of SMEs, since this leads to more bureaucracy and higher costs and hinders rather than promotes corporate social and environmental engagement.
Amendment 45 #
2013/0110(COD)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) The European Parliament rejects any disclosure requirements imposed, in particular, on SMEs as regards social and environmental commitment, as these lead to more bureaucracy and high costs and are more likely to reduce the willingness of enterprises to pursue social and environmental goals than to boost this.
Amendment 46 #
2013/0110(COD)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
(-1a) In its resolution of 6 February 2013 on corporate social responsibility (CSR) (2012/2097(INI)), the European Parliament made it clear, as a matter of principle, that, in a free society, CSR can never make charitable action compulsory. Making CSR compulsory would reduce people's willingness to give. The European Parliament reaffirms that principle. It must form the basis of any amendment to Council Directives 78/660/EEC and 83/349/EEC.
Amendment 49 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
For large companies whose average number of employees during the financial year exceeds 51000 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 49 #
2013/0110(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Member States may be permitted to exempt companies from individual aspects of reporting. This applies to modifications of Directives 78/660/EEC, 83/349/EEC and 2013/34/EU.
Amendment 52 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required tolarge undertakings should include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 56 #
2013/0110(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Activities related to corporate social responsibility are voluntary and may not therefore be subject to audit.
Amendment 60 #
2013/0110(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Companies, in particular small and medium-sized enterprises, must under no circumstances be required to deliver non- financial statements regarding their voluntary social activities, since this would incur excessive administrative costs, destroy jobs and undermine rather than promote corporate social engagement.
Amendment 61 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, large companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 68 #
2013/0110(COD)
Proposal for a directive
Recital 6 f (new)
Recital 6 f (new)
(6f) Enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement. Any such requirement would lead to disproportionately high administrative costs, would contribute to the loss of jobs and would endanger CSR activity instead of promoting it.
Amendment 70 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
Amendment 74 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 78/660/EEC
Article 53a
Article 53a
Amendment 75 #
2013/0110(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC, Directive 83/349/EEC and Directive 82013/349/EECU should only apply to certain large undertakings and groups.
Amendment 77 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to thoslarge companies whose average number of employees exceeds 51000, and exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million.
Amendment 77 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349 / EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 51000 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 83 #
2013/0110(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 86 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 86 #
2013/0110(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC and, Directive 83/349/EEC and Directive 2013/34/EU should only apply to certain large undertakings and groups.
Amendment 92 #
2013/0110(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Since tThe objective of this Directive, namely to increase the relevance, consistency and comparability of information disclosed by very large companies across the Union, cannot be sufficiently achieved by the Member States, and can therefore by reason of its effect be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve the pursued objective.
Amendment 93 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
15. TwoFive years after entry into force
Amendment 94 #
2013/0110(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the freedom to conduct a business, the principle of the voluntary nature of corporate social responsibility, respect for private life and, the protection of personal data, and the elementary principle that, in a free society, charitable actions can never be compulsory. This Directive has to be implemented strictly in accordance with these rights and principles.
Amendment 94 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
16. FirstSecond year after the transposition deadline
Amendment 94 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those large companies whose average number of employees exceeds 51000, and exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million.
Amendment 95 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
17. SeconThird year after the transposition deadline
Amendment 96 #
2013/0110(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Should the supply chain of a large undertaking in third countries become disconnected from source and liability, significant risks may be posed not only to the undertaking itself, but also to the wider society in third countries, in particular in developing countries and emerging economies, as a result of its business operations. It is therefore important that large undertakings perform due diligence on their supply chains, in particular where they use subcontractors in developing countries and emerging economies. The particular policies should be disclosed in order to mitigate such risks, and stakeholders should be informed about the assessments they have undertaken.
Amendment 98 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For large companies whose average number of employees during the financial year exceeds 51000 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 101 #
2013/0110(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 104 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 110 #
2013/0110(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Since tThe objective of this Directive, namely to increase the relevance, consistency and comparability of information disclosed by very large companies across the Union, cannot be sufficiently achieved by the Member States, and can therefore by reason of its effect be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve the pursued objective.
Amendment 112 #
2013/0110(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the freedom to conduct a business, the principle that corporate social responsibility is voluntary, respect for private life and, the protection of personal data and the elementary principle that in a free society charitable action can never be compulsory. This Directive has to be implemented strictly in accordance with these rights and principles.
Amendment 113 #
2013/0110(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) If, in the supply chain of a large undertaking in third countries, the supply source becomes disconnected, so that the liability which actually exists is lost, considerable risks may arise not only for the undertaking itself but also for society in third countries, particularly developing countries and emerging economies, on account of such management. It is therefore important that large undertakings should review their supply chain in third countries with the appropriate care, particularly in sectors where subcontractors are used in developing countries and emerging economies. Corresponding measures in third countries should be disclosed in order to reduce such risks, and the parties concerned in third countries should be informed of the assessment performed.
Amendment 119 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point -a
Article 1 – point 1 – point -a
Directive 78/660/EEC
Article 46 – paragraph -1 (new)
Article 46 – paragraph -1 (new)
- 1. Member States shall be free to exempt companies from individual aspects of reporting.
Amendment 124 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
For large companies whose average number of employees during the financial year exceeds 51000 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 134 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 – point g
Article 46 – point g
Amendment 149 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 78/660/EEC
Article 46 – paragraph 5
Article 46 – paragraph 5
5. A company which is a subsidiary company shall be exempt from the obligations set out in paragraph 1(b), if the company and its subsidiaries are consolidated in the financial statements and annual report of another company and that consolidated annual report is drawn up in accordance with Article 36(1) of Directive 83/349/EEC. The persons conducting the audit shall check only whether the information referred to in paragraph 1(b) has been given.
Amendment 151 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 a – paragraph 1 – point g
Article 46 a – paragraph 1 – point g
Amendment 156 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 78/660/CE
Article 53 a
Article 53 a
Amendment 160 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 51000 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 162 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – introductory wording
Article 36 – paragraph 1 – subparagraph 3 – introductory wording
For parent undertakings of undertakings to be consolidated that together exceed an average number of 51000 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 189 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by […]15 at the latest. They shall forthwith communicate to the Commission the text of those provisions. __________________ 15 Two years after entry into force Five years after entry into force
Amendment 190 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Member States may provide that the provisions referred to in the first subparagraph shall first apply to undertakings governed by the law of a Member State whose transferable securities are admitted to trading on a regulated market of any Member State within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments for the financial year starting on 1 January 201_16, and to all other undertakings within the scope of Articles 1 and 2 for the financial year starting on 1 January 201_17. __________________ 16 FirstSecond year after the transposition deadline 17 SeconThird year after the transposition deadline
Amendment 209 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
Article 3 – paragraph 1 – subparagraph 1 – footnote 15
15. TwoFive years after entry into force
Amendment 211 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
Article 3 – paragraph 1 – subparagraph 2 – footnote 16
16. FirstSecond year after the transposition deadline
Amendment 212 #
2013/0110(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
Article 3 – paragraph 1 – subparagraph 2 – footnote 17
17. SeconThird year after the transposition deadline
Amendment 16 #
2012/2234(INI)
Motion for a resolution
Recital A – indent 6
Recital A – indent 6
- the need in some Member States to consider linking the statutory retirement age to life expectancy while at the same time enabling workers to lead longer, healthier working lives with a view to extending working careers until the statutory retirement age;
Amendment 34 #
2012/2234(INI)
Motion for a resolution
Recital D
Recital D
D. whereas even set apart from the economic crisis, long-term demographic and productivity trends point to a low- growth economic scenario for Europein some EU Member States, with economic growth rates significantly lower than those attained during previous decades;
Amendment 58 #
2012/2234(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets the lowering of pension benefits in many Member States as a consequence of the severe escalation of the financial and economic crisis; deplores the severose cuts in the Member States hardest hit by the crisis that have pushed many pensioners into poverty or put them at risk of powhich have been unjustified in their severity;
Amendment 77 #
2012/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the likelihood of a long- term, low-growth economic scenario, which will require many Member States to consolidate their budgets and reform their economies under austere conditions; subscribes, therefore, to the view expressed in the Commission’s White Paper that people will need to build up complementary occupational and if possible private pension savings;
Amendment 93 #
2012/2234(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that first-pillar pensions remain the most important source of income for pensioners; calls on those Member States which have considerable ground to make up to implement reforms to their first-pillar systems aligning contributory years to the changing ratio between pensioners and people in working age, also to prevent public pension costs crowding out other important government spending; calls on the Member States to ensure first-pillar pensions - if necessary complemented by minimum income provisions - to provide a decent minimum income;
Amendment 128 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
Amendment 186 #
2012/2234(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that implementing structural reforms aimed at having people work more and longer is the only feasible way to generate the tax revenues and social and pension premiums needed to consolidate Member State budgets and to fund adequate, safe and sustainable pension schemes; stresses the central role of equitable treatment of different generations here; points to the risk of part- time work leading to only partial pension entitlements; calls on the Member States to put funds aside to combat the rising public costs of the retiring population;
Amendment 252 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatory occupational pension savings, which give employees an entitlement to access to second-pillar pension products and under which employers’ contributions to occupational pension schemes remain subject to the principle of optionality; as collective (second pillar) pension systems - usually governed by (sectoral) social partners - allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis;
Amendment 288 #
2012/2234(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises the significant heterogeneity of pension schemes across the EU yet emphasises the importance for workers changing jobs within or outside their Member State not to have their mobility hampered by concerns about acquiring and preserving occupational pension entitlements; endorses the approach advocated by the Commission to focus on safeguarding the acquisition and preservation of pensions entitlements, aiming at ensuring that dormant pension rights of mobile workers are treated in line with those of active scheme members or those of retirees; is of the opinion that mobility on the labour market is hampered by long vesting periods and calls on Member States to lower those; rejects harmonisation of minimum conditions for occupational pensions (such as a minimum age, vesting or adjustment of entitlements), as these could result in large cost increases which would jeopardise the survival of second-pillar systems and are therefore not in the interests of employees, either;
Amendment 1 #
2012/2098(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Maintains that the voluntary nature of CSR should again become a key defining characteristic and that the Commission should distinguish more clearly between (1) the original CSR concept, meaning philanthropic action whereby business fulfils its responsibility to society, (2) social action by business, based on laws, rules, and international standards, and (3) antisocial action by business, which violates laws, rules, and international standards and is exploitative by nature, one example being the employment of child or forced labour; regrets that these three aspects are repeatedly lumped together in the CSR debate; roundly condemns antisocial action by business and considers that greater pressure needs to be exerted in order to make countries translate international standards into national law and enforce them; expressly commends business – especially small and medium-sized firms – for their voluntary philanthropic work in which CSR finds expression, and will protect and foster this; is of the opinion that in a free society, business should not be forced to do good works;
Amendment 2 #
2012/2098(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Commends the Commission’s intention to conduct Eurobarometer surveys on trust in business; strongly advocates that corporate social responsibility (CSR) can fully contribute to restoring lost confidence, as this is absolutely necessary for economic recovery; points out that many businesses – especially small and medium-sized firms – are setting an outstanding example in this field;
Amendment 11 #
2012/2098(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that co- and self-regulation cannot be a substitute for appropriate regulation in any of the areas covered by CSR, but believes that it could underpinphilanthropic CSR activities of businesses must, as a matter of principle, be voluntary; supports and is determined to safeguard existing private and voluntary CSR initiatives; by establishingelieves that minimum principles for CSR, drawn up on a voluntary basis, could be useful in order to ensure consistency, materiality, multi-stakeholder input and transparency;
Amendment 18 #
2012/2098(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to launch a ‘Community of Practice’ on CSRsocial action by business; considers that this must be complementary to a code of good practice for co- and self-regulation, allowing all stakeholders to engage in a collective learning process in order to improve the efficiency and accountability of multi- stakeholder CSR actions;
Amendment 22 #
2012/2098(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Fully supportsTakes a critical view of the Commission’s intention to bring forward a legislative proposal on ‘non-financial disclosure’ by business; warns that use of the term ‘non- financial’ should not disguise the very real financial consequences for business of social, environmental and human rights impacts; calls for an ambitious proposal which placcannot accept that voluntary philanthropic activities of businesses should be made subject to mandatory reporting, since this is contrary to a free society and would generate red tape and costs that would severely jeopardise voluntary commitment – especially in companies with fewer than 500 employees; calls for much greater differentiation and for the term CSR, which essentially means informal, intuitive support for philanthropic CSR causes, the EU at the heart of the many current international initiatives on mandatory corporate sustainability reporting and which is fully in line with the objective of making Integrated Reporting, as currently developed by the IIRC, the global norm by the end of the decadeo be used more carefully; expressly welcomes the goal of exposing human rights violations and criminal schemes, and urges states to punish these with the utmost rigour; considers that, because of the misdeeds of a few, business as a whole is being pilloried and might be subjected to punishment in the form of reporting requirements, with all the extra work and costs which they entail; calls on the Commission to produce differentiated proposals;
Amendment 30 #
2012/2098(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Condemns corporate corruption and tax evasion; calls on the Commission to place new emphasis on these issu in the strongest terms; refuses, however, to bracket these two criminal offences with the concept of CSR, given that CSR denotes philanthropic action by business; categorically rejects sweeping condemnation of business; considers it an unfair strategy to misuse breaches inof the CSR debate under the heading ‘good governance’; law by a handful of companies, which should be roundly condemned in every respect, as a pretext for imposing a general CSR obligation; calls for a far more objective and differentiated approach to the debate;
Amendment 37 #
2012/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses thatWould consider it welcome if the link between good corporate responsibility and good corporate governance can onlyould be achieved if CSR isn such a way that CSR would become a mainstream part of the company and also affecting its day-to-day financial strategy; believes that the Commission should explore opportunities to ensure that CSR strategy ismore CSR strategies could be agreed at board level.
Amendment 7 #
2012/2097(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas regulation reduces people’s willingness to implement charitable action;1 __________________ 1 Analysis of the relationship between the World Giving Index and the regulation index of the Cologne Institute for Economic Research (IW); http://www.iwkoeln.de/de/infodienste/wirt schaft-und-ethik/archiv/beitrag/84129
Amendment 8 #
2012/2097(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas in a free society, businesses may not be forced to perform charitable acts;
Amendment 9 #
2012/2097(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the term ‘voluntary’ will again have to be a key element of CSR and there must be greater differentiation between (1) the original CSR concept of charitable corporate action, in order to exercise social responsibility; (2) corporate social action based on laws, rules and international standards; and (3) antisocial action by businesses which violates laws, rules and international standards and is criminal and exploitative, for example child or forced labour; whereas these three aspects are constantly becoming intermingled in the CSR debate; whereas anti-social corporate action must be strongly condemned; whereas voluntary charitable commitment to CSR must be expressly supported and encouraged;
Amendment 11 #
2012/2097(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the term ‘corporate social responsibility (CSR)’ must not be abused to redefine internationally agreed minimum applicable standards but to seek better to understand and implement the way in which these are directly applicable to businesin order to make charitable action compulsory and render it subject to reporting obligations;
Amendment 36 #
2012/2097(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 44 #
2012/2097(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that future key drivers for ‘scaling up’ CSR will includesocial action by businesses in third countries must be improved by means of an emphasis on global CSR instruments, fresh momentum from leading businesses among their peers, the use of appropriate regulation, a robust impact analysis of existing CSR initiatives, and increasing recognition within both the business community and wider society of the scale of global social and environmental challenges; strongly condemns antisocial action by businesses which violates laws, rules and international standards and is criminal and exploitative, for example child or forced labour;
Amendment 55 #
2012/2097(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that the definition of CSR set out in the Commission communication, which reflects the new approach first adopted by the Commission in the Multi-stakeholder Forum in 2009, provides an indispensable opportunity for inclusivity and consensus-building, and properly reflects the new consensus reached between business and other stakeholders on this issue thanks to the unanimous agreement of the UN Guiding Principles; insists that the term ‘voluntary’ should again be a key element of the definition of CSR and that the Commission must differentiate more between (1) the original CSR concept of charitable acts by businesses, in order to exercise their social responsibility; (2) social acts by businesses based on laws, rules and international standards; and (3) anti-social acts by businesses which violate laws, rules and international standards and is criminal and exploitative, for example child or forced labour; regrets these three aspects are constantly becoming intermingled in the CSR debate; strongly condemns antisocial action by businesses and sees a need to compel countries to transpose and enforce international standards in national law; in particular commends businesses – especially SMEs – for their voluntary, charitable involvement in CSR, which it will safeguard and promote; believes that, in a free society, businesses should not be forced to perform charitable acts;
Amendment 62 #
2012/2097(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Restates its belief in the ‘business case’ for CSR, but reiterates that, where such a case does not apply in the short term in any given situation or company, it can never be used as an excuse for choosing irresponsibility and antisocial action;
Amendment 74 #
2012/2097(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 140 #
2012/2097(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Endorses the view, dating from the June 2004 report of the Multi-stakeholder Forum, that public authorities can make a significant contribution by using convening, and incentivising and regulatory roles to advance CSR, and calls on the Member States to give major new impetus to these efforts;
Amendment 167 #
2012/2097(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that a key driver of the socially responsible investment market remains institutional investor demand; notes, in this vein, that disclosure is a key driver of CSR and must be based on voluntary principles-based;
Amendment 174 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Fully supportsIs critical of the Commission’s intention to put forward a legislative proposal on ‘non-financial disclosure’ by businesses; warns that use of the term ‘non-financial’ should not disguise the very real financial consequences for business of social, environmental and human-rights-related impact; calls for an ambitious proposal which places the EU right among the mcannot agree with the introduction of compulsory reporting with regard to voluntary charitable acts, as this goes against the idea of a free society and would give rise to administration and expense which would gravely endanger voluntary commitment,particularly for businesses with fewer than 500 staff; calls for greater discrimination and more prudent use of the term CSR, the principal meaning of which is charitable, informal and intuitive CSR commitment; warmly welcomes the aim of uncovering human rights abuses anyd current international initiatives on mandatory corporate sustainability reporting and squarely within the objective of making Integrated Reporting, as being developed by the IIRC, the global norm by the end of the decade; riminal activities and urges countries to punish these severely; considers that the failings of a few have led to businesses as a whole being pilloried and threatened with possible reporting obligations, with their attendant increased burden and expense; calls for differentiated proposals from the Commission;
Amendment 191 #
2012/2097(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 249 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 1
Recommendation 7, paragraph 1
Amendment 256 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 2
Recommendation 7, paragraph 2
Amendment 262 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 3
Recommendation 7, paragraph 3
Amendment 269 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 7, paragraph 4
Recommendation 7, paragraph 4
Amendment 319 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 1
Recommendation 11, paragraph 1
Amendment 323 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 1, point a
Recommendation 11, paragraph 1, point a
Amendment 326 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 1, point b
Recommendation 11, paragraph 1, point b
Amendment 330 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 2
Recommendation 11, paragraph 2
Amendment 335 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3
Recommendation 11, paragraph 3
Amendment 339 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3, point a
Recommendation 11, paragraph 3, point a
Amendment 342 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3, point b
Recommendation 11, paragraph 3, point b
Amendment 347 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3, point c
Recommendation 11, paragraph 3, point c
Amendment 350 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3, point d
Recommendation 11, paragraph 3, point d
d) implement training actions benefiting small and medium-sized companies and their employees and support dialogue and co-operation between these and large companies;eleted
Amendment 352 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 11, paragraph 3, point e
Recommendation 11, paragraph 3, point e
Amendment 357 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 12, paragraph 1
Recommendation 12, paragraph 1
1. Without prejudice to the obligations of companies resulting from national laws or practices, public authorities shall co- finance employability measures that favour employees of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market.
Amendment 363 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 12, paragraph 2
Recommendation 12, paragraph 2
2. In accordance with the rules governing them, European Union Funds, and in particular ERDF, ESF and EGF funds, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2help employers during a restructuring operation.
Amendment 54 #
2012/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fiscal consolidation and structural reform efforts undertaken by Member States; urges the Member States to publish up-to-date economic data on a regular basis;
Amendment 75 #
2012/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that there is an urgent need to further discusstake action with regard to formulating a strategy for a longer-term vision, joint financial and monetary policy for the euro area which ensures sound public finances, sustainable growth and high levels of employment, preventing moral hazard and supporting convergence;
Amendment 96 #
2012/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that all existing and future instruments or institutions which are sensu stricto or sensu lato part of the economic governance framework of the Union need to be democratically legitimised and made accountable through consistent sanctions by involving the parliaments of the Member States and the European Parliament in the setting-up and running of these instruments or institutions;
Amendment 219 #
2012/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Advocates, following the implementation of short-term measures to exit the crisis, the setting-up of a committee inspired by the Delors Committee of 1988, including representatives from Member States, the Commission and the ECB; believes that this committee should evaluate progress and make recommendations for further steps with regard to post-crisis phases, to be discussed in Parliament; takes the view that this committee should also look at the possibility of issuing genuine federal bonds; believes that this committee should have the task of drawing up a strategy on a common financial policy and plans for the safeguarding of the policy;
Amendment 80 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved. To this end, monitoring procedures to ensure compliance with minimum terms and conditions of employment are the most important instrument, being necessary as an effective means of preventing undeclared employment; monitoring by Member States must not be hampered in any way, since otherwise the enforcement of Directive 96/71/EC cannot be guaranteed.
Amendment 97 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) TIn many Member States, trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay.
Amendment 98 #
2012/0061(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The supervisory authorities in the Member States have the most important part to play in enforcing Directive 96/71/EC. Undeclared employment can only be contained by means of effective and efficient checks on compliance with minimum terms and conditions of employment. Monitoring by Member States must not be hampered in any way.
Amendment 102 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without in any circumstances neglecting the importantcentral role of labour inspectorates and the social partners in this respect. Undeclared employment can only be combated by means of effective and efficient checks on compliance with minimum terms and conditions of employment. Monitoring by the Member States must not be hampered in any way.
Amendment 124 #
2012/0061(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Administrative cooperation and prompt and far-reaching mutual assistance between the Member States should comply with the rules on the protection of personal data laid down in Directive 95/46/EC, and with regard to administrative cooperation through the Internal Market Information System (IMI), it should also comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data12 and Regulation (EU) xxx (IMI Regulation) on administrative cooperation through the Internal Market Information System (IMI) . 1 2Or. de OJ L 8, 12.1.2001, p. 1. OJ L 8, 12.1.2001, p. 1.
Amendment 139 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attainedt all times apply to undertakings posting workers for the provision of services all control measures or administrative formalities considered by them to be effective and necessary for the intended purpose. Effective and efficient monitoring procedures must not be hampered in any way, since it will otherwise be impossible to combat undeclared employment.
Amendment 157 #
2012/0061(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and adequate inspections are carried out on their territory. To this end, Member States must at all times be authorised to carry out all control measures and administrative formalities they judge effective and necessary for the purpose in respect of undertakings posting workers for the provision of services. This helps prevent undeclared employment.
Amendment 158 #
2012/0061(COD)
Proposal for a directive
Recital 19
Recital 19
(19) National labour inspectorates, social partners and other monitoring bodies are of paramount importance in this respect and should continue to play a crucial role. The work of the supervisory authority must not be hampered in any way whatsoever.
Amendment 161 #
2012/0061(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Member States are particularly encouraged to introduce a more integrated approach to labour inspections. The need to develop common standards in order to establish comparable methods, practices and minimum standards at Union level should equally be examined. However, the development of common standards must not cause Member States to be hampered in their efforts to combat undeclared employment effectively.
Amendment 207 #
2012/0061(COD)
Proposal for a directive
Recital 31
Recital 31
(31) This Directive does not aim to establish harmonised rules for judicial cooperation, jurisdiction, or the recognition and enforcement of decisions in civil and commercial matters, or to deal with applicable law or restrict control mechanisms used by Member States.
Amendment 216 #
2012/0061(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Since the objective of this Directive, namely to strengthen comprehensively the control mechanisms and measures used by the Member States and establish a general common framework of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, cannot be sufficiently achieved by the Member States, and can therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
Amendment 218 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive comprehensively strengthens Member States’ control mechanisms and measures and establishes a general common framework of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rules, while endeavouring not to restrict Member States’ control mechanisms and measures in any way whatsoever.
Amendment 231 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not affect in any way the exercise of control and inspection activities by the Member States with a view to ensuring compliance with minimum terms and conditions of employment and combating undeclared employment; Neither shall it affect in any way the exercise of fundamental rights as recognised in Member States and by Union law, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 459 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a The Commission and the Member States shall support joint initiatives by the relevant social partners at European and national level to create joint instruments with the aim of informing undertakings and workers, pursuant to Directive 96/71/EC, about the conditions and provisions applicable.
Amendment 462 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall work in close cooperation and provide each other mutual assistance as swiftly as possible in order to facilitate the implementation, application and enforcement in practice of this Directive.
Amendment 467 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying rapidly to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 472 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall rapidly ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws.
Amendment 490 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure thestrict confidentiality of the information which they exchange. Information exchanged shall be used onexclusively in respect of the matter(s) for which it was requested.
Amendment 514 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a During the period of posting a worker to another Member State the inspection of the working conditions is the responsibility of the authorities of the host Member State. The host State can control on its own initiative and is not bound to any results or controls carried out by the authorities of the Member State of establishment.
