Activities of Elisabeth SCHROEDTER
Plenary speeches (262)
Enlarged Europe and its neighbours
Charging HGVs for infrastructure
Social legislation relating to road transport
Third report on economic and social cohesion
Enlargement / Candidate countries (continuation)
Development of the trans-European transport network
Failure to consult Parliament in connection with the TEN Quick Start projects
Question Time (Commission)
Implementation of Directive 96/71/EC
Services of general interest
Electronic road toll systems
A New Framework for Relations with our Eastern and Southern Neighbours
Arms exports
Cohesion policy
New Neighbours Initiative and The Wider Europe (continuation)
Preparation for the EU-Russia summit
Enlargement
Outcome of the European Council (Brussels, 21-22 March, 2003)
The neighbours of the enlarged Europe: a new framework for relations with the neighbours to the east and south
EU-Belarus relations
Vote
EBRD activities
EBRD activities
Vote
Preparation of the Copenhagen European Council (Copenhagen, 12-13 December 2002)
Vote
Progress report on enlargement
Vote
First progress report on economic and social cohesion
Preparatory work for the European Council in Brussels on 24-25 October
CFSP (Common Foreign and Security Policy)
General debate on the general budget of the European Union for the financial year 2003
Floods in Europe
Human rights
Human rights
Vote
Human rights
Enlargement of the Union
Trans-European transport network
Division of competences between the EU and the Member States
EU/Russia Summit – 28 May 2002
Moldova
Situation in Chechnya
Taiwan
Human rights
Enlargement
Human rights
Economic and social cohesion
Cluster bombs
Conflict prevention
Passenger transport by rail, road and inland waterway
Enlargement
EBRD: Community contribution to Chernobyl Shelter Fund
Classification of Territorial Units for Statistics (NUTS)
VOTE
Arms exports
Future of cohesion policy
VOTE
VOTE
Progress of the 12 candidate countries in 2000 (continuation)
Human rights
Human rights
Human rights in the world and EU fundamental rights
Human rights
Uncontrolled trade in light weapons
Conflict prevention and crisis management
Common strategy on Ukraine
Situation in Chechnya
Economic and social cohesion
Rapid reaction facility
Guidelines for innovative ERDF measures
Common strategy towards the Russian Federation
Stabilisation and Association Agreement with the Republic of Croatia
Common foreign and security policy – Afghanistan
Afghanistan
Vote
Progress towards accession by the 12 candidate countries
Progress towards accession by the 12 candidate countries
Racism
Nuclear submarine accidents
EU external action priorities (continuation)
Agenda
Structural Funds (1998)
Basic freedoms in Serbia and Kosovo
Security and defence
Trans-European networks (1998 Annual Report)
Vote
Human rights
Statement by the High Representative for Common Foreign and Security Policy
Human rights
Cyprus and Malta
Sustainable urban development – rural development – EQUAL initiative
Chechnya
Resumption of the session
Structural Funds – Cohesion Fund coordination
Annex: Inauguration ceremony for the Louise Weiss Building
Preparation of European Council of 10-11 December 1999 in Helsinki
Human Rights
Human Rights
Vote (continuation)
EC-Russia summit in Helsinki
Assessing the Community’s humanitarian actions and looking to the future
Human rights
Granting of supplementary macro-financial assistance
Financial crisis in Russia
Dagestan
Organisation of working time (debate)
Patients' rights in cross-border healthcare (debate)
United Nations Convention on the Rights of Persons with Disabilities - UN Convention on the Rights of Persons with Disabilities - Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (debate)
Equal treatment of persons irrespective of religion or belief, disability, age or sexual orientation (debate)
ERDF, ESF and Cohesion Fund: provisions relating to financial management - New types of costs eligible for a contribution from the ESF - Investments in energy efficiency and renewable energy for housing (amendment of Regulation (EC) No 1080/2006 on ERDF) (debate)
Explanations of vote
Bi-annual evaluation of the EU-Belarus dialogue (debate)
Green Paper on territorial cohesion and debate on the future reform of the cohesion policy - Regional policy best practice and obstacles to use of Structural Funds - Urban dimension of cohesion policy - Complementarities and coordination of cohesion policy with rural development measures - Implementation of the Structural Funds Regulation 2007-2013: results of negotiations on national cohesion strategies and operational programmes - A European initiative for the development of micro-credit in support of growth and employment (debate)
Preparation of the European Council (19-20 March 2008) - European Economic Recovery Plan - Guidelines for the Member States’ employment policies - Cohesion Policy: investing in the real economy (debate)
Risk to close down the company QIMONDA in Germany and Portugal and the loss of thousands of jobs in Europe (debate)
Organisation of working time (debate)
European Works Council (Recast version) (debate)
Explanations of vote
European Union Solidarity Fund: obstacles for its reform (debate)
Challenges to collective agreements in the EU (debate)
Reform programme of the Polish shipyards (debate)
Temporary workers (debate)
Situation in Belarus (debate)
Social package (First part) (debate)
Special Report from the European Ombudsman following the draft recommendation to the European Commission in complaint 3453/2005/GG (debate)
Employment Policy Guidelines for Member States (debate)