Amendment 523 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1. Member States shall be free to choose and apply their administrative requirements and control measures.
Amendment 537 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyfor example impose the following administrative requirements and control measures:
Amendment 541 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration in the language of the Member State of destination to the responsible national competent authorities at the latest atprior to the commencement of the service provision, whereby the declaration may only cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting; ust contain the following information: (i) the identity of the service provider (ii) the identity of the posted worker (iii) their anticipated number (iv) the anticipated duration of the posting and the anticipated location where the service will be provided (v) the accessible and clearly identified place in which the audit documents (such as employment contracts, pay slips, time sheets and proof of payment of wages or equivalent documents) are to be kept or made available in paper or electronic form (vi) name, forename and address of the person authorised to accept service in the country of destination, i.e. the person on whom administrative decisions or official documents with legal effect for the service provider established in another Member State may be served (vii) the services justifying the posting. The service provider established in another Member State shall be required to inform the competent national authorities immediately of any changes to the information contained in the declaration.
Amendment 559 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the employment contract (or an equivalent document withindicating the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wagesterms of employment), payslips, time-sheets and proof of payment of wages, work permit and residence permit for third countries, the A1 certificate by way of evidence of social insurance cover in the home Member State or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as for example the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 570 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documents;
Amendment 596 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) Member States may, pursuant to Article 56 of the Treaty on the Functioning of the European Union and in accordance with the relevant national laws, lay down further administrative requirements and control measures.
Amendment 608 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessity and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishmentrecommending of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing,recommending to the Member States where appropriate, any necessary amendments or modifications.
Amendment 617 #
2012/0061(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a To ensure the sustained implementation of national control measures, it is necessary for service providers established in another Member State and posting workers to designate an authorised agent in the host country. Notices and official documents with legal effect may be delivered to the authorised agent of service providers established in another Member State.
Amendment 627 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent national authorities in the Member States shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shallmay be based primarily on a risk assessment towhich may be drawn up regularly by the competent authorities. The risk assessment shallmay identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shallmay be taken into account. This provision shall be without prejudice to the right of Member States to carry out inspections without any basis for suspicion.
Amendment 640 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with Directive 96/71/EC are not discriminatory and/or disproportionate. This provision shall be without prejudice to inspections and controls without any basis for suspicion.
Amendment 768 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. The remaining paragraphs of Article 12 shall not apply to Member States which have already introduced general company liability in respect of labour law in their legislation, which can demonstrate that procedures are in place to provide compliance documents for undertakings, and which have set a legally binding minimum value above which general company liability applies in all sectors of social security.
Amendment 776 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or notify a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority’s Member State allow such action for similar claims or decisions.
Amendment 780 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
The principle of mutual assistance shall not apply in the case of criminal or administrative offences which are punishable in a Member State in accordance with the obligations laid down in the Posting of Workers Directive.
Amendment 790 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. Further to the request by the requesting authority for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine, the requested authority shall rapidly provide any information and mutual assistance which would be useful to the requesting authority in the recovery of a fine and/or penalty, as well as, to the extent possible, for the underlying claim.
Amendment 803 #
2012/0061(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested by the service provider concerned or an interested party, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the requesting Member State in the matter.
Amendment 126 #
2011/2156(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the necessity of non- standard monetary policy measures, but calls for a phasing-out of those programmes as soon as possible in the context of clear exit strategies;
Amendment 155 #
2011/2156(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for the consistent application of the European Stability and Growth Pact and an automatic mechanism for sanctions in the event of budget deficits;
Amendment 200 #
2011/2156(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the introduction of eurosecurities may constitute the necessary fiscal quantum-leap forward that the Union needs at this juncture; welcomes the rapid implementation of the feasibility report promised by the Commission in its declaration XXXeurosecurities should not be endorsed if they take away from deficit states the incentive to pursue a disciplined, responsible budgetary policy; advocates, however, discussing by way of Commission studies what forms eurosecurities might take, in the interest of making qualified decisions possible;
Amendment 60 #
2011/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that Sunday should be enshrined in EU labour legislation as a regular weekly rest day, as it was in the 1993 Working Time Directive, if it can be scientifically proven that Sunday is preferable to any other day of the week in the interest of protecting workers' health;
Amendment 61 #
2011/2147(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that there is an urgent need for a conclusive scientific review of the effects of Sunday working on workers’ health; notes that two Eurofound studies from 2007 and 2003, and studies by British and German researchers from 2009, showed that Sunday is preferable as a regular weekly rest day to any other day of the week in the interest of protecting workers' health; considers that the Commission should order a neutral study in the near future to review all the existing results and come to a conclusive scientific finding;
Amendment 86 #
2011/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to the proliferation of non-standard forms of employment (temporary work, seasonal work, Sunday work, part-time work, teleworking), which require a specific approach to worker protection; calls for the Commission to develop a legislative instrument on joint and several liability of enterprises in subcontracting chains;
Amendment 106 #
2011/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. NotWelcomes the results of the Commission’s ‘Scoreboard 2009’ project illustrating the individual performances of the Member States; regrets that the data are not yet subject to any democratic control and are provided on a purely optional basis;
Amendment 108 #
2011/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes there is a need to study in particular the link between suffering at work and the organisation of work, rather than concentrating onand calls for investigations into health problems to be based in principle on a holistic approach covering organisation of work, statistical factors and detecting individual fragilities;
Amendment 138 #
2011/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that labour inspectors play a vital role in verifying the implementation of the legislation in force and, thereby, in prevention; encourages the Member States to strenglook at whethenr sanctions against enterprises not complying with their obligations concerning fundamental rights (salaries and OHS, including working hours) need to be strengthened;
Amendment 206 #
2011/2147(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that excessive working hours and insufficient rest periods are major factors in the increased level of occupational accidents and diseases; hopes thatcalls for a detailed and realistic scrutiny of the opt-out provisions applicable to Directive 2003/88/EC will be removed; stresses that these provisions violate the fundamental principles of OSH;
Amendment 213 #
2011/2147(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is alarmed at the increase in enforced part-time work, disjointed hours and night and Sunday work; calls for the risks to the balance between work and private life posed by teleworking, Sunday work and multiple jobs to be scientifically assessed;
Amendment 39 #
2011/2116(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores that fact that some national- level and European cooperatives are founded only to reduce the rights and involvement of employees;
Amendment 45 #
2011/2116(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Aims for employee involvement in enterprises to be taken for granted in all Member States of the European Union; advocates greater employee involvement in cross-border forms of enterprise rather than remaining at the level of the lowest common denominator;
Amendment 2 #
2011/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the percentage of early school leavers in the EU currently stands at 14.4% and that 17.4% of these have only completed primary school; notes the tremendous divergence in the percentage of early school leavers in the various Member States and the difficulty of drawing comparisons in terms of relevant contextual factors – such as migratory movements and levels of education in the family – between different regions and Member States;
Amendment 16 #
2011/2088(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that investing more money in combating early school leaving can have the long-term effect of preventing young people from becoming dependent on social security;
Amendment 17 #
2011/2088(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the importance of combating early school leaving, not least in view of demographic trends in the EU;
Amendment 25 #
2011/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the Commission should present to the committee in a year’s time a survey, assessment and evaluation of national reform programmes; urges the Commission to conduct research into the influence of the respective national school systems on the early leaving rate;
Amendment 72 #
2011/2088(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that pupils’ personal situations, e.g. gender, low level of education in the family or a migrant background, must be taken into account, and that these pupils must be given targeted encouragement from the outset; stresses that Roma children and children with no identity papers must be enabled to attend school; recognises that many pupils who leave school early are from a migrant background; therefore encourages the Member States to support measures in the field of pre-school education and language development;
Amendment 76 #
2011/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises that reforms in the fields of integration policy and education policy respectively cannot be considered as separate;
Amendment 6 #
2011/2072(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that some Member States already have excellent security mechanisms in comparison to the international and European level;
Amendment 7 #
2011/2072(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that it is of highest importance to identify best practices in health and safety as well as in training and qualification;
Amendment 10 #
2011/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that a health and safety culture needs to be developed by engaging employers as well as trade unions and securing the active participation of workers, in particular by consulting them, involving them in devising and applying safety procedures, and informing them of the potential risk involved;
Amendment 12 #
2011/2072(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to allow only certified inhouse or external training, asks the Commission to develop European standards for this certification;
Amendment 27 #
2011/2072(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that also employees of the further processing chain offshore or on shore are exposed to extremely high risks for health and safety; asks the Member States to include these employees in their regulating activities;
Amendment 135 #
2011/2071(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is concerned that draft recommendations to member states under the European Semester contained to undermine the specific regulation of holidays and Sundays; asks the Commission and the Council to respect and support these achievements, especially for the work-family balance;
Amendment V #
2011/2052(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the fight against child poverty to focus on prevention through the provision of equal access to high-quality early childhood serviceseducation and care services, in order to prevent children from starting school life with multiple disadvantages, and to other provisions for children (activity centres during the school period and holidays, etc., extracurricular, cultural, sports activities, etc.), ensuring that the network of such services and centres covers all areas adequately; calls for financial support for proven services and the systematic integration of family-support policies in all relevant areas of activity, combining a universal approach with targeted measures for the most vulnerable families, in particular the families of handicapped children, single-parent families and large families; calls for the relationship between parents and children to be given particular attention in programmes to combat poverty and social exclusion in order to prevent children being placed in care as a consequence of severe poverty;
Amendment 354 #
2011/2052(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the fight against child poverty to focus on prevention through the provision of access to early childhood services, ensuring that the network of such services covers all areas adequately; in addition, more importance must be attached to early years education and support;
Amendment 368 #
2011/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Wishes the Commission to initiCategorically states thate a framework directive on minimum income, designed to prevent poverty and serve as a basis for people to live in dignity and make headway with finding employment or identifying training opportunities, with due regard for differing practices, collective labour agreements and legislation in the various Member States must be rejected, as the issue of a minimum income must be decided at a subsidiary level;
Amendment 13 #
2011/2035(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission’s proposal to improve coordination between the cohesion fund and the European Social Fund by means of a common strategic framework; considers it especially important, however, that the specific objectives and flexibility of individual funds should not be restricted at implementation level and that the overall administrative burden should be drastically reduced;
Amendment 15 #
2011/2035(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 23 #
2011/2035(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Insists that the European Social Fund must remain part of cohesion policy; only in this way can integrated strategies for resolving economic and social problems be developed and implemented;
Amendment 25 #
2011/2035(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Firmly believes that coordinating plans and programmes between regional, national and European levels has proved worthwhile and insists that this be continued;
Amendment 27 #
2011/2035(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
Amendment 28 #
2011/2035(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Welcomes the fact that operational programmes (OPs) covering all target areas have also been set up at national level for the ESF for the first time in some Member States for the 2007-2013 funding period;
Amendment 29 #
2011/2035(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Stresses the fact that the Member States and regions must be given sufficient freedom within the operational programme to orientate their range of measures to their specific challenges and long-term regional development strategies, taking into account national and regional characteristics;
Amendment 30 #
2011/2035(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Calls for a sharp increase in investment in the knowledge triangle of education, research and innovation, since they maintain and increase European competitiveness; in this context, welcomes the considerable investment in the knowledge triangle from the ESF and the ERDF which is taking place in many Member States;
Amendment 32 #
2011/2035(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the fact that the ESF provides crucial support for employment market policies and, that Member States should use the ESF for investment in skills, employment, education and retraining activities, and that the ESF plays an important part in boosting social inclusion;
Amendment 45 #
2011/2035(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the effectiveness of the ESF to be increased through more results-oriented action and to this end considers that ex ante setting of clear and measurable targets and outcome indicators is needdirectly linked to the purpose of the funding (output indicators) is needed; takes the view that these targets and indicators should be clearly defined in good time prior to the provision of funding, so that both the Member States and the Commission can comment on the results achieved;
Amendment 50 #
2011/2035(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that measures to improve the effectiveness of the ESF should primarily be based on incentives rather than penalties;
Amendment 59 #
2011/2035(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to improve the visibility of ESF action, to make the allocation of funding under the ESF more transparent and to make the ESF more accessible and capable of providing more support for integration into the job market, particularly by setting up lifelong training to help workers adapt their skills to the needs of the job market;
Amendment 64 #
2011/2035(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Rejects any move to introduce impact indicators, since the real impact of measures is often only felt some considerable time after their implementation has been completed and is therefore difficult to measure;
Amendment 65 #
2011/2035(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Takes the view that the failure to achieve targets should not be penalised by cuts in funding, since this might result in unrealistically low targets being set or in decisions being taken not to support high- risk groups; points out that in the context of ESF funding, for example, there is a real danger of social integration measures being targeted on groups which are highly likely to achieve such integration;
Amendment 66 #
2011/2035(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Takes the view that the eligibility rules should continue to be set at national level;
Amendment 70 #
2011/2035(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that better harmonisation between the various Structural Funds should be achieved and that in particular the synergies between the ESF and the ERDF should be improved; calls, therefore, for an approximation of the rules governing the provision of funding under the ERDF and the ESF;
Amendment 97 #
2011/2035(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for cross-financing between the ERDF and the ESF pursuant to Article 34 of the General Structural Fund Regulation (Regulation (EC) 1083/2006) to be greatly simplified and facilitated so that more integrated concepts can be developed;
Amendment 23 #
2011/2024(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is convinced that the number of regulated professions shallcan be reduced and the scope for automatic recognition of qualifications to new professions should be expanded, with special attention being given to innovative sectors and digital industries;
Amendment 34 #
2011/2024(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that the Member States must continue to have the right to prevent the automatic recognition of inadequate qualifications at any time by imposing compensation measures;
Amendment 81 #
2011/2024(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is categorically opposed to any move to make the code of practice legally binding, on the grounds that its voluntary nature enables Member States to implement recognition procedures in a flexible manner;
Amendment 85 #
2011/2024(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Emphasises that the Member States should continue to be allowed to impose compensation measures, in particular adaptation courses, in order to offset significant disparities in the content of training;
Amendment 87 #
2011/2024(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
Amendment 89 #
2011/2024(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Opposes any move to reduce the number of years of professional experience required for automatic recognition of professional qualifications;
Amendment 36 #
2011/0435(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The nursing and midwifery professions have significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives. In order to prepare them to meet such complex healthcare needs, nursing and midwifery students need to have a solid general education background before they start the training. Therefore, admission to that training should be increased to twelveat least ten years of general education or success in an examination of an equivalent level.
Amendment 94 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – Point b – subparagraph 1
Article 5 – paragraph 1 – Point b – subparagraph 1
(b) where the service provider moves, if he has pursued that profession in one or several Member States for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment. The provision of services in the construction industry shall be excluded from this general freedom to provide services.
Amendment 114 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence lacking. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 119 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2005/36/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Union, on a full or part-time basis, within or outside formal programs, which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession, shall be treated as evidence of formal qualifications of the type covered by Article 11, including the level in question.
Amendment 121 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 122 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2005/36/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Article 13 shall not preclude the host Member State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if the training he has received covers substantially different matters with regard to professional activities than those covered by the training in the host Member State, if the duration of the training of which it provides evidence is at least one year shorter than the minimum period required by the host Member State, and/or if in the host Member State the regulated profession comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s Member State of origin, and if this difference consists in specific training which is required in the host Member State and which covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
Amendment 129 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/36/EC
Article 20
Article 20
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the adaptaadditions tof the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 with a view to updating or clarifying the nomenclature, provided that this does not involve any narrowing of the scope of the activities related to the individual categories. Professional activities which have already been included in a given list shall not be moved to another.
Amendment 135 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing. This shall be without prejudice to the right of Member States to lay down a longer period of general education as a condition governing admission to training.
Amendment 143 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point b
Article 1 – paragraph 1 – point 27 – point b
Directive 2005/36/EG
Artikel 40 – Absatz 2 – Punkt a
Artikel 40 – Absatz 2 – Punkt a
(a) completion of at least the 120 years of general school education or a certificate attesting success in an examination, of an equivalent level, for admission to a midwifery school for route I;
Amendment 59 #
2011/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 63 #
2011/0397(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Ecorys study of groundhandling services, which the Commission cites repeatedly, concludes that, as a result of the first opening-up of the market, jobs have become more insecure and the number of short-term contracts has increased. Trade unions in the EU have also pointed out that levels of pay in the groundhandling sector have not kept pace with inflation or with the average rate of pay increases. Full opening of the market would drastically worsen workers’ circumstances. In these circumstances, robust social protection provision is needed to shield workers from negative consequences. Articles 12, 39 and 40 make such provision.
Amendment 68 #
2011/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Free access to the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards and precautionary provisions for quality and employment conditions are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sector.
Amendment 71 #
2011/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 139 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
All airport users shall be free to self- handle. t every airport in the European Union, airport users shall be free to self-handle if the airport has had an annual traffic of not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three years. Member States may, at most, limit the number of self-handling airport users in respect of the following four of the 11 categories of groundhandling services: (a) Category 3: baggage handling; (b) Category 4: freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft; (c) Category 5: ramp handling; (d) Category 7: fuel and oil handling. Member States may not, however, limit the number of self-handling airport users to fewer than two.
Amendment 158 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 165 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
At airports where the number of suppliers is limited to two or more suppliers in accordance with paragraph (2) of this Article, or Article 14(1)(a) and (c), at least one of the authorised suppliers shall not be directly or indirectly controlled by:
Amendment 177 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 194 #
2011/0397(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Suppliers authorised to provide groundhandling services at an airport where their number is limited under Article 6 or Article 14 shall be selected according to a transparent, open and non- discriminatory tender procedure. The tendering authority shall have the power to require that suppliers of groundhandling services are obliged to offer one or more bundled categories of groundhandling services referred to in Article 6(2). The managing body shall be authorised to make the corresponding application for bundling to the tendering authority.
Amendment 201 #
2011/0397(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) the applicant meets the requirements of Articles 34 and 40;
Amendment 204 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The basic tender documents must take local conditions into account, and therefore have to be drawn up by the managing body of the airport. These documents include the establishment of minimum quality standards that take into account the provisions of Articles 34 and 40, as well as a representative flight schedule. In the award procedure the tendering authority shall select a supplier among the short-listed applicants and award the authorisation to this supplier after consulting the Airport Users' Committee and the managing body of the airport, if the latter is different from the tendering authority.
Amendment 207 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The following award criteria shall include the followingmay be used. Taking local conditions into account, these may be extended, curtailed or removed, with the exclusion of award criteria resulting from Articles 34 and 40. The introduction of these criteria shall be mandatory in all Member States:
Amendment 268 #
2011/0397(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At airports whose annual traffic has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least three consecutive years, no undertaking shall be permitted to provide groundhandling services whether as a supplier of groundhandling services or as a self-handling user unless it has been granted the appropriate approval. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approvalSubcontractors are also covered by this requirement and must be in possession of an approval that is accepted in all EU Member States. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval. However, account shall be taken of the provisions of Article 12 and, in particular, of Articles 34 and 40.
Amendment 274 #
2011/0397(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(c a) it complies with the requirements of Articles 12, 34 and 40. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 304 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. The validity of the approval shall expire or be suspended in the event of failure to comply with the provisions of Articles 34 and 40. Failure to comply with the provisions of Articles 34 and 40 during the approval procedure shall lead to approval being withheld.
Amendment 311 #
2011/0397(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the approval.
Amendment 315 #
2011/0397(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval may be withheld only if the supplier of groundhandling services or self-handling airport user does not meet, for reasons of his own doing, the criteria referred to in this Chapter and the provisions of Articles 34 and 40.
Amendment 320 #
2011/0397(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Airport Users' Committee disagrees with the decision of the managing body of the airport to centralise, or not to centralise, an infrastructure or with the scope of centralisation, it may ask the independent supervisory authority or the corresponding competent bodies of the Member State concerned to decide whether the infrastructure concerned is to be centralised or not and to what extent.
Amendment 341 #
2011/0397(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. Where the Airport Users' Committee disagrees with a fee set by the managing body of the airport or, where relevant, the managing body of the centralised infrastructure, it may ask the independent supervisory authority or the corresponding competent bodies of the Member State concerned to decide on the level of the fee.
Amendment 358 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
At airports whose annual traffic volume has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three yearsin the European Union, the managing bodyies of the airport or the managing bodyies of the centralised infrastructure shall, if ithey provides groundhandling services for third parties, not be obliged to establish a separate legal entity for the provision of these groundhandling activities.
Amendment 364 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 378 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. At airports whose annual traffic volume has been not less than 2 million passenger movements or 50 000 tonnes of freight for at least the previous three yearsin the European Union, the persons responsible for the management of the airport infrastructure or the management of the centralised infrastructure may not participate directly or indirectly in the company structures of the independent entity providing groundhandling services.
Amendment 383 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The legal entity providing groundhandling services as referred to in paragraph (1) may not receive any financial cross-subsidisation from aeronautical activities related to the management of airport infrastructure separation provided for in Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports shall apply in particular in the following cases w: Where the managing body of the airportan airport, the airport user or the supplier of groundhandling services provides groundhandling services, or from aeronautical activities related to the managemethey must rigorously separate the accounts of their groundhandling activities from the accounts of centralised infrastructure in cases where the managing body of the centralised infrastructure provides groundhandling services which would allow the legal entity providing groundhandling services to reduce the prices it charges for its groundhandling services to third parties. their other activities, in accordance with current commercial practice. An independent examiner appointed by the Member State must check that this separation of accounts is carried out. The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.
Amendment 387 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 390 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 426 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point a a (new)
Article 31 – paragraph 3 – point a a (new)
(aa) The managing body of the airport, a competent authority or another body responsible for airport supervision shall be free to choose appropriate means and instruments to punish breaches of the rules of conduct or failures to comply with instructions. Such appropriate means shall explicitly include contractual penalties.
Amendment 427 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point c
Article 31 – paragraph 3 – point c
(c) they may not, in practice, reduce market access or the freedom to self-handle to a degree below that provided for in this Regulation. In particular in the case of breaches of the provisions of Articles 34 and 40, however, market access or the freedom to self-handle must automatically be restricted. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 430 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriate on a proposal from the managing body of the airportshall:
Amendment 434 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 4 – point a a (new)
Article 31 – paragraph 4 – point a a (new)
Amendment 435 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of this Article, 'minimum quality standards' means minimum quality level requirements for groundhandling services. The provisions of Articles 34 and 40 shall apply. Failure to comply with the provisions of Articles 34 and 40 shall automatically lead to the withdrawal, suspension or withholding of the licence.
Amendment 445 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less thanover 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, the airport managing body of the airport or, where appropriate, the Member State, the public authority or any other body which controls the airport shall set minimum qualityadditional minimum standards for the performance of groundhandling services which may go beyond the basic provisions of Articles 34 and 40.
Amendment 473 #
2011/0397(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 494 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in subcontracting. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.
Amendment 499 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Self-handling airport users may subcontract groundhandling services only where they are temporarily unable to perform self-handling due to force majeure. The requirements laid down in and the provisions of Articles 34 and 40 shall apply in the same way to subcontractors.
Amendment 26 #
2011/0386(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Strong and sustainable public finances are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies.
Amendment 31 #
2011/0386(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for budgetary policy coordination and to promote economic growth and sustainable employment. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the Council and Commission recommendations are appropriately integrated in the national process for budget adoption.
Amendment 35 #
2011/0386(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Biased and unrealistic macroeconomic and budgetary forecasts canhamper considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts.
Amendment 42 #
2011/0386(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The closer monitoringAn accurate and strict review for Member States subject to an excessive deficit procedure should allow the identification of risks in the compliance of a Member State's deadline to correct the excessive deficit. In the event of such risks being identified, the Commission should issue a recommendation to the Member State for measures to be taken within a given timeframe that should be presented to the Parliament of the Member State concerned at its request. This assessment should allow rapid correction of any developments putting at risk the correction of the excessive deficit within the established deadline. Assessment of compliance with this Commission recommendation should be part of the continuous assessment made by the Commission of effective action to correct an excessive deficit. When deciding whether effective action to correct the excessive deficit has been taken, the Council should also base its decision on whether or not the Member State complied with the Commission recommendation and to what extend this affects the employment targets. Strict sanctions should be considered in the case of non- compliance. However, each Member State should retain its budgetary sovereignty. The Council and the Commission, in all budgetary assessments in the framework of the excessive deficit procedure, should give due attention to the implementation of social security systems conducive to the Union's sustainable growth objectives.
Amendment 63 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(a a) an assessment of the consistency of the draft budgetary plan with the Union's growth and jobs objectives, the broad guidelines for the economic and financial policies of the Member States and of the Union and the guidelines for the employment policies of the Member States;
Amendment 132 #
2011/0361(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The new rules limiting the duration of the business relationship between an issuer and the credit rating agency would significantly reshape the credit rating market in the Union, which today remains largely concentrated. New market opportunities would arise for small and mid-size credit rating agencies, which would need to develop to take up those challenges in the first years following the entry into force of the new rules. Those developments are likely to bring new diversity into the market. The objectives and the effectiveness of the new rules would, however, be largely jeopardised if, during these initial years, large established credit rating agencies would prevent their competitors from developing credible alternatives by acquiring them. Further consolidation in the credit rating market driven by large established players would result in a reduction of the number of available registered credit rating agencies, thus creating selection difficulties for issuers at the moment in which they regularly need to appoint one or more new credit rating agencies and disturbing the smooth functioning of the new rules. More importantly, further consolidation driven by large established credit rating agencies would particularly prevent the emergence of more diversity in the market. In this context, appropriate incentives to encourage market players to enter this market should be discussed. A rotation rule and barriers to consolidation over the next few years are unlikely to prove sufficient to generate the desired competition in this market.
Amendment 147 #
2011/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Due to the complexity of structured finance instruments, credit rating agencies have not always succeeded in ensuring a sufficiently high quality of credit ratings issued on such instruments. This has led to a loss of market confidence in this type of credit ratings. In order to regain confidence it would be appropriate to require issuers or their related third parties to engage two different credit rating agencies for the provision of credit ratings on structured finance instruments, which could lead to different and competing assessments. This could also reduce the over-reliance on a single credit rating. Since it is particularly important to have quality standards for credit ratings, the introduction of a general, periodic quality review of rating agencies should be discussed in order to avoid in future the errors in credit ratings referred to above, which can be attributed to a lack of competence.
Amendment 154 #
2011/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Investors, issuers and other interested parties should have access to up to date rating information on a central webpage and receive access to future data transmission channels. A European Rating Index (EURIX) established by ESMA should allow investors to easily compare all ratings that exist with regard to a specific rated entity and provide them with average ratings. In order to enable investors to compare ratings on the same entity issued by different credit rating agencies it is necessary that credit rating agencies use a harmonised rating scale, to be developed by ESMA and adopted by the Commission as a regulatory technical standard. The use of the harmonised rating scale should only be mandatory for the publication of the ratings on the EURIX webpage while credit rating agencies should be free to use their own rating scales when publishing the ratings on their own websites. The mandatory use of a harmonised rating scale should not have a harmonising effect on methodologies and processes of credit rating agencies, but should be limited to making the rating outcome comparable. It is important that the EURIX webpage shows, in addition to an aggregate rating index, all available ratings per instrument in order to allow investors to consider the whole variety of opinions before taking their own investment decision. The aggregate rating index may help investors to get a first indication of the creditworthiness of an entity. The EURIX should help smaller and new credit rating agencies to gain visibility. The European Rating Index would complement the information on historical performance data to be published by credit rating agencies in ESMA's central repository. The European Parliament supported the establishment of such European Rating Index in its resolution on credit rating agencies of 8 June 2011.
Amendment 182 #
2011/0361(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to contribute to the issuance of up to date and credible sovereign ratings and to facilitate users' understanding, it is important to regularly review ratings. In order to make ratings easier to understand, an overview should be provided - in addition to regular controls - enabling users to understand how ratings are made. It is also important to increase the transparency about the research work carried out, the staff allocated to the preparation of ratings and the underlying assumptions behind the credit ratings made by credit rating agencies in relation to sovereign debt.
Amendment 252 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 1
Article 6b – paragraph 1
(1) Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on that issuer, it shall not issue credit ratings on that issuer for a period exceeding threfive years.
Amendment 255 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 2 – point a
Article 6b – paragraph 2 – point a
a) when those credit ratings are issued within a period exceeding an initial period of twelve months but shorter than threfive years, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment that ten debt instruments have been rated;
Amendment 258 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 2 –point c
Article 6b – paragraph 2 –point c
c) when less than ten credit ratings are issued, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment a period of threfive years have elapsed..
Amendment 278 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 10 – point c
Article 1 – point 10 – point c
Regulation (EC) No 1060/2009
Article 8 – paragraph 5a – subparagraph 1
Article 8 – paragraph 5a – subparagraph 1
5a. A credit rating agency that intends to change or use any new rating methodologies, models or key rating assumptions shall publish the proposed changes or proposed new methodologies on its website inviting stakeholders to submit comments for a period not shorter than one monthof six weeks, together with a detailed explanation of the reasons for and the implications of the proposed changes or proposed new methodologies.
Amendment 282 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 10 – point c
Article 1 – point 10 – point c
Regulation (EC) No 1060/2009
Article 8 – paragraph 5a – subparagraph 2
Article 8 – paragraph 5a – subparagraph 2
Amendment 325 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 11a – paragraph 2
Article 11a – paragraph 2
(2) ESMA shall establish a European Rating Index which will include all credit ratings submitted to ESMA pursuant to paragraph 1 and an aggregated rating index for any rated debt instrument. The index and individual credit ratings shall be published on ESMA’s website. and made available as data feed. .
Amendment 288 #
2011/0298(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to give all relevant information to investors, it is appropriate to require investment firms providing investment advice to clarify the basis of the advice they provide, notably the range of products they consider in providing personal recommendations to clients, whether they provide investment advice on an independent basis and whether theyis provided in conjunction with the acceptance or receipt of third-party inducements and whether the investment firms provide the clients with the on-goingperiodic assessment of the suitability of the financial instruments recommended to them. It is also appropriate to require investment firms to explain their clients the reasons of the advice provided to them. In order to further define the regulatory framework for the provision of investment advice, while at the same time leaving choice to investment firms and clients, it is appropriate to establish the conditions for the provisions of this service when firms inform clients that the seradvice is provided on an independent basis. In order to strengthen the protection of investors and increase clarity to clients as to the service they receive, it is appropriate to further restrict tin conjunction with the acceptance or receipt of third- party inducements. When possibility for firms to accept or receive inducements from third parties, and particularly from issuers or product providers, when providroviding portfolio management to professional and retail clients withing the service of investment advmeaning of Article on an independent basis and the service of portfolio management. In such cases, only limited non-monetary benefits as training on the features of the products should be allowed subject to the condition that they do not impair the ability of investment firms to pursue the best interest of their clients, as further clarified in Di4(1) points 9 and 10, the investment firm should, prior to the agreement, inform the client about the expected scale of inducements, and periodic reports should disclose all inducements paid or recteive 2006/73/ECd.
Amendment 764 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
6. When providing portfolio management the investment firm shall not accept or receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clientso professional or retail clients within the meaning of Article 4 (2) point (9) and (10) the investment firm shall, prior to the agreement, inform its client about the expected scale of inducements. The periodic report shall disclose all inducements paid or received in the preceding period.
Amendment 873 #
2011/0298(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Member States shall ensure that investment firms authorised to execute orders on behalf of clients and/or to deal on own account and/or to receive and transmit orders and/or providing portfolio management, may bring about or enter into transactions with eligible counterparties without being obliged to comply with the obligations under Articles 24 (with the exception of paragraph 3), 25 (with the exception of paragraph 5) , 27 and 28(1) in respect of those transactions or in respect of any ancillary service directly related to those transactions.
Amendment 1236 #
2011/0298(COD)
Proposal for a directive
Article 75 – paragraph 1 – point n
Article 75 – paragraph 1 – point n
(n) an investment firm repeatedly failing to obtainstrive for the best possible result for clients when executing orders and failing toby establishing arrangements in accordance with national provisions implementing Article 27 and Article 28;
Amendment 236 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘exchange-traded funds’ means units in those open-ended collective investment schemes which are freely negotiable on the capitalactively traded on at least one European regulated market, with at least one markets maker and in most cases track the performance of an index;
Amendment 688 #
2011/0296(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
Derivative contracts of non-financial counterparties which are objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 691 #
2011/0296(COD)
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. ESMA shall only take a decision under paragraph 1 if all of the following conditions are fulfilled:
Amendment 694 #
2011/0296(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
Amendment 696 #
2011/0296(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 703 #
2011/0296(COD)
Proposal for a regulation
Article 32 – subparagraph 1 a (new)
Article 32 – subparagraph 1 a (new)
Derivative transactions of non-financial counterparties which are objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 706 #
2011/0296(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets orin the stability of whole or part of the financial sysrelevant Member Statem;
Amendment 723 #
2011/0296(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. ESMA shall perform a facilitation and coordination role in relation to action taken by competent authorities under Article 32. In particular ESMA shall ensure that action taken by a competent authority is justified and proportionate and that where appropriate a consistent approach is taken by competent authoritieslimited to circumstances where concerns in terms of investor protection or a threat to the orderly functioning and integrity of financial markets arise mainly on the territory of a specific Member State.
Amendment 725 #
2011/0296(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. After receiving notification under Article 32 of any action that is to be imposed under that Article, ESMA shall within one month adopt an opinion on whether it considers the prohibition or restriction is justified and proportionate. If ESMA consid and whether the concerns in terms that the taking of a measure by other competent authorities is necessary to address the risk, it shall also state this in the opinion. The of investor protection or the threat to the orderly functioning and the integrity of financial markets is limited to the territory of the relevant Member State. If ESMA considers that a coordinated action by ESMA under Article 31 is necessary to address the risk, it shall also state this in the opinion. In this case, the competent authority issuing the notification shall abstain from any measures under Article 32. The opinion shall be published on ESMA's website.
Amendment 738 #
2011/0296(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c a (new)
Article 35 – paragraph 1 – point c a (new)
(ca) Derivative transactions of non- financial counterparties which are objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 779 #
2011/0296(COD)
Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 3
Article 36 – paragraph 4 – subparagraph 3
Persons established in the Union shall be allowed to receive investment services by a third country firm not registered in accordance with paragraph 1 only at their own exclusive initiative.
Amendment 311 #
2011/0295(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Persons discharging managerial responsibilities within an issuer of a financial instrument or an emission allowance market participant, not exempted pursuant to the second subparagraph of paragraph 2 of Article 12, as well as persons closely associated with them, shall ensure that information is made public about the existence of transactions conducted on their own account relating to the shares of that issuer, or to derivatives or other financial instruments linked to them, or in emission allowances. Such persons shall ensure that the information is made public within twofive business days after the day on which the transaction occurred.
Amendment 240 #
2011/0270(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) Promote workers’ geographical and cross-border mobility and boost employment opportunities by developing Union labour markets that are open and accessible to all;
Amendment 298 #
2011/0270(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 4
Article 6 – paragraph 1 – point 4
4. Actions to promote mobility of individuals in the Union, focusing in particular on cross-border workers and on the development of a multilingual digital platform for the clearance of job vacancies and applications, and targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and/or to help specific groups of workers such as young people.
Amendment 107 #
2011/0269(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to support redundant workers effectively and rapidly, Member States should do their utmost to submit complete applications. This can be facilitated by bilateral proactive interaction and clear communication between the Commission and the national managing authorities. The Commission should decide quickly whether to accept or reject the applications in order to ensure the effectiveness of the Fund. The provision of supplementary information should be exceptional and limited in time.
Amendment 134 #
2011/0269(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Actions benefiting from financial contributions by the Fund pursuant to Article 2(a) and (b) shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable long- term employment within a year from the date of applicationby the end of the transposition period. Should this target not be met, assessments must be carried out and suggestions for improvements proposed for similar cases in the future.
Amendment 281 #
2011/0269(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. No later than six months after the expiry of the period specified in Article 16(4) the Member State shall present a finaldetailed report to the Commission on the implementation of the financial contribution, including information on the type of actions and main outcomes, the characteristics of the targeted workers and their employment status, together with a statement justifying the expenditure and indicating whenever possible the complementarity of actions with those funded by the ESF.
Amendment 112 #
2011/0268(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(19a) The European Social Fund should promote popular sports.
Amendment 159 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The ESF shall benefit people, including disadvantaged groups such as the long- term unemployed, people with disabilities, migrants, ethnic minorities, marginalised communities and people of all ages facing social exclusion. The ESF shall also provide support to enterprises, systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms, in particular in the fields of employment, education and social policies.
Amendment 188 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point v
Article 3 – paragraph 1 – point a – point v
(v) AFairness and solidarity between generations, demographic change and adaptation of workers, enterprises and entrepreneurs to change;
Amendment 197 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point vi
Article 3 – paragraph 1 – point a – point vi
(vi) Active and healthy ageingliving and ageing. physical activity and popular sports;
Amendment 242 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – point i
Article 3 – paragraph 1 – point c – point i
(i) Active inclusion of all persons, by means of both measures to help people find jobs and comprehensive efforts to combat poverty, discrimination and exclusion;
Amendment 255 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – point iv
Article 3 – paragraph 1 – point c – point iv
(iv) Enhancing access to affordable, sustainable and high-quality services, including health care, healthy physical activity, popular sports and social services of general interest;
Amendment 302 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) For more developed regions, Member States shall concentrate 870 % of the ESF allocation to each operational programme on up to four of the investment priorities set out in Article 3(1).
Amendment 308 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) For transition regions, Member States shall concentrate 760 % of the ESF allocation to each operational programme on up to four of the investment priorities set out in Article 3(1).
Amendment 328 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. To encourage adequate participation of the social partners in actions supported by the ESF, managing authorities of an operational programme in a region as defined in Article 82(2)(a) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shallmay ensure that an appropriate amount of ESF resources is allocated to capacity-building activities, in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners.
Amendment 340 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage adequate participation of and access by non-governmental organisations to actions supported by the ESF, notably in the fields of social inclusion, gender equality and equal opportunities, the managing authorities of an operational programme in a region as defined in Article 82(2)(a) (less developed regions) and (b) (transition regions) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount of ESF resources is allocated to capacity- building for non-governmental organisations, in the form of training and networking measures, and to joint measures taken by non-governmental organisations.
Amendment 348 #
2011/0268(COD)
Proposal for a regulation
Article 7
Article 7
The Member States and the Commission shall commit themselves to promoteing equality between men and women through mainstreaming as referred to in Article 7 of Regulation (EU) No […] and. In addition they should take specific targeted actions as referred to in Article 3(1)(a)(iv), in particular with the aim of increasing the sustainable participation and progress of women in employment, reducing gender- based segregation in the labour market, combating gender stereotypes in education and training and promoting reconciliation of work and personal life for men and women.
Amendment 39 #
2011/0261(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) The definition of financial instruments in Annex I to the Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (MiFID) covers units in collective investment undertakings. This implies that shares and units of undertakings for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and alternative investment funds (AIF) as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 are financial instruments. Therefore, the subscription and redemption of these instruments are transactions that should be subject to the FTT with the exemption of undertakings for collective investments in transferable securities (UCITS) and alternative investment funds (AIF).
Amendment 58 #
2011/0261(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) This Directive does not address the management of revenue from the FTT. However, having regard to the Commission proposal for a Council regulation laying down the multiannual financial framework for the years 2014 to 2020 and in particular concerning the provisions on the Union's own resources, 25 per cent of the annual revenue from an FTT could be envisaged to be managed at Union level, either as a part of Union own resources or directly linked to specific Union policies and public goods, inter alia, the financing of development aid goals, the fight against climate change, sustainable development and the Union's social welfare state. The remaining 75 per cent of the annual revenue from an FTT could be envisaged to be managed at member states' national level, whereas each member state should benefit from it proportional to its financial contribution in the context of bank rescue.
Amendment 82 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(a) primary market transactions referred to in point (c) of Article 5 of Commission Regulation (EC) No 1287/2006, except for the issue and redemption of shares and units of undertakings for collective investments in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and the Council and alternative investment funds (AIF) as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and the Council;
Amendment 108 #
2011/0261(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point e
Article 2 – paragraph 1 – point 7 – point e
Amendment 176 #
2011/0261(CNS)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
In that report the Commission shall, at least, examine the impact of the FTT on the proper functioning of the internal market, the financial markets and the real economy and it shall take into account the progress on taxation of the financial sector in the international context, the target group appropriate scope of the FTT and the need to distinguish different financial products and assets categories with regard to the rate of taxation.
Amendment 617 #
2011/0202(COD)
Proposal for a regulation
Article 111 – paragraph 4
Article 111 – paragraph 4
4. Exposures to public-sector entities may be treated as exposures to the central government, regional governments or local authority in whose jurisdiction they are established where there is no difference in risk between such exposures because of the existence of an appropriate guarantee by the central government, regional government or local authority.
Amendment 702 #
2011/0202(COD)
Proposal for a regulation
Article 123 – paragraph 2 – point b
Article 123 – paragraph 2 – point b
(b) alternative investment funds as defined by Article 4(1)(1) of Directive [inserted by OP - Directive on Alternative Investment Fund Managers]; whereby the institution may calculate an average risk weight for its exposures in the form of unit or share in the AIF set out in Art. 127 paragraph 4 ("the look through approach"), when the AIF management company meets the criteria of Art. 127 paragraph 3."
Amendment 735 #
2011/0202(COD)
Proposal for a regulation
Article 145 – paragraph 1 – subparagraph 1 – point d – introductory part
Article 145 – paragraph 1 – subparagraph 1 – point d – introductory part
(d) exposures to central governments of the Member States and their regional governments, local authorities and administrative bodies in a Member State provided:
Amendment 862 #
2011/0202(COD)
Proposal for a regulation
Article 379 – paragraph 7
Article 379 – paragraph 7
7. In order to determine the existence of a group of connected clients, in respect of exposures referred to in points (l) and (n) of 107 where there is an exposure to underlying assets, and in respect of exposures referred to in point (p) of Article 107 where there is a scheme and an exposure to underlying assets, an institution shall assess the scheme, its underlying exposures, or both. For that purpose, an institution shall evaluate the economic substance and the risks inherent in the structure of the transaction. If an institution with respect to exposures referred to in point (n) of 107 assesses the underlying exposures, the exposure of the institution does not include the exposure referred to in point (n) of 107.
Amendment 1064 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 5
Article 404 – paragraph 5
5. Shares or units in CIUs may be treated as liquid assets up to an absolute amount of 2500 million EUR provided that the requirements in Article 127(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit risk, only invests in liquid assets. The use (or potential use) by a CIU of derivative instruments to hedge permitted investments shall not prevent that CIU from being eligible.
Amendment 1327 #
2011/0202(COD)
Proposal for a regulation
Article 436 – paragraph 1 – introductory part
Article 436 – paragraph 1 – introductory part
1. IThe decision if the disclosure of the leverage ratio is to be implemented or not should include the report on whether the negative effects of the leverage ratio might outweigh its benefits as well as the decision of the European Council and Parliament on the treatment of the leverage ratio. If the disclosure is appropriate the institutions shall disclose the following information regarding their leverage ratio as defined in Article 416 and their management of the risk of excessive leverage as defined in point (B) of Article 4(2) of Directive [inserted by OP]:
Amendment 1562 #
2011/0202(COD)
Proposal for a regulation
Article 482 – paragraph 1
Article 482 – paragraph 1
1. The Commission shall submit by 31 December 2016 a report on the impact and effectiveness of the leverage ratio to the European Parliament and the Council. Where appropriate, the report shall be accompanied by a legislative proposal on the introduction of one or more levels for the leverage ratio that institutions would be required to meetinclude an assessment of one or more levels for the leverage ratio for different business activities and its respective asset classes, suggesting an adequate calibration for those levels and any appropriate adjustments to the capital measure and the total exposure measure as defined in Article 416.
Amendment 57 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Exposure limit values as well as orientation and action values for both electric and magnetic fields in the frequency range from 0 to 100 kHz shall be as set out in Annex II. The limit values shall apply whether the applications are technical or medical in nature.
Amendment 71 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 80 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 91 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorising work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to in Article 17a of Directive 89/391/EEC.
Amendment 155 #
2011/0152(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Without prejudice to Articles 10 and 12 of Directive 89/391/EEC, the employer shall ensure that workers who are exposed to risks from electromagnetic fields at work and/or their representatives receive any necessary information and training relating to the outcome of the risk assessment provided for in Article 4(1) of this Directive, concerning in particular:
Amendment 172 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
For exposure in the range from 100 kHz up to 300 GHz, and in any event where exposure above the exposure limit values is detected, a medical examination shall be made available to the worker(s) concerned in accordance with national law and practice. If health damage resulting from such exposure is detected, a reassessment of the risks shall be carried out by the employer in accordance with Article 4 and the employer shall provide compensation in accordance with national law and practice.
Amendment 176 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The results of health surveillance shall be preserved in a suitable form so as to permit consultation at a later date, taking account of confidentiality requirements. Individual workers shall, at their request, have unlimited access to their own personal health records.
Amendment 178 #
2011/0152(COD)
Proposal for a directive
Article 9
Article 9
Member States shall provide for adequate sanctions to be applicable in the event of infringements of national legislation adopted pursuant to this Directive. These sanctions must be effective, proportionate and dissuasive. Member States shall lay down what suitable compensation is to be provided in the event of an adverse health effect caused by exposures regulated in this Directive.
Amendment 195 #
2011/0152(COD)
Proposal for a directive
Annex II – Part B – paragraph 1 – indent 1
Annex II – Part B – paragraph 1 – indent 1
– Actions values and Orientation values correspond to estimated or measured field values at the workplace in absence of the worker.
Amendment 232 #
2011/0152(COD)
Proposal for a directive
Annex III – Part E – paragraph 1
Annex III – Part E – paragraph 1
Workers having declared themselves as wearing an AIMD, young persons and women having declared themselves to be pregnant are considered to be persons at particular risk, as stated in Article 4(5)(c).
Amendment 313 #
2011/0006(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Since the objectives of this Directive, namely improving the functioning of the internal market by means of ensuring a high, effective and consistent level of prudential regulation and supervision, protecting policy holders and beneficiaries and thereby businesses and consumers, protecting the integrity, efficiency and orderly functioning of financial markets, maintaining the stability of the financial system, and strengthening international supervisory coordination, cannot be sufficiently achieved by the Member States and can, therefore, by reason of scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive should not go beyond what is necessary in order to achieve those objectives and should not, in particular, lay down any solvency requirements for occupational pensions bodies.
Amendment 452 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 3
Article 308a – paragraph 3
3. Where the Commission has adopted a delegated act in accordance with Article 308b(3), Article 41(1) and Article 41(3) shall not apply for a maximum period of 3 years from the date referred to in the first sub-paragraph ofIn accordance with Article 308b, from 1 July 2013: (a) insurance and re-insurance undertakings shall calculate estimates for the solvency capital requirement, the minimum capital requirement, the amount of own resources and the balance in accordance with this Directive, and shall provide this information to the supervisory authorities; (b) insurance and re-insurance undertakings shall comply with the information requirements with regard to annual reporting to the supervisory authorities in accordance with Article 35; the Member States may waive these information requirements for such insurance and re-insurance undertakings that do not fully comply with the requirement to provide appropriate systems and structures in line with Article 309(1).. 5(5).
Amendment 454 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 3 a (new)
Article 308a – paragraph 3 a (new)
3a. During the transitional period, the Member States may allow insurance and re-insurance undertakings to disclose, or include in supervision reports, only such information that can be provided by their existing systems and structures, even if, in doing so, they are not fully complying with the reporting and disclosure requirements referred to in Articles 35, 51, and 53 to 55;
Amendment 457 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 5 a (new)
Article 308a – paragraph 5 a (new)
5a. During the transitional period, the Member States may allow groups of insurance and re-insurance undertakings to disclose, or include in supervision reports, only such information that can be provided by their existing systems and structures, even if, in doing so, they are not fully complying with the reporting and disclosure requirements referred to in Articles 254(2) and 256;
Amendment 24 #
2010/2302(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas it is still common practice that credit rating agencies assess market participants while simultaneously obtaining orders from them which leads to competition bias,
Amendment 47 #
2010/2302(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that competition biases caused by the common practice that credit rating agencies assess market participants while simultaneously obtaining orders from them, have to be reduced;
Amendment 102 #
2010/2302(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, to ensure its credibility, the management, staff and governance structure of the new ECRaF need to be fully autonomous and not bound by instructions vis-à-vis the Member States, the Commission and all other public bodies;
Amendment 187 #
2010/2302(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Suggests that each registered CRA should conduct an annual review to assess its past credit rating performance and should compile this information in an accountability report for the supervisor; suggests that the ESMA should carry out random checks on accountability reports on regular basis to ensure a high quality standard in credit ratings;
Amendment 9 #
2010/2301(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the competition between different social systems resulting from the opening up of the world market; notes a rise in the level of informal work in urban areas as well as violations of the principles of decent work despite the existence of a legislative framework governing employment conditions; notes better access to the employment market and a fall in rural unemployment as a result of the opening up of the Chinese economy; considers it desirable for observance of human rights to be an essential pillar of economic cooperation between the EU and China, which will, inter alia, generate respect for employees in undertakings;
Amendment 10 #
2010/2301(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the competition between different social systems resulting from the opening up of the world market; notes a rise in the level of informal work in urban areas as well as violations of the principles of decent work despite the existence of a legislative framework governing employment conditions; notes better access to the employment market and a fall in rural unemployment as a result of the opening up of the Chinese economy; observes that human rights are still not sufficiently taken into account in China, although they are an indispensable basis for stable relations between employees and employers;
Amendment 11 #
2010/2301(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the competition between different social systems resulting from the opening up of the world market; notes a rise in the level of informal work in urban areas as well as violations of the principles of decent work despite the existence of a legislative framework governing employment conditions; notes better access to the employment market and a fall in rural unemployment as a result of the opening up of the Chinese economy; observes that, despite the ratification of ILO Conventions Nos 138 and 182, shortcomings remain in the field of the prohibition of child labour;
Amendment 21 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomes the efforts made by Chinese central and local government in this area; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; stresses in this connection the Social Security Reform Cooperation Project between the EU and China, which aims to give Chinese citizens access to adequate and affordable social insurance; underlines the importance of compliance with International Labour Organisation rules and respect for the right to freely form trade unions;
Amendment 24 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomes the efforts made by Chinese central and local government in this area; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; underlines the importance of compliance with International Labour Organisation rules, particularly on health and safety in the workplace, and respect for the right to freely form trade unions;
Amendment 25 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomes the efforts made by Chinese central and local government in this area; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; underlines the importance of compliance with International Labour Organisation rules and respect for the right to freely form trade unions; observes that, as a member of the WTO, China does not sufficiently guarantee compliance with the principles and obligations accepted by means of the protocol of accession, particularly with regard to protection of copyright and avoidance of export restrictions, which is distorting global competition and thus having an adverse impact in the EU;
Amendment 26 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomes the efforts made by Chinese central and local government in this area; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; underlines the importance of compliance with International Labour Organisation rules and respect for the right to freely form trade unions; considers the intensification of the dialogue between the EU and China which was launched in 2009 to improve working conditions and reduce the number of occupational accidents and cases of occupational disease to be an essential measure;
Amendment 27 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomes the efforts made by Chinese central and local government in this area; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; underlines the importance of compliance with International Labour Organisation rules and respect for the right to freely form trade unions; notes that, as part of closer economic cooperation between China and the EU, the labour-law dimension should loom larger in the bilateral dialogue between Europe and China on the rule of law;
Amendment 48 #
2010/2301(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Chinese population is getting older and that the seemingly endless growth in the available workforce, in particular lower-skilled workers, appears to be drying up; notes that a shift in trade from China to other South-East Asian countries is taking place as a result of potential cost advantages; calls, therefore, on the Commission to introduce an integrated European policy for the South- East Asia region; observes that a stronger awareness of employment standards should arise in China’s growing middle class – an awareness which is relatively undeveloped in the population as a whole at present;
Amendment 81 #
2010/2273(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 85 #
2010/2273(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Respects the decision of Member States to exercise their right to have transitional barriers regarding free movement of workers from the Member States who joined in 2004 and 2007; believes that these barriers are reasonable from the standpoint of the Member States in question and do not constitute discriminatory measures against European citizens;
Amendment 96 #
2010/2273(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to publicise the positive and negative effects derived from labour mobility for the host and home countries and the EU, from a socio- economic and geographical cohesion point of view;
Amendment 104 #
2010/2273(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the Commission to provide a detailed study of the effects of full freedom of movement starting from 1 May 2011 on the labour markets of those Member States which have thus far exercised their right to transitional arrangements; underlines that a study of this kind should be produced no later than October 2012;
Amendment 48 #
2010/2272(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas women with disabilities often suffer double discrimination, and whereas governments can counter this phenomenon by implementing gender mainstreaming in all relevant areas of disability policy,
Amendment 69 #
2010/2272(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need for a new efficient approach to disability starting from the creation of a more effective mechanism to coordinate and monitor the implementation of the EDS, whilst respecting established powers in this area and in accordance with the principles of subsidiarity;
Amendment 192 #
2010/2272(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that sheltered workshops and integrated workplaces could be equally valuable solutions to employing people with different disabilities and at different stages of life in accordance with applications of reasonable accommodation;
Amendment 238 #
2010/2272(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that voluntary social corporate responsibility could also be an important impetus to the situation of people with disabilities; calls upon actors and stakeholders to support and apply good practices in this field;
Amendment 280 #
2010/2272(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls upon the Member States to (re)consider their disability-related actions and national programmes or strategies within the time span and framework of the EDS in accordance with the EU2020 Strategy and the United Nations Convention on the Rights of Persons with Disabilities;
Amendment 9 #
2010/2239(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the existing European coordination and legislative framework for pay-as-you-go pension systems and for occupational pension schemes is fully sufficient, has operated successfully for over 50 years in some cases and does not need to be extended;
Amendment 10 #
2010/2239(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that statutory PAYG schemes have proved their stability and reliability in the test of the financial and economic crisis;
Amendment 11 #
2010/2239(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that many Member States face major challenges as to how they ensure that pensions can be safeguarded in accordance with citizens’ expectations; stresses that the Member States should be supported at EU level primarily through the exchange of information on how to overcome these challenges;
Amendment 12 #
2010/2239(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
Amendment 13 #
2010/2239(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Notes that harmonisation, additional regulation, monitoring or supervision of pensions systems under the first and second pillars constitute an infringement of the subsidiarity principle and make no sense owing to the totally different arrangements and legal bases in the Member States; in particular with regard to voluntary occupational pension schemes, they would even put the continued existence of such schemes at risk;
Amendment 14 #
2010/2239(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Considers that, in view of demographic trends and the need to ensure that pensions can be paid for, it is necessary for more people to participate in the labour market and to do so for longer; observes that life expectancy is growing; but rejects an automatic adaptation mechanism in the form of a (Europe- wide) linkage between life expectancy and the statutory retirement age, since the statutory retirement age must always be judged against the background of the social and labour-market policy conditions prevailing in the Member State concerned;
Amendment 15 #
2010/2239(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Considers that it is impossible and counterproductive to set a harmonised retirement age at European level since this age depends largely on the specific conditions prevailing in each Member State; stresses instead that effective measures must be takento combat the sharp rise in unemployment in many Member States;
Amendment 17 #
2010/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a nuanced assessment of the implications of the crisis for the Member States and retirement pension systems is needed, in particular because there are substantial differences between Member States’ retirement pension systems, ruling out any possibility of proposals for improvements and modernisation which would be valid throughout the EU; whereas, further, in recent years some Member States have already prepared the ground for the measures needed to modernise retirement pension provision,
Amendment 32 #
2010/2239(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 32 #
2010/2239(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Firmly opposes new EU legal provisions which seek to standardise, call into question or hamper the continued implementation of functioning state pension systems;
Amendment 34 #
2010/2239(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the existing European coordination and legal framework for pay-as-you-go pension systems and occupational retirement pension systems is entirely adequate, has been operating successfully in some cases for more than 50 years and does not need to be expanded;
Amendment 37 #
2010/2239(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 37 #
2010/2239(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that pay-as-you-go state pension systems have demonstrated their stability and reliability by passing the stress test constituted by the financial and economic crisis;
Amendment 38 #
2010/2239(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
Amendment 48 #
2010/2239(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Rejects a definition of the term ‘adequacy’ in the context of pensions or retirement income on the grounds of the subsidiarity principle and the diversity of national pension systems;
Amendment 51 #
2010/2239(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that many Member States face enormous challenges in ensuring that pensions meet citizens’ expectations; emphasises that the EU should help the Member States to overcome these challenges first and foremost by fostering exchanges of experience;
Amendment 52 #
2010/2239(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 56 #
2010/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Sorely misses any mention ofPoints out that SMEs, which are one of the main sources of employment in the EU and can, must and wish to, make a major contribution to the sustainability and adequacy of pension systems;
Amendment 60 #
2010/2239(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises that there is no perfect pension system, but is convinced that a balanced multi pillar system of public, voluntary work related and voluntary private as well as funded and unfunded should be found; is of the opinion that each Member State should define a minimum target income level after retirement so as to avoid raising poverty among ageing population;
Amendment 85 #
2010/2239(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that pensions and pension systems are a primary responsibility of the Member Statesthe Member States indisputably have sole responsibility for and exclusive decision-making powers in respect of pensions and pension systems; strongly urges the Commission to comply strictly with the subsidiarity principle in this policy area;
Amendment 97 #
2010/2239(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
MOBILITY 11a. Emphasises that, while mobility is becoming increasingly important and necessary in national labour markets, it plays a lesser role at European level and cannot, therefore, be used to justify the introduction of EU minimum standards for occupational pensions, particularly given that EU minimum standards would jeopardise the continued existence of voluntary occupational pension systems in some Member States;
Amendment 97 #
2010/2239(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 98 #
2010/2239(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Firmly rejects any new EU statutory provisions that call into question voluntary occupational pension systems or make it harder for them to continue to operate – such systems being, not financial-market-based entities, but rather employers’ voluntary social welfare systems which are not profit-orientated and are insolvency-proof under the terms of national rules and arrangements (such as the Pension Guaranty Associations in Luxembourg and Germany);
Amendment 99 #
2010/2239(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Emphatically rejects EU minimum standards for the acquisition and receipt of occupational pension entitlements in the case of employer-financed occupational pension schemes; rejects in particular any reduction in, or ban on, time restrictions for pension entitlements when people change employer, as either option would lead to a 30% increase in costs, which would spell the end of employers’ voluntarily funded pension schemes, thereby harming employees’ interests too – voluntary schemes of this type being worth a total of more than EUR 450 billion in Germany alone;
Amendment 100 #
2010/2239(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Underlines the fact that employer- financed occupational pension schemes are, most importantly, ways in which companies generate loyalty and create a bond with their employees; as demographic change continues, sharply reducing supply on the labour market, occupational pension provision will become even more important than it already is, right across Europe; in Germany alone, more than 65% of all employees have an occupational pension;
Amendment 101 #
2010/2239(INI)
Draft opinion
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Stresses that in the case of employer- funded occupational pensions a vesting period of at least five years must apply, since they serve only as a means of staff retention and a reward for staff loyalty;
Amendment 102 #
2010/2239(INI)
Draft opinion
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Takes the view that EU rules on transferability of occupational pensions must apply only to fully funded pension schemes; accrual-funded pension schemes and others that are not fully funded must continue to be untransferable;
Amendment 102 #
2010/2239(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that, in the light of the widely differing arrangements and legal bases in the Member States, the standardisation or additional regulation or supervision of retirement pension systems under the first and second pillars is also pointless; points out that in the specific case of voluntary occupational retirement pension systems any such move might jeopardise their continued existence;
Amendment 103 #
2010/2239(INI)
Draft opinion
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Calls for a Commission study on the extent of cross-border labour mobility;
Amendment 104 #
2010/2239(INI)
Draft opinion
Paragraph 11 h (new)
Paragraph 11 h (new)
11h. Calls for an examination of whether pension insurance associations such as those that exist in Luxembourg and Germany to protect the second pillar in the event of bankruptcy can be recommended to other Member States as a hedging mechanism and best practice;
Amendment 105 #
2010/2239(INI)
Draft opinion
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Calls on the Commission to have an impact assessment carried out with a view to analysing what additional costs the introduction of EU minimum standards and standardisation measures for the second pillar (e.g. changes to the vesting period, new provisions governing dynamisation, inclusion of pension commitments in the scope of the pension fund directive) would generate in the Member States;
Amendment 106 #
2010/2239(INI)
Draft opinion
Paragraph 11 j (new)
Paragraph 11 j (new)
11j. Notes that pension entitlements under the first pillar are governed by the relevant coordinating regulation, and that for second-pillar pensions solutions to the problem of the EU-wide transferability of employee-financed occupational pensions would be desirable, but proposals concerning the portability of employer- financed occupational pensions should be rejected as unnecessary;
Amendment 107 #
2010/2239(INI)
Draft opinion
Paragraph 11 k (new)
Paragraph 11 k (new)
11k. Considers that in view of the widely differing nature and the complexity of the second-pillar schemes basic conditions could be laid down to govern the EU-wide transferability of employee-financed occupational pensions;
Amendment 108 #
2010/2239(INI)
Draft opinion
Paragraph 11 l (new)
Paragraph 11 l (new)
11l. Notes that less than 60% of all EU citizens are insured under second-pillar additional retirement pension schemes, but that the importance of the second pillar in the area of pensions has been recognised, and that the second pillar must be developed further, since it represents a means of organising additional capital-based retirement pension provision in an efficient and cost- effective way;
Amendment 109 #
2010/2239(INI)
Draft opinion
Paragraph 11 m (new)
Paragraph 11 m (new)
11m. Is opposed to a European agency or regulatory authority for occupational pensions, as the subsidiarity principle must be strictly adhered to, which precludes European supervision and control;
Amendment 110 #
2010/2239(INI)
Draft opinion
Paragraph 11 n (new)
Paragraph 11 n (new)
11n. Calls for occupational pensions provided voluntarily by companies to be exempted from EU minimum standards in order to prevent their reduction or elimination and to protect the interests of employees;
Amendment 114 #
2010/2239(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes the view that, given the structural differences in pension systems and differences in performance targets between the Member States, there can be no single market for occupational pensions in the European Union;
Amendment 116 #
2010/2239(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 125 #
2010/2239(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 132 #
2010/2239(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that a thoroughgoing reform of the Pension Fund (IORP) Directive (2003/41/EC) is currently neither necessary nor appropriate, since the framework governing cross-border activity established by the directive is entirely adequate; no dramatic increase in worker mobility between Member States is likely; most IORPs are active at national level as welfare schemes run by individual firms;
Amendment 133 #
2010/2239(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Takes the view that the Pension Fund (IORP) Directive (2003/41/EC) should be revised only once the Member States have gained sufficient experience with its application; in addition, any revision should be carefully thought-out, since there is a danger of placing an excessive burden on IORP providers and institutions; at present the only improvement required is a clarification of the definition of ‘cross-border activity’, which is interpreted in different ways by some Member States;
Amendment 134 #
2010/2239(INI)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Emphatically opposes any move to bring firms’ in-house welfare benefit schemes, for example ‘book reserve schemes’, within the scope of the IORP Directive, on the grounds that they do not constitute financial market products; the application of IORP rules would lead to a huge increase in costs and, as a result, to the abolition of firms’ in-house schemes, a development which cannot be in the interests of employees and is blatantly at odds with the aim of strengthening retirement pension provision;
Amendment 135 #
2010/2239(INI)
Draft opinion
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Emphasises that the Pension Fund (IORP) Directive (2003/41/EC) must maintain confidence in pension promises predating the new law, so that there must no ex post tightening up of the rules on own capital and other supervisory provisions, as this would pose a threat to the existence of voluntary occupational retirement pension schemes; pension commitments should not fall within the scope of the pension fund directive, since no payments are made to external pension funds and, in the event of insolvency, national safeguard mechanisms take effect;
Amendment 140 #
2010/2239(INI)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 155 #
2010/2239(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Is firmly convinced that the Solvency II rules governing life assurance must not be applied to IORPs (e.g. pension funds), since such systems are not financial institutions, life insurance undertakings or traditional investment funds, but rather employer-funded voluntary welfare schemes which are not intended to generate a profit, in respect of which the social partners have far-reaching codetermination powers, and which are already secured against insolvency by special protection and guarantee systems (such as the Pension Guaranty Association in Germany and Luxemburg), as proven by the stress test constituted by the financial crisis; applying the Solvency II rules to IORPs would increase costs by 40 to 60%;
Amendment 156 #
2010/2239(INI)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Opposes the establishment of a European guarantee fund, on the grounds that such a system cannot take proper account of specific national characteristics and differences between countries;
Amendment 157 #
2010/2239(INI)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 165 #
2010/2239(INI)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 175 #
2010/2239(INI)
Draft opinion
Paragraph 19
Paragraph 19
Amendment 182 #
2010/2239(INI)
Draft opinion
Paragraph 20
Paragraph 20
Amendment 196 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 200 #
2010/2239(INI)
Draft opinion
Paragraph 23
Paragraph 23
Amendment 229 #
2010/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, in view of demographic trends and the need to ensure that pensions can be paid for, it is necessary for more people to participate in the labour market and to do so for longer; observes that life expectancy is growing and calls on Member States to cons; rejects, however, an automatic adjustment mechanism in the form of a (Europe-wider) linkingage of the statutory retirement age to life expectancy, as the retirement age must always be judged in the light of the social and labour-market situation in a particular Member State;
Amendment 244 #
2010/2239(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it impossible and counterproductive to set a uniform retirement age at European level, as such an age is very dependent on specific circumstances in the individual Member States; stresses instead that unemployment, which has risen substantially in many Member States, must be combated effectively;
Amendment 323 #
2010/2239(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the growing importance of mobility on national labour- market mobility in the EU, as well as the need for such mobilitys, as well as the need for such mobility, but notes that at European level this is a factor of relatively minor importance, which therefore cannot be cited by way of justification of the introduction of EU minimum standards for occupational pensions, particularly bearing in mind that EU minimum standards jeopardise the survival of voluntary occupational pension schemes in some Member States;
Amendment 329 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Firmly opposes new EU legal provisions which call into question voluntary occupational pension schemes or hamper their continuation; observes that these schemes are not, after all, financial market schemes but a form of voluntary social provision by employers, not based on any intention of making a profit, which is immune from insolvency thanks to national rules and systems (such as the pensions insurance association in Luxembourg and Germany);
Amendment 336 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Expressly opposes EU minimum standards for the acquisition and preservation of occupational pension entitlements if the occupational pensions have been financed by the employer; rejects in particular any reduction of, or prohibition on, periods in relation to which occupational pension entitlements no longer lapse when an employee changes employer; observes that both would increase costs by up to 30%, which would mean an end to the occupational pension schemes voluntarily financed by businesses, which cannot be in the interests of employees either; observes that in Germany alone, such voluntary schemes have a total volume of more than €450 billion;
Amendment 340 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Stresses that employer-financed occupational pensions are primarily instruments of loyalty to the business and serve to retain employees; notes that, due to demographic change and the associated substantial reduction in the availability of labour, occupational pensions, which are already of great significance, will become even more so throughout Europe; notes that, in Germany alone, 65% of all employees are already affiliated to occupational pension schemes;
Amendment 341 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Stresses that the Pension Funds Directive must protect legitimate expectations in the form of pre-existing commitments, so that it is not acceptable for the requirements relating to capitalisation and other supervisory aspects to be retrospectively rendered more stringent; stresses that this would jeopardise the survival of voluntary occupational old-age pension schemes; observes that direct commitments have no place within the scope of the Pension Funds Directive, as no payments are made to external pension funds and as national safety mechanisms operate in the event of insolvency;
Amendment 342 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Stresses that a vesting period of at least five years must apply to employer- financed occupational pensions, as they solely constitute an instrument to bind employees and reward loyalty to the business;
Amendment 343 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22f. Observes that EU rules on transferability of occupational pensions may only apply to pension systems with full capital cover, while systems financed by liability reserves and other systems without full capital cover must continue to be excluded from transfer;
Amendment 344 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 g (new)
Paragraph 22 g (new)
22g. Calls for a Commission study on the extent of cross-border labour mobility;
Amendment 345 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 h (new)
Paragraph 22 h (new)
22h. Calls for investigation into whether pensions insurance associations, such as those that exist in Luxembourg and Germany to safeguard second-pillar pensions in the event of insolvency, can be recommended to other Member States as security models and best practice;
Amendment 346 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 i (new)
Paragraph 22 i (new)
22i. Calls on the Commission to commission an impact assessment analysing the additional costs entailed in the Member States through the introduction of EU minimum standards and the standardisation of aspects of second-pillar provision (e.g. vesting period changes, new indexation arrangements and the inclusion of direct commitments within the scope of the Pension Funds Directive);
Amendment 347 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 j (new)
Paragraph 22 j (new)
22j. Notes that the structural differences between pension systems and differing performance targets in the Member States rule out any EU internal market for pensions or occupational pensions;
Amendment 348 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 k (new)
Paragraph 22 k (new)
22k. Firmly rejects the inclusion within the scope of the IORP Directive of any form of in-company social cover, e.g. ‘book reserve schemes’, because such schemes do not constitute financial market products; emphasises that applying IORP provisions would generate huge cost increases, thus leading to the abolition of in-company schemes – an outcome which cannot be in the interests of employees and which is glaringly at odds with the political aim of improving pension provision;
Amendment 349 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 l (new)
Paragraph 22 l (new)
22l. Calls for companies’ voluntary occupational pension schemes to be exempt from EU minimum standards in order to prevent their curtailment or abolition and to protect employees’ interests;
Amendment 352 #
2010/2239(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that while, in the first pillar, pension entitlements are governed by the relevant coordinating Regulation, but that, for and, in relation to second-pillar pensions, arrangements are needed to ensure portabilitfor the EU-wide capital transferability of employee-financed occupational pensions are desirable, proposals to make employer-financed pensions portable should be rejected as unnecessary;
Amendment 358 #
2010/2239(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 359 #
2010/2239(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that, because of the diversity and complexity of the various second-pillar systems, conditions need tocould be laid down concerning the portability of acquired pension entitlements in the sense that portability begins when new contracts are concluded, an application for transfer being approved only if the actuarial sum transferred is to be placed in a fund whose purpose is payment of old-age pensions; considers that tax must be calculated and paid in the Member State where the entitlements have been accumulatedEU-wide transferability of employee-financed occupational pensions;
Amendment 374 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States, while fewer than 60% of all EU citizens are covered by supplementary second-pillar pension schemes, the importance of second-pillar pension provision has been recognised, and that it must also be ensured that such provision meets European conditions and criteria applicable to second-pillar provision in many Member States, and that the second pillar needs to be further developed because it provides a context for the efficient and cost-effective organisation of supplementary capital- covered pension schemes;
Amendment 397 #
2010/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to investigate how employees’ right to participate in the second pillar can be facilitated and to make proposals for developing such a pillar where it does not yet exist;
Amendment 418 #
2010/2239(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 423 #
2010/2239(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Opposes the establishment of a European agency or supervisory authority for occupational and other pensions, as these are policy areas in which the principle of subsidiarity must be strictly observed, thus ruling out European supervision and control;
Amendment 32 #
2010/2205(INI)
Motion for a resolution
Recital I
Recital I
I. whereas there are strong voices stating that corporate social responsibility (CSR) codes do not sufficiently guarantee that actions and behaviour of multinational companies are in accordance with the non-binding CSR documentmany businesses shoulder their corporate social responsibility and seek to ensure compliance with social and environmental standards within their sphere of influence, for example by acceding to the UN Global Compact or participating in voluntary industry initiatives,
Amendment 40 #
2010/2205(INI)
Motion for a resolution
Recital J
Recital J
Amendment 68 #
2010/2205(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that no directive regulating CSR and enforcing respect for it should be adopted at EU level; observes, however, that activities to promote CSR at EU level and to exchange tried and tested procedures should be stepped up, particularly in the case of SMEs;
Amendment 124 #
2010/2205(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that CSR is a useful, albeitnd non-binding form of behaviourcommitment on the part of multinational companies; recommends, further and more, targeted developmentpromotion of CSR through, inter alia, the ISO 26000 Standard, the UN Global Compact or the OECD Guidelines for Multinational Enterprises;
Amendment 53 #
2010/2138(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Stresses that it rejects compulsory quotas for numbers of women on businesses’ management boards and supervisory boards;
Amendment 54 #
2010/2138(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Emphasises that the family is the cornerstone of our society and is inherently associated with the transmission of values and with cooperation in a spirit of solidarity; emphasises too that work and family life must be rendered compatible in all the Member States through the provision of affordable, high-quality care and education for young children;
Amendment 57 #
2010/2138(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Considers that flexible working hours and job-sharing contribute to compatibility between family life and work for men and women;
Amendment 59 #
2010/2138(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6k. Is convinced that a sense of identification, participation on an equal footing and responsibility are prerequisites for successful integration and that integration can work only where immigrants are prepared to adapt and locals are receptive; consequently opposes all forms of forced marriage;
Amendment 23 #
2010/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 107 #
2010/2074(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and Basel Committee to reconsider the scope of the deduction of investments in financial institutions to avoid serious unintended impacts which would prevent market making and liquidity in financial services shares;
Amendment 108 #
2010/2074(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is concerned about the pro-cyclical effects of deducting Deferred Tax Assets (DTAs) from Tier 1 capital, particularly DTAs based on timing differences between tax and accounting systems;
Amendment 124 #
2010/2074(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Basel Committee and the Commission to ensure that, in consolidated capital calculations, both risk and capital are taken into account in a balanced manner (i.e. minority interest); understands that the objective is to prevent artificially high minority stakes in low risk subsidiaries. Proposes the recognition of full Risk Weighted Assets (RWA), with minority interest being included in regulatory capital up to a ceiling based on a) the overall group capital ratio, or b) a pre-determined regulatory ratio. To the extent that the minority interest exceeds the threshold, the excess would not be available for regulatory capital recognition;
Amendment 127 #
2010/2074(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises the important role contingent capital played during the crisis; calls on the Commission and Basel Committee to recognise the role of flexible contingent capital in crisis situations and to monitor market acceptance of convertible instruments;
Amendment 128 #
2010/2074(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges the Commission and Basel Committee to reconsider the role of hybrid capital in Tier 1 capital given the need for a broader investor base, and the already strict regulatory criteria around approval for exercising a call right in “innovative hybrids”;
Amendment 135 #
2010/2074(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers developing high quality liquidity standards to be a key part of the crisis response; however, is concerned that economic repercussions of not getting the liquidity elements of the framework right are far higher than for the capital elements and calls on the Commission and Basel Committee to be cautious in the timing and the harmonised implementation of the framework;
Amendment 143 #
2010/2074(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Urges the Basel Committee and Commission to reconsider the calibration of the liquidity and funding ratios; is concerned that the level of conservatism and proposed calibration of the proposed liquidity framework will significantly reduce banks’ ability to perform maturity transformation and would require an excessive increase in banks’ liquidity buffers in Europe;
Amendment 157 #
2010/2074(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is concerned about the unintended consequences likely to arise from the requirement to hold high levels of government bonds;
Amendment 209 #
2010/2074(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Is concerned that the current proposals ignore commonly applied netting rules and consequently greatly exaggerate the asset side of the balance sheet for many banks creating an unlevel playing field;
Amendment 220 #
2010/2074(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission and Basel Committee to avoid setting a specific timeframe for migration of the leverage ratio to Pillar 1 from Pillar 2 so that the potential effects of that move can be monitored through a sufficiently long period in the economic cycle;
Amendment 237 #
2010/2074(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is deeply concerned that the current design of the proposals around the capital charges for credit valuation adjustments (CVA) would have a severe impact on SMEs in Europe because of the limitation of hedging recognition to liquid hedges;
Amendment 40 #
2010/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the points of single contact should be used as information centres for issues related to the directive, in particular regarding applicable labour law and workers’ rights and, with regard to areas excluded from the scope of the directive, should provide information on competent, expert bodies, thus pointing people in the right direction; the European Parliament rejects the idea of points of single contact providing detailed in force under the directivemation or even advice on labour or social law, for the simple reason that complex issues of liability would arise if any false information was provided;
Amendment 46 #
2010/2039(INI)
Motion for a resolution
Recital L
Recital L
Amendment 103 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employmenthigh-quality jobs with rights, fair wages, decent pensions and an adequate income for everyone;
Amendment 145 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Union as a means to prevent poverty and guarantee social justice and equal opportunities for allevery individual whose need can be established on the basis of the relevant regional yardstick, without calling into question the specific situations in each Member State;
Amendment 4 #
2010/2027(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to CEDEFOP publications on "Innovative learning measures for older workers"1, on "Working and ageing. Emerging theories and empirical perspectives"2, on "Modernising vocational education and training. Fourth report on vocational education and training research in Europe: Synthesis report"3 and on "Skills supply and demand in Europe. Medium- term forecast up to 2020"4, 1 Cedefop Panorama Series, 159. Luxembourg, Publications Office of the European Union, 2008. 2 Luxembourg, Publications Office of the European Union, 2010. 3 Cedefop Reference Series. Luxembourg, Publications Office of the European Union, 2009. 4 Luxembourg, Publications Office of the European Union, 2010.
Amendment 24 #
2010/2027(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the proportion of people aged over 60 in the EU will rise faster than ever before, with the greatest increase expected between the years 2015 and 2035, when this age group will grow by two million each year,
Amendment 81 #
2010/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that flexisecurity contributes to more open, responsive and inclusive labour markets and can ease the transitions between the various stages of people’s working lives, provided thatin particular when it is based on solidarity between the generations and takes the concerns and needs of all age groups into account; notes that flexisecurity also involves comprehensive lifelong learning strategies and up-to-date, appropriate and sustainable social security systems;
Amendment 250 #
2010/2027(INI)
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36c. Calls on the European Commission and the Member States to define the core content of services of general interest and the contribution which citizens can, must and want to make on a voluntary basis;
Amendment 251 #
2010/2027(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Involvement in society Takes the view that every individual should have the chance and opportunity to become engaged with society; stresses nevertheless that social engagement must always remain a voluntary commitment;
Amendment 252 #
2010/2027(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Stresses that in view of the demographic trend the guiding principle of an active civil society is gaining ever greater weight, making it necessary to reappraise the relationship between citizens and the state in the exercise of duties in society;
Amendment 40 #
2010/2018(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 44 #
2010/2018(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that an EU target for minimum pay of at least 60% of indicative average pay is impractical in many Member States, and recommends that Member States consider introducing sectoral minimum wages, as these could be set in the light of the situation and structures which exist in each particular sector; stresses, however, that sectoral minimum wages require the involvement of the social partners, as they will ensure that the minimum wages which are set accord with the situation in the sector;
Amendment 48 #
2010/2018(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls onTakes the view that at present there is no reason for the Commission to include such sectors as health work, caring, hotel work, catering and domestic services in the Posting of Workers Directive, as Article 3(10), second indent, of that Directive describes compliance with the subsidiarity principle as an essential principle guiding the rules on posting of workers; considers therefore that Member States have a duty to take appropriate action where that is necessary at national level.
Amendment 1 #
2010/2016(INI)
Draft opinion
Recital A
Recital A
A. whereas Parliament has stressed several times that the independence of impact assessments is a guarantee for theirlegislation quality, and has repeatedly asked that they be made subject to external, independent scrutiny,
Amendment 2 #
2010/2016(INI)
Draft opinion
Recital B
Recital B
B. whereas the Impact Assessment Board (IAB) is considered by the Commission to be independent although it is under the authority of the President of the Commission and is composed of high-level officials from several DGs and chaired by the Deputy Secretary-General; whereas this leads to an information bias and thus to a violation of necessary neutrality,
Amendment 3 #
2010/2016(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the impact assessment process must be subject to independent and external quality control;
Amendment 4 #
2010/2016(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that an independent quality- control process in combination with cost- benefit-analysis should evaluate, inter alia, the necessity of an impact assessment, taking into account its costs and the delays to legislation and policies that it causes;
Amendment 33 #
2010/2010(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is firmly convinced that market-economy-based environmental policy can become the engine of growth and employment in all branches of the economy, and stresses that predictable, investment-friendly framework conditions are the basis that will allow innovative businesses to make the best possible use of these opportunities for the benefit of the environment and of employees;
Amendment 36 #
2010/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the adoptionIs convinced that ‘green jobs’ must not be a mere appendage, but that business and society as a whole must be sustainably organised; is aware that there is no branch of the economy that can be separated off and called ‘environmental protection’ or the ‘environment industry’, since the activity of environmental protection ties in with many traditional sectors such as the manufacturing industries, the construction industry and the service industries; calls, therefore, for the adoption, as an initial working definition, of the ILO’s definition , according to which all jobs which promote sustainable development are green jobs; points out that the definition includes, firstly, jobs which directly reduce consumption of energy and resources, protect ecosystems and biodiversity and minimise waste production and air pollution and, secondly, all jobs which reduce the environmental footprint; recognises that, owing to the relative nature of the definition, the job potential cannot be definitively determined;
Amendment 44 #
2010/2010(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that European businesses’ powers of innovation have made them into world leaders in the area of environmental protection; is concerned, however, that manufacturing activities are still being extensively relocated from the EU to third countries which have much lower environmental standards; calls on the Commission and the Member States to combat this phenomenon promptly and vigorously by working on a worldwide, multilateral approach which ensures that global competition is based on comparable requirements;
Amendment 57 #
2010/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the EU, the Member States and the social partners to fight discrimination and promote gender equality in a sustainable economy, to create work environments that attract and retain women in these sectors, and to reduce gender- based job segmentation and wage gaps and establish a quota for women on company boards of 40%;
Amendment 70 #
2010/2010(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that, owing to the often low level of organisation of employees and of employers in new sectors, there can be a risk of precarious employment relationships and baless good working conditions is great; calls on the EU and Member States to create framework conditions for establishing representative bodies in new sectors; invites the Commission to promote EU- wide exchange of best practice examples;
Amendment 80 #
2010/2010(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CIs aware that the introduction of additional award criteria leads to heavy administrative burdens for businesses; calls on the EU and Member States, therefore, to link public aid for new production sectors more closely to minimum social standards and the creation of representative bodies, such as works councils and trade associations, in futureonly where this is strictly necessary;
Amendment 99 #
2010/2010(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States and social partners to establish quotas, targeted recruitment schemes, specialised apprenticeships and training initiatives for women;
Amendment 33 #
2010/2008(INI)
Motion for a resolution
Recital F
Recital F
F. having regard to the decades-old misjudgmentview that derivatives need very little regulation chiefly because they are used by experts and specialists,
Amendment 89 #
2010/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Backs the call for the compulsory introduction of independent clearing between financial institutions for all standardised derivatives, so as to ensure better assessment of counterparty credit risk, and backs the aim of trading as many standardised derivatives as possible, in future, on organised markets;
Amendment 105 #
2010/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that individually negotiated derivatives are required to hedge special risks and therefore opposes the compulsory standardisation of all derivatives;
Amendment 125 #
2010/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinionNotes that, through clearing arrangements and by adjusting capital requirements, counterparty credit risk can be reduced for contracts clearedailor-made OTC derivatives cannot be standardised and therefore supports the ceontrally via central counterparty clearing facilities (CCPs) and non-centrally clearedinued practice of bilateral settlement between countracts; backs the Commission in proposing higher capital requirements for financial institutions in the case of bilateral contracts, provided that central clearing is dispensed witherparties involving the use of collateral against default risk and the risk of contract value changes, as well as higher capital requirements;
Amendment 137 #
2010/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Backs the Commission in its intention to confer responsibilities for authorising European and third-country clearing houses on the European Securities and Markets Authority (ESMA) and calls, in this context, for this work to be carried out by qualified experts and trained staff;
Amendment 204 #
2010/2008(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls, as a matter of priority, for credit default swaps to be made subject to independent central clearing and, if necessary,taking each case on its individual merits, carefully checked to establish whether individual types of derivative with cumulative risks should only be conditionally authorised or even, on a case- by-case basis, prohibited;
Amendment 17 #
2010/0380(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 883/2004
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
Amendment 29 #
2010/0380(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
Regulation (EC) No 987/2009
Article 14 a – paragraph 5 a – subparagraph 2
Article 14 a – paragraph 5 a – subparagraph 2
Amendment 151 #
2010/0250(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In determining the eligibility of any class of derivatives for clearing, relevant bodies should take into account the specific nature of these instruments. For certain classes of derivatives, the overriding risk may relate to settlement risk, for example for certain foreign exchange transactions due to the short dated nature of these transactions and the delivery of principle. These risks are addressed through separate infrastructure, which has the impact of significantly reducing the key systemic risk in these transactions and sets them apart from other classes of derivatives
Amendment 349 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point b a (new)
Article 4 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) the impact on the level of settlement risk;
Amendment 352 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point c
Article 4 – paragraph 3 – subparagraph 1 – point c
(c) the availability of pricing information;
Amendment 357 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point d
Article 4 – paragraph 3 – subparagraph 1 – point d
(d) the ability of the CCP to handle the volume of contracts;
Amendment 363 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point e
Article 4 – paragraph 3 – subparagraph 1 – point e
(e) the level of client protection provided by the CCP.
Amendment 368 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 388 #
2010/0250(COD)
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2
Article 4 – paragraph 6 – subparagraph 2
The details in paragraph 4 shall at minimum correctly and unequivocally identify the class of derivatives subject to the clearing obligation. The specification of the criteria referred to in paragraph 3 may determine that the clearing obligation in Article 3(1) shall not apply to particular classes of foreign exchange derivative contracts where the predominant element of counterparty credit risk relates to settlement risk, and where such risk is already addressed by existing infrastructure arrangements.
Amendment 59 #
2010/0242(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) 2012 was to be designated European Year for Active Ageing and Intergenerational Solidarity, as specifically called for by the European Parliament in committee debates and in its resolution of 11 November 2010 on the demographic challenge and solidarity between generations, the final outcome of which was an official proposal from the EU Commission to announce the designation of this European year.
Amendment 66 #
2010/0242(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) In its resolution of 11 November 2010 on the demographic challenge and solidarity between generations, the European Parliament expressly welcomed the fact that many voluntary organisations had declared 29 April a day of Solidarity between Generations. In addition, it urged the Commission to draw up a recommendation that 2012 be designated European Year of Active Ageing and Intergenerational Solidarity, highlighting the contribution of older people to society and seeking ways of involving younger and older people in joint initiatives.
Amendment 77 #
2010/0242(COD)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
(14a) In its resolution of 11 November 2010 on the demographic challenge and solidarity between generations, the European Parliament warned that birth rates in the Member States had remained low for a number of decades, a situation which, if not tackled in a timely manner, would place a heavy burden on rising generations and lead to conflict over burden sharing. Given the urgency of this matter, exceptionally high budget appropriations should be earmarked for the European Year of Active Ageing and Intergenerational Solidarity, a realistic example being 2010, for which the European Union made available €17m, of which €9m were earmarked for initiatives in the Member States, the latter having committed a further €9m for this purpose.
Amendment 93 #
2010/0242(COD)
Proposal for a decision
Article 1
Article 1
The year 2012 shall be designated as the European Year for Active Ageing and Solidarity between Generations (hereafter referred to as ‘the European Year’).
Amendment 129 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) together with the aims set out by the European Parliament in its report of 6 October 2010 on solidarity between generations: – to enhance older people’s dignity, health, quality of life, and autonomy; – to allow them equal access to health care regardless of income; – to highlight in particular the health risks for people who suddenly cease being active; – to emphasise prevention of health problems, which requires the Member States to support healthy lifestyles and take appropriate measures to reduce smoking, alcohol misuse, obesity and other major health risks.
Amendment 151 #
2010/0242(COD)
Proposal for a decision
Article 3 a (new)
Article 3 a (new)
Article 3a Financial framework and budget The European Union shall provide a budget of EUR 20 million for the European Year for Active Ageing and Solidarity between Generations, of which EUR 10 million shall be reserved for activities in Member States, which undertake to contribute a further EUR 10 million.
Amendment 106 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. To ensure appropriate working conditions and prevent wage dumping, Member States shall have the right to reject applications if the terms of employment do not match those which apply to Member State nationals who are comparable workers in seasonal sectors.
Amendment 121 #
2010/0210(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Employers shall not be obliged to defray travel or visa expenses of third- country national seasonal workers.
Amendment 152 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point b
Article 16 – point 2 – point b
(b) provisions in national laws regarding the branches of social security as defined in Article 3(1)(a) to (i) of Council Regulation (EC) No 883/2004; family benefits shall be excluded from equal treatment, since the aim of the Member States must be primarily to support families who are residing in the EU in the long term;
Amendment 35 #
2010/0209(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. In the process, there must be mandatory compliance, in respect of both citizens of the Union and third-country nationals, with national minimum pay levels and minimum standards of the state of employment (place-of-employment principle).
Amendment 48 #
2010/0209(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Intra-corporate transferees shouldThe provisions of the Posted Workers Directive (96/71/EC) shall apply in full to intra-corporate transferees. Intra- corporate transferees from third countries must benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. That requirement is intended to protects workers and guarantees fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage. In particular, the minimum- pay provisions and minimum conditions of the host Member State of employment must apply in all instances to intra- corporate transferees from third countries (place-of-employment principle). The minimum terms and conditions under Article 3 of the Posted Workers Directive are binding on all undertakings and intra- corporate transferees regardless of where undertakings’ head offices are located or transferees are resident.
Amendment 55 #
2010/0209(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Unless this condition conflicts with the principle of Union preference as expressed in the relevant provisions of the Acts of Accession, no labour market test should be required, since this criterion would be in contradiction with the purpose of setting up a transparent and simplified scheme for admission of intra-corporate transferees. The sole exceptions are construction and craft trades, including related economic activities under NACE codes F, N81.21 and N81.22. For them, Member States may carry out labour market tests.
Amendment 62 #
2010/0209(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3(1)(a) to (i) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 74 #
2010/0209(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) third-country nationals carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of services in accordance with Directive 96/71/EC. However, the Posted Workers Directive (96/71/EC) shall apply in full to posted third-country nationals carrying out construction and craft trade activities, including related economic activities under NACE codes F, N81.21 and N81.22. This Directive shall not apply to those NACE sectors.
Amendment 84 #
2010/0209(COD)
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; the transfer shall not be permanent;
Amendment 102 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level ofer education qualification referring to a type of work or trade requiring specific technical knowledge; for a specialist, a higher education qualification means any degree, diploma or other certificate issued by a competent authority. The higher education qualification shall have been obtained upon completion of a higher education programme of at least three years’ duration at an officially recognised higher education institution. In addition to a higher education qualification, at least five years’ relevant professional experience at a level comparable to a higher education qualification shall be required. A specialist shall establish that, for the duration of the transfer, his/her earnings are at least equal to the usual average gross earnings in the relevant sector in the country of assignment. Should he/she be transferred on to another country of assignment, this shall be established in respect of that country too. Average gross earnings for the year preceding the transfer, as recorded by the competent national authorities, shall be the basis for this. Should that not yet be known, the relevant earnings for the year preceding that year may be used as the basis.
Amendment 109 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the company; graduate trainees are not employees for whom social security contributions are compulsory. Member States shall ensure that employers do not make improper use of trainees to perform duties carried out by ordinary staff;
Amendment 126 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, thehigher education qualifications needed for a type of work or trade requiring specific technical knowledge in the position of manager or specialist. For a specialist, a higher education qualification means any degree, diploma or other certificate issued by a competent authority. The higher education qualification shall have been obtained upon completion of a higher education programme of at least three years’ duration at an officially recognised higher education institution. In addition to a higher education qualification, at least five years’ relevant professional experience at a level comparable to a higher education qualification shall be required. A specialist shall establish that, for the duration of the transfer, his/her earnings are at least equal to the usual average gross earnings in the relevant sector in the country of assignment. Should he/she be transferred on to another country of assignment, this shall be established in respect of that country too. Average gross earnings for the year preceding the transfer, as recorded by the competent national authorities, shall be the basis for this. Should that not yet be known, the relevant earnings for the year preceding that year may be used as the basis. A graduate trainee shall provide evidence that he or she has a higher education qualifications required;
Amendment 158 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State toin which they have been admitted pursuant to this Directiveare currently working (place-of- employment principle).
Amendment 172 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3(1), points (a) to (i) of Regulation (EC) No 883/04. Family benefits shall be excluded from equal treatment, since the aim of the Member States must be primarily to support families who are residing in the EU in the long term. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly;
Amendment 183 #
2010/0209(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(ea) study, training and further training grants shall be excluded from equal treatment.
Amendment 275 #
2010/0207(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The contributions to Deposit Guarantee Schemes referred to in Article 9 shall be determined for each member on the basis of the degree of risk incurred by it. Credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute. Member States may decide that members of Schemes referred to in Article 1(3) and (4) pay lower contributions to Deposit Guarantee Schemes but not less than 37.5% of the amount that a bankcredit institution with an average risk would have to contribute.
Amendment 309 #
2010/0207(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. If a credit institution is not able to determine the covered deposits of its customers, its individual contributions are calculated on the basis of eligible deposits.
Amendment 47 #
2010/0160(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) In order to reinforce competition between credit rating agencies, to help avoiding possible conflicts of interest under the issuer-pays model, which are particularly virulent regarding the rating of structured finance instruments, and to enhance transparency and the quality of ratings for structured finance instruments, registered or certified credit rating agencies should have the right to access a listbe able to access detailed information ofn structured finance instruments that are being rated by their appointed competitors. The information for this rating should be provided by the issuer or a related third party for the purpose of the issuance of unsolicited competing ratings on structured finance instrument in order to be in a position to provide unsolicited ratings. The issuance of such unsolicited ratings should promote the use of more than one rating per structured finance instrument. Access to the websites should only be granted only if a credit rating agency is able to ensure the confidentiality of the requested information.
Amendment 64 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1060/2009
Article 8 a – paragraph 2 – introductory part
Article 8 a – paragraph 2 – introductory part
2. Where other credit rating agencies registered or certified according to this Regulation request access to the information referred to in paragraph 1, they shall be granted access without delayunhindered access provided that they meet all of the following conditions:
Amendment 93 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The European Supervisory Authority (European Securities and Markets Authority) shall inform the European Supervisory Authority (European Banking Authority) and the European Supervisory Authority (European Insurance and Occupational Pensions Authority) before taking the decisions referred to in points (a), (b) and (c) of paragraph 1 which fall within their remit.
Amendment 122 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 d – paragraph 1
Article 36 d – paragraph 1
1. The Commission shall disclose to the public every fine and periodic penalty payment that has been imposed in according toance with Articles 36a and 36b unless such disclosure would seriously jeopardise financial market stability or cause disproportionate damage to the parties involved.
Amendment 16 #
2010/0073(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The planned extension of ESA 95 by means of this Regulation is overdue and urgent. The worldwide shortage of resources means, however, that this extension of the accounting system can be no more than a first step towards an internationally recognised system of ‘European sustainability statistics’ (ESS) which, as a priority, must include the full range of environmental and social indicators alongside economic indicators.
Amendment 18 #
2010/0073(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) A scientifically sound approach to the shortage of resources and to the ecosystem will, in future, be crucial to the sustainable economic development of the European Union.
Amendment 25 #
2010/0073(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In order for this Regulation to contribute to building a system of ‘European sustainability statistics’ (ESS) providing a comprehensive overview of European interests of environmental relevance, the Commission shall develop indicators for measuring the sustainable environmental conditions, on such issues as: (a) traffic-related matters; (b) environment-related matters; (c) economic matters; (d) social matters.
Amendment 6 #
2009/2222(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Unequivocally rejects EU framework legislation on services of general interest;
Amendment 26 #
2009/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that SSGI and their users have a number of special characteristics in addition to the common characteristics of SGI. SSGI encompass, in addition to health services, both statutory and complementary universally available services, provided directly to the person, that play a preventative and social cohesion and inclusion role and make tangible fundamental social rights; whether services are considered to be SSGI or SGI must be decided in each case by the competent national or local authorities, since a clear distinction between the various types of service is in fact impossible and structures in Member States vary very considerably; Europe- wide definitions would therefore mean encroaching upon the subsidiarity principle;
Amendment 36 #
2009/2222(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Rejects emphatically the idea of EU framework legislation for social services of general interest;
Amendment 38 #
2009/2222(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that, in respect of SSGI, the subsidiarity principle must take precedence over internal market rules;
Amendment 39 #
2009/2222(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that, as a matter of principle, responsibility for decisions on designing, funding and delivering social services of general interest (SSGI) must lie with Member States and local authorities; respects and supports this principle and urges the European institutions also to espouse this position;
Amendment 41 #
2009/2222(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that access to SSGI must be regulated by the competent authorities in Member States; they shall decide whether and to what extent access can be universal and independent of wealth or income, and are not only for vulnerable users;
Amendment 61 #
2009/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the fact that SSGI make a major economic contribution in terms of jobs, economic activity and purchasing power – the Commission’s second Biennial Report indicating that the health and social services sector accounts for 5% of economic output and employs 21.4 million people – and that SMEs in particular are reliant on high quality SSGI; considers that the economic importance of SSGI does not, however, justify applying internal market rules to them;
Amendment 66 #
2009/2222(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that national, regional and local authorities have a key role to play in organising, funding and designing social services;
Amendment 69 #
2009/2222(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the primaryusual purpose of SSGI is to achieve social policy objectives and make tangible the social rights of individuals and groups and that SSGI are often an integral part of social security systems; points out that Eurofound Quality of Life Surveys have verified that one of the most important ways of enhancing citizens’ quality of life, ensuring full inclusion in society and providing for social and territorial cohesion is through the provision and development of SGI including SSGI;
Amendment 79 #
2009/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that experience demonstrates that the profit maximisation objective of commercial providers of SSGI conflicts with the principles and objectives of SSGIcompetition between the various SSGI providers can lead to lower prices, better quality and greater choice; emphasises, however, that competition in some circumstances conflicts with the principles and objectives of SSGI; takes the view that each case must therefore always be considered separately;
Amendment 122 #
2009/2222(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. BelievesTakes the view that for the delivery of quality SSGI requires Member State governments to ensure a, an adequate financial framework for SSGIis necessary, which guarantees continuity of services and stable financing, as well as decent incomes and working conditions and training for those delivering the services;
Amendment 140 #
2009/2222(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes there is a broad European consensus that SSGI are essential to the well-being of our peoples and an efficient economy but that there is no agreement within or between the Commission and the Council on the implementation of practical measures to overcome identified obstacles to the delivery and development ofstrengthen SSGI;
Amendment 170 #
2009/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the 2005 Monti-Kroes response to the Altmark case to be broadenUrges that the de minimis threshold, at least for social security benefits, should initially be raised sto as to simplify the rules, improve flexibility in their application, and expand the derogations. The de minimis threshold should be raised to at least EUR 500 000 over a three-year cycle; t least EUR 500 000 over a three-year cycle; urges the Commission also, as a second step, to propose a system which takes into account GDP in calculating the de minimis threshold, so that a specific de minimis threshold can be calculated for each Member State; this would prevent distortions of competition caused by the existence of a uniform, EU-wide threshold;
Amendment 178 #
2009/2222(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 201 #
2009/2222(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in- house’ method to include service providers who meet specific general interest criteria; calls furthermore for recognition of tried and tested Member State procedures based on the principle that all providers which are able to comply with the conditions previously laid down by law should be permitted to provide services, irrespective of their legal form, provided that account is taken of the principles of equal treatment, non-discrimination and transparency laid down in primary law;
Amendment 215 #
2009/2222(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make: considers in particular that ‘economically advantageous’ should not automatically be interpreted as meaning ‘at the lowest price’; considers that national and local social and quality criteria for the delivery of SSGI should be an obligatory requirement in procurement contracts, including subcontracts;
Amendment 227 #
2009/2222(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a programme of reform, to include legislative adaptation and clarification at European level, to support the specific characteristics of SSGI; rejects, however, any amendment to European law or any European framework directive for SSGI;
Amendment 230 #
2009/2222(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the Social Protection Committee has made an important contribution to the understanding and role of SSGI, but that it is not sufficiently representative or transparent to be the driver of a reform programme;
Amendment 234 #
2009/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 241 #
2009/2222(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 250 #
2009/2222(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 258 #
2009/2222(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the VQF but insists that application of the principles must be monitored using the proposed quality criteria and that stakeholders must be included in the process;
Amendment 262 #
2009/2222(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 278 #
2009/2222(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that the VQF principles should be used to help define obligatovoluntary quality criteria for application to revised public procurement rules;
Amendment 57 #
2009/2220(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. (New) types of contract with one or more of the following characteristics are classified as ‘atypical’ employment: fixed term, part-time employment on 20 hours or less, temporary work, limited part-time employment. Atypical employment includes, for instance, part-time work, casual work, temporary work, work under fixed-term contracts, self-employment, independent working, home working and teleworking.
Amendment 76 #
2009/2220(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the priorities for labour law reform, where it is needed, should focus on: extension of the protection of workers in atypical forms of employment; the sustainable creation of normal employment relationships; clarification of the situation of dependent employment; action against undeclared work; and the facilitation of transitions between various situations of employment and unemployment;
Amendment 84 #
2009/2220(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages Member States to develop new modes of access to employment through the framing of new labour law provisions covering, for example, ‘distance working’, ‘specified-purpose’ contracts and ‘mission’ contracts; the Framework Agreement on Telework signed by the European social partners in July 2002 should be applied and taken into consideration here;
Amendment 93 #
2009/2220(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the increase in the proportion of non-standard or atypical contracts has a strong gender and intergenerational dimension, as women, older and also younger workers are disproportionately represented in non-standard employment; calls upon the Member States and the Commission to combat and monitor the imbalanceinvestigate the reasons for this trend, to take appropriate, targeted measures in the relevant areas to combat this imbalance, and to monitor the success of those measures;
Amendment 113 #
2009/2220(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Member States to develop active intervention policies giving workers who re-enter the labour market an entitlement to individual support during the period strictly necessary for them to become more employable through training and requalification; unemployed people should re-enter the labour market quickly even if their contracts are atypical, the most important consideration being to keep people in the labour market; workers’ entitlements must not, however, result in intolerable financial and bureaucratic burdens particularly for small businesses, whose staffing structure means that they cannot automatically release workers for (lengthy) further training;
Amendment 122 #
2009/2220(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon the Union and the Member States to eradicate illicit employment and believes that implementation of flexicurity strategies can help in fighting illicit employment and in making ‘very atypical’ forms of work less precarious;
Amendment 146 #
2009/2220(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that flexicurity is a labour market instrument that can be of particular benefit to highly trained workers who adapt relatively quickly to new situations and undergo further training, and points out that people who are disadvantaged on the labour market because of a lack of training or other limitations need special support if they are to make flexicurity work for them as a labour market instrument;
Amendment 156 #
2009/2220(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises that the demand for a high degree of flexibility at work should not reach a point where it excessively restricts people’s lives and development and where it makes it very difficult for them to establish and support a family, care for and look after relatives and participate in life in society;
Amendment 173 #
2009/2220(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in the context of modern work organisation, for the creation of flexible and secure contractual arrangements; is nevertheless believesfirmly convinced that employment contracts of an indefinite duration should stay the mainmust stay by far the main and most frequent form of employment, while also bearing in mind that some people prefer atypical contracts, especially for students or young people who need a diversity of experiencenew types of contracts, and calls on the Member States and the Commission to take appropriate steps to ensure that this is the case; recognises that the definition of the legal framework for employment contracts of an indefinite duration and how they are geared to the concept of flexicurity in national labour law is crucially important for their acceptance by businesses and employees;
Amendment 179 #
2009/2220(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CStrongly condemns the abusive replacement of regular employment with forms of atypical contracts that are at the expense of the general public, employees and competitors; stresses that such forms of contan abusive practice violates and could destabilise the European social model, and calls on the Member States and the Commission to use all necessary means to fight this abusive practice in the long term;
Amendment 200 #
2009/2220(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls upon the Member States to reinforce activation schemes, especially for the low-skilled, through personalised advice, intensive (re-)training of workers, subsidised employment and start-up grants for the self-employed and businesses; specifically emphasises, however, that this aid must be structured in such a way that regular jobs are not replaced;
Amendment 216 #
2009/2220(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that the formal recognition of the role of the social partners in the new Treaty constitutes progress, as it recognises their autonomy and reaffirms the importance of their support in promoting the social dialogue, and highlights here the particular importance of sectoral social dialogue, where 40 sectors are now represented;
Amendment 223 #
2009/2220(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls upon the national social partners to overcome reservations against ‘outsiders’ (employees with atypical or ‘very atypical’new types of contracts) and to balancetake equal account of their rights and social-protection requirements with those of ‘insiders’during negotiations;
Amendment 228 #
2009/2220(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls upon the social partners at European and national level to support investment in lifelong learning strategies and welcomes the ‘Framework of actions for the lifelong learning development of competencies and qualifications’ already negotiated by the social partners;
Amendment 235 #
2009/2220(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that the involvement of the social partners in policymaking and implementation varies widely across the Member States, but that generally the trend is towards the use of a wider mix of instruments to pursue policy objectives; believes that the quality of the social and institutional support which the social partners enjoy is probably the major determinant of the quality of their contribution; particularly stresses, however, that the quality of social dialogue varies greatly from country to country and from sector to sector, and strongly urges the social partners to develop a genuine ‘social partnership’ at all levels;
Amendment 34 #
2009/2219(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Demands that all future trade agreements provide for a ban on the exploitation of child labour, in particular in the extraction and processing of natural stone, and include a uniform European certification system which ensures that imported natural stone and natural stone products have been demonstrably produced along the entire value chain without the exploitation of childhood labour within the meaning of ILO Convention 182.
Amendment 3 #
2009/2090(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the average annual inflation rate was 3,3 %, peaking at 4,0 % in summer 2008, the highest rate recorded since the introduction of the euro, and whereas inflation has since fallen to negative rates in summer 2009ary pressures have now eased,
Amendment 12 #
2009/2090(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 15 #
2009/2090(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the ECB continued to respond to the financial crisis by assisting Member States in maintaining and extending its liquidity provisions to credit institutions; by means of prompt cuts in its key interest rates; notes that an interest rate of only 1% is unprecedented in the eurozone countries;
Amendment 21 #
2009/2090(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the fact that the ECB has broadened its normal approach to monetary policy and taken a number of special measures, such as gearing the provision of liquidity to actual demand and making liquidity available for longer periods;
Amendment 25 #
2009/2090(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Shares the ECB's view that banks must consolidate their balance sheets; regards the strengthening of the banks' own capital reserves as essential, therefore;
Amendment 40 #
2009/2090(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the steps taken by the ECB to detail an 'exit strategy' proposal from its monetary easing; insists that timing and policy coordination between Member States are essential in this regard; in that connection, welcomes the fact that most of these measures will automatically cease to apply if the economic situation steadily improves;
Amendment 51 #
2009/2090(INI)
Motion for a resolution
Paragraph 15 a (new) (before subheading "Governance and decision making")
Paragraph 15 a (new) (before subheading "Governance and decision making")
15a. Calls on all the Member States in the eurozone also to draw up specific exit and consolidation strategies;
Amendment 55 #
2009/2090(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Re-affirms its support for the quarterly monetary dialogue between Parliament and the ECB; adds that the dialogue is an important mechanism for scrutinising the workings of the ECB and contributing to its public accountability and transparency;
Amendment 56 #
2009/2090(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 164 #
2009/0144(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Authority should actively promote a coordinated CommunityEU supervisory response, in particular where adverse developments could potentially jeopardisensure the orderly functioning and integrity of financial markets or the stability of the financial system in the CommunityUnion. In addition to its powers for action in emergency situations, it should therefore be entrusted with a general coordination function within the European System of Financial Supervisorsand conciliation function. The smooth flow of all relevant information between competent authorities should be a particular focus of the Authority's actions.
Amendment 190 #
2009/0144(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning and the quality of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting protect investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the CommunityUnion law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
Amendment 206 #
2009/0144(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting protect investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination and (vi) preventing regulatory arbitrage and contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the CommunityUnion law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
Amendment 244 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point f a (new)
Article 6 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) collect necessary information concerning market participants and market structures in order to provide complete knowledge;
Amendment 248 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point f b (new)
Article 6 – paragraph 2 – subparagraph 1 – point f b (new)
(fb) Prohibit the trading of certain products or types of transactions to prevent major damage to the orderly functioning and integrity of financial markets, including investor protection issues, or the stability of the whole or part of the financial system in the Union;
Amendment 262 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards into complete and modify elements theat areas specifically set out in not essential to the legislationve acts referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsement. technical standards contribute to a common rulebook but do not represent strategic decisions and their content shall be limited by the legislation on which they are based.
Amendment 271 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 297 #
2009/0144(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Authority shall, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, in order to prevent a possible "race to the bottom" of national authorities concerning deliberately relaxing supervisory standards to increase the competitiveness of their financial centres and to ensuring the common, uniform and consistent application of CommunityUnion legislation, issue guidelines and recommendations addressed to competent authorities or financial market participants.
Amendment 317 #
2009/0144(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 4
Article 9 – paragraph 4 – subparagraph 4
The Authority and the competent authorities shall provide the CommissionAuthority with all necessary information in order to prevent moral hazard problems.
Amendment 344 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority mayshall adopt individual decisions requiringnecessary to ensure that competent authorities to take the necessary action with special regard to the respective impact on the budget of the Member States and in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation.
Amendment 362 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, on its own initiative or at the request of one or more of the competent authorities concerned, mayshall take the lead in assisting the authorities in reaching an agreement with respect to national interests and in accordance with the procedure set out in paragraphs 2 to 4.
Amendment 433 #
2009/0144(COD)
Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1
Article 22 – paragraph 2 - subparagraph 1
2. The Securities and Markets Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityEU financial market participants, their employees as well as consumers, investors and users of financial serv and users of financial services. Not less than 5 of the members shall be independent top- ranking academices.
Amendment 437 #
2009/0144(COD)
Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1 a (new)
Article 22 – paragraph 2 - subparagraph 1 a (new)
The Group may establish working groups on technical issues to which further experts may also be appointed to ensure the availability of the necessary technical expertise.
Amendment 530 #
2009/0144(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
Member States, Union institutions and other public or private bodies shall not seek to influence the members of the Board of Supervisors in the performance of their tasks in order to avoid conflicts of interests and to guarantee their independence.
Amendment 273 #
2009/0142(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1a (new)
Article 1 – paragraph 2 – subparagraph 1a (new)
The Authority shall also act in the field of activities of credit institutions, financial conglomerates, (alternative) investment firms, payment institutions and e-money institutions, including matters of corporate governance, auditing and financial reporting, provided that such actions by the Authority are necessary to ensure the effective and consistent application of the legislation referred to in this paragraph.
Amendment 338 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(fa) prohibit the trading of certain products or types of transactions if the ERSB released that recommendation to the EBA to prevent a major damage to the orderly functioning and integrity of financial markets, including investor protection issues, or the stability of the whole or part of the financial system in the Union. After a period of time fixed in the prohibition, the ESRB and the EBA should evaluate the maintenance of the prohibition. The prohibition of products and transactions should be a last resort;
Amendment 360 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards into complete and modify elements theat areas specifically set out in not essential to the legislation referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsementtechnical standards contribute to a common rulebook but shall not represent strategic decisions and their content shall be limited by the legislation on which they are based.
Amendment 363 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 400 #
2009/0142(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Authority shall, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, in order to prevent a possible "race to the bottom" of national authorities concerning deliberately relaxing supervisory standards to increase the competitiveness of their financial centres, and to ensuring the common, uniform and consistent application of Community legislation, issue guidelines and recommendations addressed to competent authorities or financial institutions.
Amendment 418 #
2009/0142(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Upon request from one or more competent authorities, from the Commission, from the European Parliament, the Council or on its own initiative and after having informed the competent authority concerned, the Authority may investigate the alleged incorrect application of CommunityUnion law.
Amendment 427 #
2009/0142(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 4
Article 9 – paragraph 4 – subparagraph 4
The Authority and the competent authorities shall provide the CommissionAuthority with all necessary information in order to prevent moral hazard problems.
Amendment 468 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decision pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial systemexistence of an emergency situation is declared pursuant to paragraph 1, and where coordinated action by national authorities with special regard to the respective impact on the member states' budget is necessary to respond to adverse developments which may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any such developments by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation.
Amendment 490 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, on its own initiative or at the request of one or more of the competent authorities concerned, mayshall take the lead in assisting the authorities in reaching an agreement with respect to national interests and in accordance with the procedure set out in paragraphs 2 to 4.
Amendment 534 #
2009/0142(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point 4 a (new)
Article 16 – paragraph 2 – point 4 a (new)
(4a) For institutions active in more than one Member Sates, the Authority will become the central recipient of regulatory reporting. Upon receipt of the reporting, the Authority will share the information with the competent national authorities.
Amendment 552 #
2009/0142(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. With regard to prudential assessments of mergers and acquisitions falling under the terms of Directive 2007/44/EC, the Authority shall become the central recipient of regulatory reporting. The Authority shall moderate the procedure and lead the national authorities involved in the procedure to ensure an efficient process. It may, on its own initiative or on application of any competent authorities, issue and publish an opinion on a prudential assessment to be carried out by any authority of a Member State. Article 20 shall apply.
Amendment 555 #
2009/0142(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. On the basis of Joint Guidelines, the Authority may conduct the change of control procedure under Directive 2007/44/EC. Upon receipt of the notification, the Authority will coordinate with the relevant national authorities.
Amendment 579 #
2009/0142(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. For institutions operating in more than one Member State, the Authority will become the central recipient of regulatory reporting. Upon receipt of the reporting, the Authority will share the information with the competent national authorities.
Amendment 584 #
2009/0142(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
2. The Banking Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityUnion credit and investment institutions, their employees as well as consumers and users of banking serviceusers of banking services including representatives of SMEs. Not less than 5 of the members shall be independent top-ranking academics. The number of members representing users of banking services, including SME organisations, shall not exceed 10. Not less than 10 members shall represent Union credit and investment institutions.
Amendment 594 #
2009/0142(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 a (new)
Article 22 – paragraph 2 – subparagraph 1 a (new)
The Group may establish working groups on technical issues to which further experts may also be appointed to ensure the availability of the necessary technical expertise.
Amendment 90 #
2009/0140(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The ESRB’s task should be to monitor and to assess systemic risk in normal times for the purpose of mitigating the exposure of the system to the risk of failure of systemic components and enhancing the financial system’s resilience to shocks. In this respect, the ESRB should increase financial stability and mitigate the negative impacts on the growth and employment of the real economy. In order to accomplish its mission, the ESRB should analyse all the relevant information, in particular relevant legislation with a potential impact on financial stability, such as accounting, bankruptcy and bail-out rules.
Amendment 97 #
2009/0140(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Where the ESRB detects a risk which could seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, it should be able to issue a warning declaring the existence of an emergency situation. In such a case the ESRB should promptly inform the European Parliament, the Council, the Commission, the national supervisory authorities and the European Supervisory Authority of its warning. In the event of an emergency, the ESRB should issue an emergency warning.
Amendment 145 #
2009/0140(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) six independent persons of which each ESA must nominate two; in order to reduce the possible problem of over- focusing on banks and to increase the quality of decisions of the General Board, the nominees must not be Members of the ESAs and must be chosen on the basis of their general competence and commitment to the Union, as well as for their diverse backgrounds in academic fields or in the private sector, in particular in small and medium-sized enterprises, trade unions or as providers or consumers of financial services; at the time of their nomination, the ESAs must indicate which person is designated also to serve on the Steering Committee; the nominees must be confirmed by the other members of the General Board with voting rights; in carrying out their responsibilities, the persons nominated must neither seek nor take instructions from any Government, institution, body, office, entity or private person; they must refrain from any action incompatible with their duties or the performance of their tasks.
Amendment 202 #
2009/0140(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 222 #
2009/0140(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Action in emergency situations 1. In the event of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the ESRB in accordance with point (b) of Article 3(2), may issue warnings, on its own initiative or following a request by an ESA, the European Parliament, the Council or the Commission, declaring the existence of an emergency situation. These warnings should be non-public in order to guarantee a stringent analysis of financial markets in which framework the ESRB does not have to take into account any reactions that might occur on the capital market. 2. As soon as it issues a warning, the ESRB shall simultaneously notify the European Parliament, the Council, the Commission, the national supervisory authorities and the European Supervisory Authority.
Amendment 236 #
2009/0140(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 242 #
2009/0140(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The ESRB shall report at least annuallyfour times per year to the European Parliament and to the Council.
Amendment 40 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 1
Recital 1
(1) Excessive and imprudent risk-taking in the banking sector has led to the failure of individual financial institutions and systemic problems in Member States and globally. While the causes of such risk- taking are many and complex, there is agreement by supervisors and regulatory bodies, including the G20 and the Committee of European Banking Supervisors, that the inappropriate remuneration structures of some financial institutions have been a contributory factor. Remuneration policies which give incentives to take risks that exceed the general level of risk tolerated by the institution can undermine sound and effective risk management and exacerbate excessive risk-taking behaviour. In this context, particular account should be taken of the internationally agreed and endorsed principles established by the Financial Stability Board (FSB).
Amendment 45 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Remuneration policy should aim at aligning the personal objectives of staff members with the long-term interests of the credit institution or investment firm concerned. The assessment of the performance-based components of remuneration should be based on longer- term performance and take into account the outstanding risks associated with the performance. The assessment of performance should be set in a multi-year framework, for example of three to five years, in order to ensure that the assessment process is based on longer-term performance and that the actual payment of performance-based components of remuneration is spread over the business cycle of the firm. Corporate social responsibility and sustainable development targets should be included in the assessment of longer-term performance justifying the payment of deferred variable remuneration.
Amendment 53 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – Section 11 – point 22 – point a
Annex V – Section 11 – point 22 – point a
(a) the remuneration policy is consistent with and promotes sound and effective risk management and, does not encourage risk- taking that exceeds the level of tolerated risk of the credit institution and includes measures to avoid asymmetries of information and conflicts of interest;
Amendment 175 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point h a (new)
Annex V – section 11 – point 22 – point h a (new)
(ha) at least 40 % of the variable remuneration component is deferred over a period which is not less than three years, is proportionate with the nature of the business, its risks and the activities of the member of staff in question, remuneration payable under deferral arrangements vests no faster than on a pro-rata basis, and, in the event of a variable remuneration component of a particularly high amount, at least 60 % of the amount is deferred;
Amendment 176 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point h b (new)
Annex V – section 11 – point 22 – point h b (new)
(hb) at least 50 % of any deferred remuneration component is made in shares or share-linked instruments of the credit institution, subject to the legal structure of the credit institution concerned, or, for non-listed credit institutions, in other non-cash instruments where appropriate and those shares, share-linked instruments and non- cash instruments are subject to an appropriate retention policy designed to align incentives with the longer-term interests of the credit institution;
Amendment 179 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point h c (new)
Annex V – section 11 – point 22 – point h c (new)
(hc) the remaining portion of the deferred remuneration component can be paid as cash remuneration vesting gradually and, in the event of negative contributions of the firm or the relevant line of business in any year during the vesting period, any unvested portions are to be clawed back, subject to the realised performance of the credit institution and the business line;
Amendment 27 #
2009/0096(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) A certain part of micro-credit provided to disadvantaged persons in the European Union is provided by non- commercial microfinance institutions and socially committed banks.
Amendment 161 #
2009/0064(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The scope of this Directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk-spreading for the benefit of those investors. This Directive should not apply to the management of pensionrs of non-pooled investments such as endowments, sovereign wealth funds orto the managers of non-pooled investments such as endowments, sovereign wealth funds orment of portfolios of investments in accordance with mandates given by investors on a discretionary, client-by-client basis or to any other form of individual portfolio management, or to the management of assets hoeld on own account by credit institutions, insurance or reinsurance undertakings. This Directive should neither apply to actively managed investments in the form of securities, such as certificates, managed futures, or index- linkee exemptions provided for in this Directive should be applicable in so far as AIFM comply with the conditions to which those exemptions are subject on a continuous basis. This Directive should, furthermore, not apply to the management of pension funds or institutions which manage funds supporting social security and public pension systems, or to securitisation vehicles. This Directive should also not apply to the management of collective investment undertakings which are authorised in accordance with national law and bonds. Itly marketed in their home Member State. This Directive should, however, cover managers of all collective investment undertakings which are not required to be authorised as UCITS. Investment firms authorised under Directive 2004/39/EC on Markets in Financial Instruments should not be required to obtain an authorisation under this Directive in order to provide investment services in respect of AIF. Investment firms can however only provide investment services in respect of AIF, if and to the extent the units or shares thereof can be marketed in accordance with this Directive.
Amendment 228 #
2009/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Reliable and objective asset valuation is crucial for the protection of investor interests. Different AIFM employ different methodologies and systems for valuing assets, depending on the assets and markets in which they predominantly invest. It is appropriate to recognise these differences but to, nevertheless, require the valuation of assets to. The process for valuation of assets and calculation of the net asset value (NAV) should be fundertaken by an entity which is independent of the AIFM. ctionally independent from the management functions of the AIFM. Where appropriate, the AIFM should be able to delegate or assign the valuation of assets and calculation of the NAV to a third party.
Amendment 352 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) Management companies authorised according to national law which provide management services to nationally regulated collective investment undertakings which are only marketed in their home Member State;
Amendment 360 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) AIFM, insofar as they manage one or more AIF whose only investors are the AIFM themselves or the parent undertakings or the subsidiaries of the AIFM or other subsidiaries of those parent undertakings, provided that none of those investors itself is an AIF;
Amendment 382 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g i (new)
Article 2 – paragraph 2 – point g i (new)
Amendment 383 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g j (new)
Article 2 – paragraph 2 – point g j (new)
(gj) special purpose vehicles set up with the objective of securitising certain assets.
Amendment 466 #
2009/0064(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘Marketing’ means any general offering or placement of units or shares in an AIF to or with investors domiciled in the Community, regardless of at whose initiative the offer or placement takes placedirect or indirect public offering or placement, at the initiative of the AIFM, of units or shares in an AIF to or with investors domiciled in the Union;
Amendment 707 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. AIFM shall ensure that, for each AIF that it manages, a valuator is appointed which is independent of the AIFM to establish the value of assets acquired by the AIF and the value of the shares and units of the AIF.
Amendment 723 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The valuatorAIFM shall ensure that theAIF’s assets, shares and units are valued at least once a year, and each time shares or units of the AIF are issued or redeemed if this is more frequent are valued at an appropriate frequency in respect of the underlying assets held by the fund. Where the AIF is invested in immovable assets, the specificities of those assets may be taken into account. The AIFM shall also ensure that the shares or units of the AIF can be valued whenever needed to enable redemption or issuance.
Amendment 912 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Depositaries may delegate their tasks to other depositaries with the exception of monitoring and exercising oversight over these sub-depositaries. Depositaries may delegate their tasks to sub-depositaries which are not domiciled within the Union.
Amendment 982 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
1. AIFM which intend to delegate to third parties the task of carrying out on their behalf one or more of their functions shall request prior authorisation froinform the competent authorities of their home Member State for each delegationin an appropriate manner.
Amendment 1666 #
2009/0064(COD)
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
Amendment 24 #
2008/2334(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the unprecedented dimension of the current financial crisisinternational financial crisis is the result of a worldwide policy and regulation failure and whereas its dimension and the depth of the ensuing downturn requires an urgent need to rethink, at European Union and at an international level, the regulatory and governance framework of financial markets,
Amendment 28 #
2008/2334(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the consequences of the financial crisis on the real economy result in exceptional economic circumstances that require exceptional measures and decisions and whereas public intervention, although inevitable, drives a wedge between the gains of the private sector in the recent past and the losses of the public sec in this situation, should generally focus on long-term measures and thus confine itself tor in the present and near futurets role as a shaper of the economic framework,
Amendment 44 #
2008/2334(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the financial crisis has revealed the dilemma that on the one hand regulatory competence for economic policy is an essential matter to be tackled at EU level, and, on the other, economic stimulus plans are the business of Member States' authorities,
Amendment 54 #
2008/2334(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. stresses that the top priority of the Recovery Plan must be to set up a stable financial framework through effective regulations and to protect citizens of the Union from the effects of the financial crisis, as they are the most strongly affected whether as workers, as members of households, or as entrepreneurs;
Amendment 116 #
2008/2334(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. considers that the European Central Bank (ECB) has a role to play as regards monitoring the macro-economic and financial stability in the European Union; considers that the ECB should be involved in EU-wide bank supervision;
Amendment 140 #
2008/2334(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. considers that credit rating agencies should close information gaps and reveal uncertainties as well as conflicts of interests;
Amendment 146 #
2008/2334(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. insists on the need for a revision and improvement of accounting policies;
Amendment 171 #
2008/2334(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. calls onfor the development of recovery instruments and policies both at European Union and at Member State level, capable of boosting demand and confidence across the European Union, in accordance with a common set of priorities within the Lisbon strategy, such as: investing in education, infrastructure, research and development, skills and lifelong learning, energy efficiency and green technologies, broadband networks, urban transport, creative industries and services, health services, and services for children and older people;
Amendment 117 #
2008/2330(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the development of microcredit can play an important role in supporting (long-term) unemployed people to move into self employment; points out that microcredit has already helped in many such situations with reintegration into working life and that this is in line with the Lisbon Strategy for Growth and Jobs;
Amendment 122 #
2008/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists on the removal of bureaucratic obstacles for small and medium enterprises (SMEs); calls for special protection, on the model of the Civil Rights Act in the USA, to be provided for SMEs because of the excessive demands made on them;
Amendment 128 #
2008/2330(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests to social partners that they could discuss new methodologies for wage policies which could include higher incorporation of companies' proceeds in employees' earnings through the use of schemes that mitigate the impact of inflation; considers that such schemes could allow for channelling employees' extra earnings to special capital funds created by companies; calls for a debate regarding incentives for companies to engage in those methodologies, and furthermore calls for a debate regarding a legal framework that regulates the access of employees to those funds in a gradual way over time; calls for the payment of fair salaries based on the performance level of various branches and regions with the aid of a differentiated pay policy; also calls for possibilities for taking greater account of the specific characteristics and needs of firms in the framework of collective agreements and company agreements;
Amendment 8 #
2008/2249(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, although subcontracting has many positive aspects and has allowed for increased productive capacity, it is also generating some economic and social imbalances among workers and might foster a race to the bottom in working conditions, which is a matter of concern,
Amendment 11 #
2008/2249(INI)
Motion for a resolution
Recital G
Recital G
G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,
Amendment 15 #
2008/2249(INI)
Motion for a resolution
Recital H
Recital H
Amendment 21 #
2008/2249(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the constructionsome sectors hasve been especially vulnerable to abuses in itstheir often complicated subcontracting chains,
Amendment 24 #
2008/2249(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 30 #
2008/2249(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 37 #
2008/2249(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces the idea of joint and several liability into Community legislation;
Amendment 41 #
2008/2249(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have responded toendeavoured to resolve the problems connected with the duties of subcontractors as employers by establishing national liability schemes; encourages other Member States to consider similar schemes applicable to the principal contractor or even the client;
Amendment 52 #
2008/2249(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that such an instrument wthe exchange of best practices could benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market;
Amendment 54 #
2008/2249(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 62 #
2008/2249(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Warns also against conflicts and overlapping between, and duplication of provisions found in codes of conduct and in labour law, codes of conduct, standards and guidelines adopted by public authorities and collective agreements in force; for this reason, emphasises the need for undertakings to adhere, as a matter of priority, to codes of conduct, standards and guidelines drafted at the level of supranational organisations (OECD, ILO), national, or sector level;
Amendment 66 #
2008/2249(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that more effective measures can be taken to counter the potential negative social consequences of subcontracting can be tackled by enhanced social dialogue between employers' organisations and trade unions, also with the participation of socially active NGOs and civil society organisations;
Amendment 1 #
2008/2237(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Commission has set in place a comprehensive political framework for dismantling bureaucracy for SMEs and with it has given a clear signal for the key role of the SMEs in economic growth, employment and innovation in Europe; stresses that currently most jobs being created in Europe are in SMEs; welcomes the fact that the Small Business Act does not provide for regulations, but carefully targeted guidelines as a 'benchmark';
Amendment 3 #
2008/2237(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the application of the "Think Small First" principle at Community and national level requires the consistent implementation of the internal market rules and the Services Directive1 and an efficient follow-up by the Commission in order to secure that all obstacles are eliminated in accordance with those rules and calls for a sector inquiry to be conducted with a view to facilitating fair and open competition for small and medium-sized enterprises (SMEs) all over Europe; in that connection, emphasises that the Small Business Act does not introduce binding rules, but rather guidelines which are designed to act as practical benchmarks; 1 Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 16 #
2008/2237(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the continuing lack of qualified workforce, a situation which will worsen further in the future; points out that SMEs are in competition with larger businesses for qualified workers and that they should be supported particularly with targeted staff development and training; welcomes in this connection the measures the Commission has taken for cross-border experience exchanges for young business people, journeymen and apprentices (Erasmus) and for the creation of a European Credit System for Vocational Education and Training (ECVET);
Amendment 18 #
2008/2237(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of a Statute for a European Private Company; 1 as a new, OJ L 200, 8.8.2000, p. 35. additional legal form;
Amendment 23 #
2008/2237(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that dynamic financial markets are essential for the financing of SMEs and underlines the need to open up European risk capital markets by improving the availability of and access to venture capital, mezzanine finance and micro- credit; for this reason, opposes arrangements for the provision of credit to enterprises by the State, since the authorities cannot assess the prospects of SMEs any more effectively than actors on the capital markets;
Amendment 26 #
2008/2237(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Demands, in the context of impact assessment for new legislative proposals, the introduction of a compulsory 'SME test', the results of which would be assessed by an external, independent body; calls on the Commission in this connection to avail itself of procedures such as cost-benefit analyses or the regular consultation of stakeholders; asks the Commission to allow the SME associations more time in consultations on new legislative proposals;
Amendment 33 #
2008/2237(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that legislation regarding SMEs must be supportive of their growth and must not create artificial limits for their ability to take the lead in the development of European Economy; calls, therefore, for the 'SME test' to incorporate procedures such as cost-benefit analyses or regular consultations of interest groups.
Amendment 34 #
2008/2237(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. SRejects state lending to undertakings, since the authorities cannot judge the chances of success of SMEs better than players in the capital market; supports the development of micro- credit (up to EUR 25 000) through the Microfinance Fund to a value of EUR 40 million, in order to encourage new business start-up in particular and calls upon the European Investment Bank (EIB) to ensure rapid implementation at regional level; calls on the Member States to allocate money from the European Social Fund (ESF) for measures to encourage business start-up.
Amendment 39 #
2008/2237(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for account to be taken of SME cooperative arrangements in the Small Business Act, since it is established that such networks run less risk of insolvency than individual enterprises.
Amendment 39 #
2008/2237(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the Small Business Act to take account of cooperative arrangements among SMEs (buying and marketing groups), since such groups have been shown to be less at risk of insolvency than individual enterprises.
Amendment 18 #
2008/2225(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that Europe's linguistic diversity constitutes a major cultural asset and it would be wrong for the European Union to restrict itself to a single main language;
Amendment 65 #
2008/2225(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to give sufficient importance to language learning at pre- school leveat pre-school level to learning languages, and above all the national language of the country where the children attend school;
Amendment 69 #
2008/2225(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Takes the view that, before they begin to attend school, children must, in their own interest, be able to speak the language of the country in which they live to ensure that they are not subject to discrimination in the course of their education or subsequent training and are capable of taking part in all activities on an equal basis;
Amendment 8 #
2008/2107(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the European Central Bank has the dilemma of having to meet the challenges of rising inflation and the first signs of an economic slowdown due to the financial turmoil of the last months,
Amendment 19 #
2008/2107(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises that major central banks such as the ECB and the US Federal Reserve warned against underestimating the risks in the economy prior to the IT- bubble in 2000 and the sub-prime crises in 2007; notes that the financial markets failed adequately to respond to those warnings effectively; asks the ECB, therefore, to analyse that response and suggest how to improve the correlation between such forward-looking warnings and market reactions; calls on the ECB, in the light of recent financial turmoil, to analyse and evaluate the aftermaths of the financial crisis and examine whether it has sufficient instruments for handling a cross- border European financial crisis, and which powers it needs in order to improve macro- prudential supervision in the euro area;
Amendment 22 #
2008/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the ongoing discussion on how to define price stability, in regard to which some argue in favour of a direct inflationary targeting; believes, however, that a two-pillar system based on M3 is the most suitable way of measuring price stability; calls on the ECB to take measures for a continuous improvement of that system; recognises the added value of the additional information and early warning of inflationary risk and the operational discretion that such a system provides;
Amendment 24 #
2008/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that the risks of asymmetric economic developments within the euro area could increase with an enlarged membership as the differences in size and maturity between member economies grow, calls on the ECB to tackle those risks at an early stage and to communicate them to the Member States;
Amendment 31 #
2008/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the ongoing call for more transparency in the ECB which would result in increased credibility and predictability, and appreciates the efforts already implemented; recognises, in this respect, the difficulties in making the minutes of the ECB Governing Council's meetings available to the public, as differences in individual positions could be interpreted as representing national interests, leading to pressure from Member State governments on Governing Council members;
Amendment 34 #
2008/2107(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the ECB to present, once again, a proposal its ideas for reforming the structure of its Governing Council, the proposal presented in 2003 having been rejected by Parliament; notes that with the increasing number of euro area countries reforms will become even more necessary; supports the ECB's earlier suggestion that the economic weight of participating Member States should be treated as the most significant factor for the rotating voting rights, and that the number of decision makers should be kept low in order to ensure efficiency;
Amendment 41 #
2008/2107(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes a steady rise in the status of the euro as an international currency; points out that the European Union's representation concerning economic and monetary affairs in international forums poorly reflects the true economic weight of the euro area and that this may be seen as an obstacle for an increased influence in international financial affairs; calls, therefore, for concrete steps to be taken towards a unified euro area representation within international financial institutions such as the IMF;
Amendment 21 #
2008/2085(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas according to the PWD the laws of the MS must lay down a nucleus of mandatory rules for minimum protection of posted workers to be observed in the host country without preventing application of terms and conditions of employment more favorable to workers; to protect the fundamental freedoms against protectionist measures, these conditions of employment may not be made mandatory,
Amendment 41 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, which – regardless of the differing interpretations of the content – is in line with the principles of the rule of law,
Amendment 51 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
Amendment 83 #
2008/2085(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is of the opinion that any EU citizen should have the right to work anywhere in the European Union; therefore regrets that this right is not applied uniformly across the EU; the possibility of working anywhere in the EU is limited by measures taken by some Member States which mean that workers from other EU Member States do not always have full access to these employment markets;
Amendment 139 #
2008/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that the intention of the legislator in the PWD and Services Directive is not reflected in the ECJ verdicts, which, instead of protecting workers, is invi and preventing unfair competition between companies has not changed; companies that sign and follow collective agreements will have a competitivemay not be put at a disadvantage toby companies that refuse to do so;
Amendment 148 #
2008/2085(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin; otherwise protectionist measures favouring a national employment market could be adopted under the guise of worker protection;
Amendment 162 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 195 #
2008/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creatingo the PWD being interpreted as an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers;
Amendment 210 #
2008/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anger against the EU; therefore consistent implementation of the PWD must be ensured in all Member States;
Amendment 233 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 253 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in orderaction to counter the possible detrimental social, economical and political effects of the ECJcourt judgements;
Amendment 285 #
2008/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that Parliament, the Council and the Commission should adopt measures to combat letterbox-companies, undertakings not engaged in any genuine and meaningful business in the country of origin but created, sometimes even directly by the main contractor in the host country, for the sole purpose of offering ‘services’ to the host country, to avoid the full application of host country rules and regulations especially with regard to wages and working conditionsalls on the Commission and the Member States to foster closer cooperation between the Member States, national authorities and the Commission to exchange best practice and with regard to monitoring instruments; this is the effective way to combat misuse;
Amendment 295 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Would welcome a move to summarise the existing social clauses that exist in the Monti directive and in the Service ds Directive in a social clause, either through a protocol attached to the Treaty or in an inter- institutional agreement;
Amendment 16 #
2008/2035(INI)
Motion for a resolution
Recital E
Recital E
Amendment 74 #
2008/2035(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 96 #
2008/2035(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 34 #
2008/0267(COD)
Proposal for a regulation – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) It is essential, however, for the EGF to remain consistent with precisely defined aims. A direct relationship therefore has to be shown to exist between redundancies and the financial and economic crisis. Redundancies for other reasons – such as mismanagement, company mergers or takeovers, or long- term structural change – do not fall within the scope of the EGF.
Amendment 38 #
2008/0267(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1927/2006
Article 1 – paragraph 1 a – subparagraph 1
Article 1 – paragraph 1 a – subparagraph 1
“1a. By way of derogation from paragraph 1, the EGF shall also provide support to workers madwhose redundant as acy is a direct result of the global financial and economic crisis, provided applications comply with the criteria set out in Article 2(a), (b) or (c). The redundancies must be of an unforeseeable nature and may not be based on reasons other than the financial and economic crisis.
Amendment 47 #
2008/0267(COD)
Proposal for a regulation – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No 1927/2006
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
5a. In Article 11 the following paragraph is inserted: ‘Indirect costs expressed as a lump sum shall be eligible for a contribution from the EGF not exceeding 20% of the direct costs of a project, provided that they are incurred in accordance with national regulations, including accounting regulations.'
Amendment 111 #
2008/0247(COD)
Council position
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In defining rail freight corridors the infrastructure managers involved must be allowed the greatest possible flexibility in the actual routing.
Amendment 123 #
2008/0247(COD)
Council position
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor, including sea and inland waterway ports, as well as railway undertakings, including rail freight and passenger operators, shippers, forwarders and/or their representative bodies The management board shall inform the advisory group regularly and in due time about all matters which affect them and the timeframe for dealing with them in the management board and the executive board. This advisory group mayshall issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminalts members. The advisory group may also issue own-initiative opinions. The management board shall take anyll of these opinions into account. The final decision, however, shall be taken by the management board. The management board shall provide the advisory group with reasons for any decision which differs from the opinion of the advisory group. In the event of disagreement between the management board and the advisory group, the latter may refer the matter to the executive board. The executive board shall act as an intermediary and provide its opinion in due time.
Amendment 136 #
2008/0247(COD)
Council position
Article 12 - paragraph 1
Article 12 - paragraph 1
1. The management board forshall require each national infrastructure manager involved in a freight corridor shallto designate or establish a joint body and/or an information system through collaboration between infrastructure managers offering applicants the opportunity to request, in a single place and a single operation, infrastructure capacity for freight trains crossing at least one border along the freight corridor (the "one-stop shop")one-stop shop for receiving and replying to requests for train paths for freight trains crossing at least one border along the corridor (international train path). The infrastructure managers involved in the freight corridor shall provide, in accordance with the provisions of this regulation concerning the use of IT applications, the necessary information in order to deal with international train path requests.
Amendment 156 #
2008/0247(COD)
Council position
Article 18 - paragraph 1
Article 18 - paragraph 1
(1) The regulatory bodies referred to in Article 30 of Directive 2001/14/EC shall cooperate in monitoring the competition in the rail freight corridor. In particular, they shall ensure non-discriminatory access to the corridor and shall be the appeal bodies provided under Article 30(2) of that Directive. They shall exchange the necessary information obtained from infrastructure managers and oThey shall exchange the necessary information obtained from infrastructure managers and other relevant parties. They shall cooperate in order to support the establishment of a comparable regulatory level in their relevant partiesMember State.
Amendment 159 #
2008/0247(COD)
Council position
Article 18 - paragraph 1 a (new)
Article 18 - paragraph 1 a (new)
1a. The regulatory bodies referred to in Article 30 of Directive 2001/14/EC shall ensure non-discriminatory access to the corridor and shall be the appeal bodies provided under Article 30(2) of Directive 2001/14/EC. In order to foster free and fair competition along the corridor, a comparable regulatory level shall be established throughout Europe.
Amendment 39 #
2008/0195(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Extension of the scope of Regulation (EC) No 561/2006 to vehicles of less than 3.5 tonnes is diametrically opposed to the European Union’s avowed objective of reducing bureaucracy without delay. Extension of the scope of Regulation (EC) No 561/2006 to vehicles of less than 3.5 tonnes is not being sought within the European Union.
Amendment 41 #
2008/0195(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The CommunityEU legislation is only efficient and effective if it is implemented by all Member States, applied equally to all actors concerned and controlled on a regular basis and in an efficient manner and if penalties are imposed for infringements in accordance with the established procedure in the individual Member States.
Amendment 60 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 1 - subpoint a
Article 1 – point 1 - subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This directive shall not apply to self- employed drivers.
Amendment 83 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint e
Article 1 – point 2 – subpoint e
Directive 2002/15/EC
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
"(i) 'night work' shall mean work during a period of work which includes at least twoone hours of work performed during night time."
Amendment 98 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
1. Member States shall organise a system of appropriate and regular monitoring andppropriate non-discriminatory controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. If controls continue to be concentrated on drivers and vehicles from countries which have in practice frequently infringed the provisions of this directive in the past, this shall not constitute discrimination.
Amendment 36 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 39 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory portion of the maternity leave is taken, before or after childbirthA pregnant woman or new mother, in consultation with her employer, shall be free to position this period of leave around the date of confinement.
Amendment 44 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) Member States shall ensure that any period of sick leavePeriods of absence before and after the birth due to illness orin complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leavennection with the pregnancy shall be added to the 14- week period.
Amendment 47 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10
Article 10
Amendment 50 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The rules on maternity leave under this Directive are drawn up to take account of the fact that additional periods of maternity leave that are not required for health reasons would put women at a considerable disadvantage in the job market.
Amendment 51 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 b (new)
Recital 6 b (new)
(6b) The rules on maternity leave under this Directive are drawn up to take account of the fact that the Parental Leave Directive, based on an agreement between the social partners, already provides sufficient regulation at European level on compatibility of family and work. Exemplary rules in many Member States allow family life to be compatible with work through a combination of maternity leave, parental leave, family allowances or other models.
Amendment 52 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 c (new)
Recital 6 c (new)
(6c) The rules on maternity leave under this Directive are drawn up to take account of the fact that women will be effectively encouraged to return to work not by longer periods of maternity leave, but by better child care facilities, e.g. for children under three.
Amendment 55 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) Pregnant workers and workers who have recently given birth or are breastfeeding must be protected against the health risks of long and unusual working hours. In particular they should not be obliged to work overtime, at night or on Sundays and holidays.
Amendment 55 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 − point c
Article 1 – point 3 − point c
Directive 92/85/EEC
Article 11 – point 3
Article 11 – point 3
(3) the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling mayshould not be loweress than 90% of the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 56 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) The care of disabled children presents a particular challenge for working mothers, which should be recognised by society. The increased vulnerability of working mothers of disabled children means that they should be granted additional maternity leave; the Directive should lay down the minimum period of such leave.
Amendment 60 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Victims of discrimination must enjoy appropriate legal protection. The Member States should ensure, in accordance with their particular legal systems, the rights of pregnant women are protected effectively.
Amendment 82 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1a. The following article is added : Article 7a Overtime The Member States shall take the appropriate measures to ensure that pregnant workers and workers who have recently given birth or are breastfeeding are not obliged to work overtime or on Sundays or holidays, during pregnancy and for six months after the birth.
Amendment 83 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 85 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. With respect to the last 4 weeks of the period referred to in paragraph 1, a scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides an overall protection to workers, within the meaning of Article 2 of this Directive, that is equivalent to the level set out in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. The remuneration for the last 4 weeks of leave shall be no lower than the allowance referred to in Article 11(3) or, alternatively, it may be the average of the remuneration for the 18 weeks of maternity leave, which shall be at least two thirds of the last monthly salary or of the average monthly salary as stipulated according to national law, subject to any ceiling laid down under national legislation. The Member States may lay down the periods over which the average monthly salaries are calculated.
Amendment 85 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The rules on maternity leave under this Directive are drawn up to take account of the fact that additional periods of maternity leave that are not required for health reasons would put women at a considerable disadvantage in the job market.
Amendment 87 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 b (new)
Recital 6 b (new)
(6b) The rules on maternity leave under this Directive are drawn up to take account of the fact that Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC1, based on an agreement between the social partners, already provides sufficient regulation at European level on compatibility of family and work. Exemplary rules in many Member States allow family life to be compatible with work through a combination of maternity leave, parental leave, family allowances or other models. _______________________ 1 OJ L 145, 19.6.1996, p. 4.
Amendment 88 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 6 c (new)
Recital 6 c (new)
Amendment 89 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shallmust include compulsory maternity leave of at least sixtwo weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory port, which according to national law and/or practice can be divided between the periods before and/or after childbirth. The Member States may limit the periond of the maternity leave is taken, before or afterbefore childbirth.
Amendment 96 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) Pregnant workers and workers who have recently given birth or are breastfeeding must be protected against the health risks of long and unusual working hours. In particular they should not be obliged to work overtime, at night or on Sundays and holidays.
Amendment 97 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) The care of disabled children presents a particular challenge for working mothers, which should be recognised by society. The increased vulnerability of working mothers of disabled children means that they should be granted additional maternity leave; the Directive should lay down the minimum period of such leave.
Amendment 101 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodatein medically justified cases the period of maternity leave is extended. The duration of this leave should allow the special needs of the mother and the child/children to be accommodated. Maternity leave should be extended by at least eight weeks after the birth of a disabled child.
Amendment 105 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or moreup to six weeks before confinement does not impact onis counted towards the duration of maternity leave.
Amendment 106 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to self- employed workers.
Amendment 106 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Victims of discrimination must enjoy appropriate legal protection. The Member States should ensure, in accordance with their particular legal systems, that the rights of pregnant women are protected effectively.
Amendment 109 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10
Article 10
Amendment 116 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occursor within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned. This shall not affect the substantial provisions on dismissal under national law.
Amendment 117 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1f. The following Article 7a is inserted: "Article 7a The Member States shall take the appropriate measures to ensure that pregnant workers and workers who have recently given birth or are breastfeeding are not obliged to work overtime or on Sundays or holidays, during pregnancy and for six months after the birth."
Amendment 120 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 121 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3– point b
Article 1 – point 3– point b
Directive 92/85/EEC
Article 11 – point 2 – point c
Article 11 – point 2 – point c
(c) the right of workers within the meaning of Article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence; in exceptional situations of restructuring or radical reorganisation of the production process, the body representing workers’ interests must always be given the opportunity together with the employer to advise the worker concerned about the effects of these changes.
Amendment 123 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – –point 3
Article 11 – –point 3
3. the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected withfor health reasons, or not less than two thirds of the worker'’s state of health. The Member States may lay down the period over which this average monthly salast monthly salary under national law; the national legislator may lary is calculateddown ceilings and reference periods.
Amendment 123 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. With respect to the last four weeks of the period referred to in paragraph 1, a scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides an overall protection to workers, within the meaning of Article 2 of this Directive, that is equivalent to the level laid down in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. The remuneration for the last four weeks of maternity leave shall be no lower than the allowance referred to in Article 11(3) or, alternatively, it may be the average of the remuneration for the 18 weeks of maternity leave, which shall be at least two thirds of the last monthly salary or of the average monthly salary as stipulated according to national law, subject to any ceiling laid down under national legislation. The Member States may lay down the periods over which the average monthly salaries are calculated.
Amendment 125 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shallmust include compulsory maternity leave of at least sixtwo weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory port, which according to national law and/or practice can be divided between the time before and/or after childbirth. The Member States may limit the periond of the maternity leave is taken, before or afterbefore childbirth.
Amendment 130 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
Article 12 a
Amendment 136 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 92/85/EEC
Article 12 c
Article 12 c
Member States shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Penalties may comprise payment of compensation, which may not be limited by the fixing of a prior upper limit, and must be effective, and proportionate and dissuasive.
Amendment 137 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/EEC
Article 12 d
Article 12 d
Amendment 142 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive does not apply to self- employed workers.
Amendment 152 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/CEE
Article 10 – point 2
Article 10 – point 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned. This shall not affect the substantial provisions on dismissal under national law.
Amendment 157 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 92/85/CEE
Article 11 – point 2 – point c
Article 11 – point 2 – point c
(c) the right of workers within the meaning of Article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence; in exceptional situations of restructuring or radical reorganisation of the production process, the body representing workers’ interests must be given the opportunity to discuss the effects of these changes on the workers concerned with the employer.
Amendment 158 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/CEE
Article 11 – point 3
Article 11 – point 3
Amendment 166 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/CEE
Article 12 d
Article 12 d
Amendment 96 #
2008/0153(COD)
Proposal for a directive
Recital 9
Recital 9
(9) By virtue of the principle of home Member State supervision, management companies authorized in their home Member States should be permitted to carry on the services for which they have received authorization throughout the Community by establishing branches or under the freedom to provide services. The competent authorities of the UCITS home Member State should approve the choice of the management company. Those competent authorities should not require additional conditions as regards the choice of the management company, nor should they require the management company to have its registered office in the UCITS home Member State. The management company should not be required to perform any activities in the UCITS home Member State. The approval of the fund rules of common funds/unit trusts falls within the competence of the management company'sUCITS home Member State.
Amendment 136 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. A common fund shall be authorised only if the competent authorities have approved the management company,of its home Member State have approved the fund rules and the choice of management company and depositary. An investment company shall be authorised only if the competent authorities of the UCITS home Member State have approved both its instruments of incorporation and the choice of depositary. and, where applicable, the choice of the designated management company.
Amendment 160 #
2008/0153(COD)
Proposal for a directive
Article 15 - paragraph 1 - subparagraph 1 a (new)
Article 15 - paragraph 1 - subparagraph 1 a (new)
Amendment 237 #
2008/0153(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The laws of Member States shall provide that unit-holders of both the merging UCITS and the receiving UCITS have the right to request the repurchase or redemption of their units or, where possible, to convert them into units in another UCITS of the same group with similar investment policies, without charge. This right shall become effective from the moment the unit-holders of the merging UCITS and, where applicable, those of the receiving UCITS, have been informed of the proposed merger. It shall cease to exist on a date agreed by the competent authority of the merging UCITS, being on or before the effective date of the merger.
Amendment 277 #
2008/0153(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. If a master UCITS temporarily suspends the re-purchase or, redemption or subscription of its units, whether at its own initiative or at the request of its competent authorities, each of its feeder UCITS is entitled to suspend the re-purchase or, redemption or subscription of its units notwithstanding the conditions laid down in Article 79(2) within the same period of time as the master UCITS. The feeder UCITS’s entitlement to suspend subscriptions is without prejudice to the fundamental right of the feeder UCITS to decide independently at any time on a suspension of subscriptions.
Amendment 320 #
2008/0153(COD)
Proposal for a directive
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Member States shall require that an investment company and, for each of the common funds it manages, a management company, which does not sell UCITS directly or through a tied agent to investors, deliverprovides key investor information to product manufacturers and intermediaries selling or advising investors on potential investments in such UCITS or in products offering exposure to such UCITS, so as to enable them to provide all relevant information on the proposed investment to their clients or potential clients, in compliance with any information obligations applicable to them under the relevant Community and national lawlaw, in particular Article 34 of Directive 2006/73/EC and national law. Such obligation shall apply only towards intermediaries with whom a UCITS or its management company has a contractual relationship pertaining to distribution of UCITS.
Amendment 334 #
2008/0153(COD)
Proposal for a directive
Article 88 – paragraph 3 – subparagraph 2
Article 88 – paragraph 3 – subparagraph 2
The competent authorities of the UCITS home Member State shall transmit the complete documentation referred to in paragraphs 1 and 2 to the competent authorities of the Member State in which the UCITS proposes to market its units, no later that one monthn three working days after the date of receipt of the notification letter. They shall enclose to the documentation an attestation that the UCITS fulfils the conditions imposed by this Directive.
Amendment 23 #
2008/0140(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 25 #
2008/0140(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) The Community has adopted three legal instruments12 on the basis of aArticle 13(1) of the EC Treaty to prevent and combat discrimination on grounds of sex, racial and ethnic origin, religion or belief, disability, age and sexual orientation. These instruments have demonstrated the value of legislation in the fight against discrimination. In particular, Directive 2000/78/EC establishes a general framework for equal treatment in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation. However, variations remain between Member States on the degree and the form of protection from discrimination on these grounds beyond the areas of employment. ________________ 1 Directive 2000/43/EC, Directive 2000/78/EC and Directive 2004/113/EC 2 Directive 2000/43/EC, Directive 2000/78/EC and Directive 2004/113/EC
Amendment 27 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 30 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Owing to the excessive burden on small and medium-sized enterprises (SMEs), they should be afforded special protection, following the model of the US Civil Rights Act.
Amendment 32 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.
Amendment 38 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and thefreedom of opinion and freedom of association. This Directive is without prejudiceshall not apply to national laws on marital or family status, including on reproductive rightsadoption law, and benefits which are dependent thereon. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 40 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws con marital or family status, including on reproductive rightscerning the family and marriage and the value thereof. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 44 #
2008/0140(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its accompanying communication ‘Non-discrimination and equal opportunities: A renewed commitment’ of 2 July 2008 (COM(2008)0420 final), the Commission affirmed that the European Union already has one of the most advanced non-discrimination legal frameworks in the world.
Amendment 44 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 45 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. This Directive therefore respects national legislation guaranteeing their status and activities and shall not apply thereto. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 46 #
2008/0140(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation. Such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.
Amendment 47 #
2008/0140(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientation should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should be empowered to engage in proceedings, including on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 48 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
Therefore, legislation should prohibit discrimination based on religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 48 #
2008/0140(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) The rules on the burden of proof must be adapted when there is a prima facie case of discrimination and, for the principle of equal treatment to be applied effectively, the burden of proof must shift back to the respondent when evidence of such discrimination is brought. However, it is not for the respondent to prove that the plaintiff adheres to a particular religion or belief, has a particular disability, is of a particular age or has a particular sexual orientation.
Amendment 49 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
This Directive lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation.
Amendment 50 #
2008/0140(CNS)
Proposal for a directive
Article 2 - paragraph 2 - point b
Article 2 - paragraph 2 - point b
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 51 #
2008/0140(CNS)
Proposal for a directive
Article 2 - paragraph 3
Article 2 - paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
Amendment 61 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Owing to the excessive burden on small and medium-sized enterprises (SMEs), they should be afforded special protection, following the model of the US Civil Rights Act.
Amendment 64 #
2008/0140(CNS)
Proposal for a directive
Article 2 - paragraph 7
Article 2 - paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States mayshall permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based, in particular, on relevant and accurate actuarial or statistical data, medical experience or actuarial principles.
Amendment 68 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.
Amendment 72 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 1 - point d
Article 3 - paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall not apply to existing private and business premises. Subparagraph (d) shall apply to individuals only in so far as they are performing a professional or commercial activity. Special consideration must be given to small and medium-sized enterprises (SMEs).
Amendment 75 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
2. This Directive is without prejudiceshall not apply to national laws on marital or family status and reproductive rights, including adoption law, and benefits which are dependent thereon..
Amendment 76 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
2. This Directive is without prejudice to national laws con marital or family status and reproductive rightscerning the family and marriage and the value thereof.
Amendment 77 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors arcan be shown to be key factors for the assessment of risk.
Amendment 79 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 3
Article 3 - paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States forshall not apply to the content of teaching, activities and the organisation of theirindividual national educational systems, including the provision of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 80 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 3
Article 3 - paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 83 #
2008/0140(CNS)
Proposal for a directive
Article 3 - paragraph 4
Article 3 - paragraph 4
4. This Directive is without prejudiceshall not apply to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or belief. It is equally without prejudice. It shall equally not apply to national legislation promoting equality between men and women.
Amendment 86 #
2008/0140(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity.
Amendment 86 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, telecommunications, electronic communications, information including information in accessible formats, transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ors to the nature of the goods or services or to the nature of the trade, profession or business in question. An alteration is fundamental if it alters the goods or services or the nature of a trade, profession or business to such an extent that the provider of the goods andor services in question or require the provision ofs effectively providing a completely different kind of goods or services. Comprehensive alternatives thereto. ons to existing private and business premises shall constitute a disproportionate burden.
Amendment 93 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, the freedom of expression and the freedom of association. This Directive is without prejudicedoes not apply to national laws on marital or family status, including on reproductive rightslaw, or to benefits that are dependent thereon. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 96 #
2008/0140(CNS)
Proposal for a directive
Article 5
Article 5
With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 101 #
2008/0140(CNS)
Proposal for a directive
Article 12 - paragraph 1
Article 12 - paragraph 1
1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 116 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. This Directive therefore respects national legislation guaranteeing their status and activities and shall not apply thereto. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities.
Amendment 120 #
2008/0140(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation. Such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.
Amendment 124 #
2008/0140(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientation should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should be empowered to engage in proceedings, including on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 132 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
This Directive lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation.
Amendment 142 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 144 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 147 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concepts of harassment and unwanted conduct may be defined in accordance with the national laws and practice of the Member States.
Amendment 152 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shallmay also be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 167 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on the grounds of agelaid down in Article 1 shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary there is an objective reason for the violation thereof. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 176 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical datactuarial principles, accurate statistical data or medical knowledge shall not be considered discrimination for the purposes of this Directive.
Amendment 189 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, provided they are performing a professional or commercial activity, in relation to:
Amendment 190 #
Amendment 196 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 197 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall not apply to individuals only insofar as they are performing a professional or commercial activityexisting private and business premises.
Amendment 200 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 210 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudiceshall not apply to national laws on marital or family status and reproductive rightslaw and the benefits dependent thereon.
Amendment 224 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States forshall not apply to the content of teaching, activities and the organisation of theirnational educational systems, including the provision of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 232 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudiceshall not apply to national legislationaw ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or belief. It is equally without prejudice to national legislation promoting equality between men and women.
Amendment 239 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The advertising and media sector shall be excluded from the scope of this Directive.
Amendment 247 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transportelecommunications, electronic communication, information, also in accessible formats, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ornature of the goods or services in question or of the nature of the trade, profession or undertaking in question. An alteration shall be regarded as fundamental if it alters the goods or services or the nature of a trade, profession or undertaking to such an extent that the provider of the goods andor services in question or require the provision of alternatives thes effectively providing a completely different kind of good or service. Extensive alterations to existing private and business premises shall constitute a disproportionate burden. In addition, Member States may determine what modifications or adjustments are to be considered appropriate.
Amendment 253 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) No breach of the ban on disadvantaging individuals shall be deemed to have occurred if there is an objective reason justifying a difference in treatment on grounds of religion or belief, disability, age or sexual orientation. In particular, this may be the case if the difference in treatment 1. is intended to rule out risks or prevent damage or to serve other, similar purposes, 2. takes account of the requirement to protect privacy or personal safety, 3. offers special advantages and there can be no interest in enforcing equal treatment. In connection with the rental of housing, different treatment with a view to establishing and maintaining socially stable tenancy patterns and balanced settlement structures and balanced economic, social and cultural conditions shall be admissible.
Amendment 266 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. When defining what constitutes a ‘disproportionate burden’ within the meaning of the second sentence of paragraph 1(a) and paragraph 1(b), due account shall be taken of the laws on equal treatment of persons with disabilities in force in each Member State and the interpretation of those laws by national courts.
Amendment 274 #
2008/0140(CNS)
Proposal for a directive
Article 5
Article 5
5. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 278 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 287 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure, in accordance with their national judicial systems, that all persons who consider themselves wronged by failure to apply the principle of equal treatment to them can take legal action to assert their rights.
Amendment 289 #
2008/0140(CNS)
Proposal for a directive
Article 8
Article 8
Amendment 299 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 318 #
2008/0140(CNS)
Proposal for a directive
Article 14
Article 14
Member States shall lay down the rules on sanctions applicable to breaches of the national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Sanctions may comprise the payment of compensation, which may not be restricted by the fixing of a prior upper limit, and must be effective, proportionate and dissuasive.
Amendment 321 #
2008/0140(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by …. at the latest [twohree years after adoption]. They shall forthwith inform the Commission thereof and shall communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 20 #
2008/0130(CNS)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to make the SPE an accessible company form for individuals and small businesses, it should be capable of being created ex nihilo or of resulting from the transformation, the merger or the division of existing national companies. The creation of an SPE by way of transformation, merger or division of companies should be governed by the applicable national law. Should an SPE created ex nihilo have more than 100 employees, steps should be taken to determine whether the company must open negotiations with its employees concerning their rights of participation in accordance with the rules laid down in the articles of association of the SPE.
Amendment 24 #
2008/0130(CNS)
Proposal for a regulation
Recital 15
Recital 15
(15) Employees’ rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). The SPE should not be used for the purpose ofAny circumventingon of such rights should be avoided. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
Amendment 31 #
2008/0130(CNS)
Proposal for a regulation
Article 7
Article 7
An SPE shall have its registered office and its central administration or principal place of business in the Community. An SPE shall not be under any binding obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
Amendment 33 #
2008/0130(CNS)
Article 10 - paragraph 4
4. Registration of the SPE may be subject to only one of the following requirements: (a) a control by an administrative or judicial body of the legality of the documents and particulars of the SPE; (b) the certification of the documents and particulars ofWhen an SPE is registered, the companies shall have the right to decide which body should review the documents establishing the SPE.
Amendment 34 #
2008/0130(CNS)
Proposal for a regulation
Article 19 - paragraph 4
Article 19 - paragraph 4
4. The initial capital of the SPE shall be at least EUR 1.
Amendment 37 #
2008/0130(CNS)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. If the articles of association so requirprovide, the management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken. The solvency certificate shall be disclosed.
Amendment 14 #
2008/0070(COD)
Proposal for a recommendation
Recital 5
Recital 5
(5) The purpose of this Recommendation is to create the European Credit system for Vocational Education and Training (hereinafter "ECVET") intended to facilitate transfer, recognition and accumulation of assessed learning outcomes of individuals who are aiming to achieve a qualification. This will improve the transparency and portabilitygeneral understanding of citizens' learning outcomes across and withinnd their transparency and portability across Member States in a borderless lifelong learning area.
Amendment 36 #
2007/2290(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 90 #
2007/2290(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Observes that it is predominantly women who take care of children, voluntarily or involuntarily under the pressure of cultural attitudes and social norms or of the poor quality or lack of childcare facilities stresses the need to compensate womthose bringing up children and to provide them with real choices as regards having children, without fearing possible financial disadvantages or suffering detriment to their career progression; welcomes action by Member States to compensation this;
Amendment 2 #
2007/2238(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, from the macroeconomic point of view, hedge funds and private equity (HFs & PE) represent welcome additional investors at a time when economic structures are experiencing ever more substantial change at an ever- increasing pace, but that this type of alternative investment is unregulated; stresses, in addition, that lack of scrutiny and excessive profit-seeking are solely at the expense of employees and/or other third parties; stresses, however, the potential risks also inherent to both forms of investment;
Amendment 6 #
2007/2238(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is at present insufficient EU regulation of hedge funds and private equity is only justified if the market fails,
Amendment 11 #
2007/2238(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to present a proposal as todiscuss how the legal status of HFs & PE as employers can be determined;
Amendment 14 #
2007/2238(INI)
Motion for a resolution
Recital D
Recital D
D. whereas hedge funds and private equity are increasingly important alternative investment vehicles that have not only a significant and increasing share in global assets under management, but also a significant and increasingly important presence and activity in world financial marketsimprove the efficiency of financial markets by creating new investment opportunities,
Amendment 20 #
2007/2238(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the fund industry to move further towards voluntary but binding measures on corporate governance which will also be made public; considers that funds which act as entrepreneurs cannot distance themselves from cultivating human resources, ensuring worker participationsuch a code of conduct should include cultivating human resources and the pursuit of environmental and social objectives;
Amendment 24 #
2007/2238(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to monitor and analyse the effects of the operations of HF & PE companies, and to propose a directive on minimum transparency rules on the way in which investments are financed, the objectiverisks are managed, methods of invassestsment projects, the disclosure of ownership structures and the registration of hedge funds, the qualifications of managers and possible conflicts of interest;
Amendment 29 #
2007/2238(INI)
Motion for a resolution
Recital H
Recital H
H. whereas such long-term investment requires well-functioning, stable financial markets in the EU and globally, contributing to the real economy,
Amendment 38 #
2007/2238(INI)
Motion for a resolution
Recital J
Recital J
J. whereas global financial stability also requires better supervisory cooperation, including globally, which logically requires, in due course, a comprehensive revision of current EU supervisory arrangementwith regular exchanges of information, transparency of institutional investors and, instead of unnecessary additional regulation, a code of conduct that would be voluntarily entered into but nevertheless contain binding provisions,
Amendment 44 #
2007/2238(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enhanced appropriate levels of transparency towards the public, investors and supervisory authorities, including, in future, any new EU supervisory body, are crucial to ensure such well- functioning and stable financial markets as well as for promoting competition between market actors and products,
Amendment 56 #
2007/2238(INI)
Motion for a resolution
Recital L
Recital L
L. whereas excessive debt required by muchsome of the activities of hedge funds and private equity may threatens financial stability, and prejudices the realisation of the long-term investment, growth and jobs agenda and is, moreover, unfairly favoured in national tax regimes,
Amendment 58 #
2007/2238(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the recent increase in private equity transactions in many cases has significantly increased the number of employees, whose jobs are ultimately controlled by equity funds, and Community employment law (in particular, Directive 2001/23/EC) was formulated when this was not so in the undertakings,
Amendment 73 #
2007/2238(INI)
Motion for a resolution
Recital O
Recital O
O. whereas there are many conflicts of interest either arising from the business model of private equity or hedge funds or from the relationships between those vehiclebetween private equity or hedge funds and other actors in financial markets can arise,
Amendment 86 #
2007/2238(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas in order to minimise the risk of future financial crises and given the strong interactions across markets and between market participants and given the objective of a level playing field across borders and between regulated and unregulated market participants, the EU needs better, more coherent and harmonised regulation across the boardanagement instruments in the event of failure of the market,
Amendment 100 #
2007/2238(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. Whereas hedge funds can lead to conflicts of interest in the assessment of complex financial instruments; whereas hedge funds as minority shareholders can influence business strategies and whereas difficulties in hedge funds can have a direct bearing on credit institutions; whereas private equity undertakings have the problem of leveraged buy-out, which can place a disproportionate burden on acquired undertakings,
Amendment 101 #
2007/2238(INI)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Amendment 111 #
2007/2238(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 128 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point b
Annex – recommendation 1 – point b
Amendment 139 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point d
Annex – recommendation 1 – point d
(d) Valuation The Commission should propose precise, in cooperation with the international standards bodies, should discuss sector- specific general rules on the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets.
Amendment 147 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point g
Annex – recommendation 1 – point g
Amendment 160 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point a
Annex – recommendation 2 – point a
(a) Registration and authorisation of management companies and funds' managers The Commission should seek to establish an EU global framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms), which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, t. The Commission should ensure that management firms disclose the following: - the name and domicile of funds they control, - the identity and qualifications of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment responsibilitiesnature and scope of risk management, and - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below).
Amendment 165 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point b
Annex – recommendation 2 – point b
(b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of the EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds Private placement The Commission should submit a legislative proposal for the establishment of a Europeand private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees),), - source and amount of funds raised,, - past performance, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff.. That information should be set out in a uniform format (also to facilitate the database proposal below)placement regime allowing for cross- border distribution of alternative investment vehicles to eligible groups of sophisticated investors.
Amendment 176 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point d
Annex – recommendation 2 – point d
(d) Investors The Commission and supervisory authorities should ensure that investors in those vehicles receive not only sufficient but also relevant and comparable information (e.g. the simplified prospectus/fact sheet for UCITS).
Amendment 194 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – point c
Annex – recommendation 3 – point c
Amendment 13 #
2007/0300(CNS)
Proposal for a decision
Recital 2 – introductory part
Recital 2 – introductory part
(2) The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to achieve full employment, enhance job quality and equal opportunities and bring about social cohesion and to address the priority areas of
Amendment 17 #
2007/0300(CNS)
Proposal for a decision
Recital 2 – indent 1
Recital 2 – indent 1
- creating more and quality jobs, attracting and retaining more people in employment, increasing labour supply and modernising social protection systems,
Amendment 24 #
2007/0300(CNS)
Proposal for a decision
Recital 2 – indent 2
Recital 2 – indent 2
- improving adaptability and security of workers and enterprises, for instance in a flexicurity context, and
Amendment 26 #
2007/0300(CNS)
Proposal for a decision
Recital 2 – indent 3
Recital 2 – indent 3
- increasing investment in human capital through better education and skills and expansion of lifelong learning opportunities.
Amendment 32 #
2007/0300(CNS)
Proposal for a decision
Recital 5
Recital 5
(5) Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund, the Regional Fund and the Globalisation Fund.
Amendment 38 #
2007/0300(CNS)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a In implementing the guidelines, the Member States shall: - take into account requirements linked to the creation of full employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health and - comply with the anti-discrimination Directives 2000/78/EC, 2006/54/EC and 2000/43/EC.
Amendment 49 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph following Guideline 17 – indent 1
Annex – paragraph following Guideline 17 – indent 1
- attract and retain more people in employment, increase labour supply by enhancing employability, and modernise social protection systems,
Amendment 53 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph following Guideline 17 – indent 2
Annex – paragraph following Guideline 17 – indent 2
- improve adaptability and security of workers and enterprises, for instance in a flexicurity context, and
Amendment 56 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph following Guideline 17 – indent 3
Annex – paragraph following Guideline 17 – indent 3
- increase investment in human capital through better education and skills and expansion of lifelong learning opportunities.
Amendment 65 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – title
Annex – Section 1 – title
1. Attract and retain more people in quality employment, increase labour supply by enhancing employability, and modernise social protection systems
Amendment 96 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 1 – Guideline 19 a (new)
Annex – Section 1 – Guideline 19 a (new)
Guideline 19a: Greater social integration and combating of poverty and social exclusion, e.g. by expanding job opportunities, vocational training and further training, plus greater involvement (instead of early retirement) for older workers in their firms, particularly in times of skilled-labour shortages, and expanding social services.
Amendment 100 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Title
Annex – Section 2 – Title
2. Improve adaptability and security of workers and enterprises
Amendment 106 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 − Guideline 21 – title
Annex – Section 2 − Guideline 21 – title
Guideline 21. Promote flexibility combined with employment security and reduce labour market segmentation, having due regard toand take into account the rfole of the social partnerlowing four key components, through:
Amendment 114 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 (new)
Annex – Section 2 – Guideline 21 – indent -1 (new)
- flexible and reliable contractual arrangements through modern labour laws, autonomous collective agreements and organisation of work;
Amendment 118 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 a (new)
Annex – Section 2 – Guideline 21 – indent -1 a (new)
- comprehensive lifelong learning strategies to increase the adaptability and employability of not only young, but also older workers;
Amendment 122 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 b (new)
Annex – Section 2 – Guideline 21 – indent -1 b (new)
- effective active labour market policies (ALMP) not involving an active early- retirement policy, but, rather, integrating older and experienced workers into working life to a greater extent, that help people to cope with rapid change, reduce periods of unemployment and ease the transition to new jobs;
Amendment 123 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 c (new)
Annex – Section 2 – Guideline 21 – indent -1 c (new)
- modern social security systems that provide adequate income support, encourage employment and facilitate labour market mobility.
Amendment 25 #
2007/0229(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) covered by Directive 96/71/EC as long as they are posted; it shall not affect the Member States’ responsibility for the access and admission of third-country nationals to their labour markets. The right of Member States to retain or introduce specific national labour-market orientated rules on immigration is not restricted by this Directive;
Amendment 31 #
2007/0229(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) by restricting the rights conferred under paragraph 1 in accordance with their own national law;
Amendment 34 #
2007/0229(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.
Amendment 38 #
2007/0229(CNS)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive does not affect the Member States’ powers concerning the admission of third-country nationals to their national labour markets. There is no entitlement to admission.
Amendment 22 #
2004/0209(COD)
Recital 6 a (new)
(6a) The likelihood of sickness in companies that require staff to work on Sundays is greater than in companies that do not require staff to work on Sundays. The health of workers depends, among other factors, on their opportunities to reconcile work and family life, to establish and maintain social ties and to pursue their spiritual needs. Sunday, as the traditional weekly rest day, contributes to these objectives more than any other day of the week.
Amendment 30 #
2004/0209(COD)
Article 1 – point -1 (new)
Directive 2003/88/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
(-1) In Article 1, paragraph 4a shall be added: "4a. This directive shall not apply in the following areas: combating danger and terrorism, fire brigades and airport fire brigades of , civil protection, public security and order. The Member States shall be entitled to identify the sensitive sectors, areas and sites, as well as the services and activities to be provided there, which are to be excluded from the scope of this directive. Care shall be taken in any event to ensure the greatest possible safety of and the provision of comprehensive health protection for employees."
Amendment 37 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 1
Article 2a – subparagraph 1
The inacentivre parteriod of on-call time shall not be regarded as working time unless national law or, in accordance with national law and/or practice, a collective agreement or an agreement between the social partners provides otherwise, including the inactive parts, shall in principle be regarded as working time but by collective agreement or other agreement between the two sides of industry or by means of laws or regulations, inactive parts of on-call time shall be calculated in a specific manner in order to comply with the maximum weekly average working time laid down in Article 6, subject to compliance with the general principles relating to the protection of the safety and health of workers.
Amendment 38 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 2
Article 2a – subparagraph 2
The inactive part of on-call time mayshall be calculated on the basis of an average number of hours or a proportion of on-call time, taking account of experience in the sector concerned, by collective agreement or agreement between the social partners or by national legislation following consultation of the social partners.
Amendment 39 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a – subparagraph 3
Article 2a – subparagraph 3
The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively, unless otherwise provided for: (a) in a collective agreement or an agreement between the social partners; or (b) by means of national legislation following consultation of the social partners.
Amendment 48 #
2004/0209(COD)
Article 1 – point 2 a (new)
Directive 2003/88/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) In Article 5, paragraph 2a shall be added: "The minimum rest period referred to in the first paragraph shall in principle include Sunday."
Amendment 60 #
2004/0209(COD)
Article 1 – point 6
Directive 2003/88/EC
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) no worker who has given an agreement under this Article shall, over a period of seven days, work more than: (i) 60 hours, calculated as an average over a period of three months, unless otherwise provided for in a collective agreement or an agreement between the social partners and when the inactive part of on-call time is calculated in a specific manner in accordance with Article 2a.; or (ii) 65 hours, calculated as an average over a period of three months, in the absence of a collective agreement and when the inactive parts of on-call time is regarded as working time in accordance with Art. 2a without using the possibility of calculating it in a specific manner;