Progress made in equal opportunities and non-discrimination in the EU (debate)
Revision of Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council (debate)
Implementation of the posting of workers directive following the judgments of the Court of Justice (debate)
Cost of obtaining a visa for Belarusian and Ukrainian citizens (debate)
4th report on economic and social cohesion - Territorial Agenda and the Leipzig Charter (debate)
Belarus
Explanations of vote
The demographic future of Europe (debate)
Population and housing censuses (debate)
Common principles on flexicurity (debate)
Forest fires in Greece, their consequences and conclusions to be drawn for prevention and preparedness measures (debate)
EURES activity report 2004-2005: Towards a single European labour market (debate)
Reducing disparities in the poorest regions of the EU (debate)
Modernising labour law to meet the challenges of the 21st century (debate)
Posting of workers (debate)
Portability of supplementary pension rights (debate)
Housing and regional policy – Structural policies and EU cohesion – Future regional policy and innovation (debate)
Social services of general interest (debate)
Economic policy guidelines for 2007 – Member States’ employment policies (debate)
Establishing the European Globalisation adjustment Fund (debate)
Legislative and work programme of the Commission for 2007 (debate)
Moldova (Transnistria), Georgia (South Ossetia) (debate)
Posting of workers (debate)
Services of general interest (debate)
ERDF, ESF, Cohesion Fund (general provisions) – Establishment of a Cohesion Fund – European Social Fund – European Regional Development Fund – European grouping of territorial cooperation (EGTC) (debate)
Sustainable development strategy (debate)
Natural disasters: agricultural aspects – Natural disasters: regional development aspects – Natural disasters: environmental aspects – EU Solidarity fund (debate)
Natural disasters – environmental aspects (vote)
Financing instrument for development and economic cooperation – European Neighbourhood and Partnership Instrument – Instrument for Stability – Instrument for Pre-Accession Assistance (IPA) (debate)
Cohesion Policy in support of growth and jobs (debate)
Elections in Belarus (debate)
Guidelines for Member States’ employment policies – Broad economic policy guidelines for 2006 (debate)
Transitional arrangements restricting the free movement of workers on EU labour markets (debate)
Amended proposal for a directive on services in the internal market and Communication on Directive 96/71/EC (posting of workers in the framework of the provision of services) (debate)
Belarus – the political situation after the elections (debate)
Human rights in Moldova and in Transnistria in particular (debate)
Restructuring and employment (debate)
Relocation in the context of regional development (debate)
Free movement of workers and transition periods (debate)
Belarus in the run-up to the presidential elections on 19 March (debate)
Services (debate)
State aid reform (debate)
Homophobia in Europe
Informal meeting of the European Council
Latest statements by Mr McCreevy on the Vaxholm case
Belarus
Screening of the legislative proposals pending before the legislator
Health and safety at work: Exposure to optical radiation
Structural Funds
Members' Statute
Policy challenges and budgetary means
Economy, Employment, Social Policy
Organisation of working time
Social protection and good quality healthcare
Integrated package: BEPGs and Employment guidelines
Regional policy
Belarus
Social situation in the European Union
Elections in Moldova
Green Paper on admission for employment
Financial perspective (continuation)
Financial perspectives
Result of the referendum and elections in Belarus
Forthcoming elections in Ukraine
Situation in Belarus
European Union Solidarity Fund (debate)
Posting of workers in the framework of the provision of services (debate)
Implementation of the Youth Guarantee (debate)
Accessibility of public sector bodies' websites (debate)
Conditions of entry and residence of third-country nationals for the purposes of seasonal employment (debate)
Local and regional consequences of the development of smart grids (short presentation)
Respect for the fundamental right of free movement in the EU (debate)
Financing, management and monitoring of the CAP - European Agricultural Fund for Rural Development - Common organisation of the markets in agricultural products - Direct payments to farmers under support schemes within the framework of the CAP - Transitional provisions on support for rural development (debate)
Programme for social change and innovation (debate)
Common provisions on European funds - European Social Fund - European Regional Development Fund and the 'investment for growth and jobs' goal - European Regional Development Fund and the 'European territorial cooperation' goal - Cohesion Fund - European grouping of territorial cooperation (debate)
Common provisions on European funds - European Social Fund - European Regional Development Fund and the 'investment for growth and jobs' goal - European Regional Development Fund and the 'European territorial cooperation' goal - Cohesion Fund - European grouping of territorial cooperation (debate)
Decision on urgent procedure
EU citizens' mobility and Member States' welfare systems (debate)
Technical requirements and administrative procedures related to air operations (debate)
Recent floods in Europe (debate)
Fund for European aid to the most deprived (debate)
Regional State Aid (debate)
Regional State Aid (debate)
Regional State Aid (debate)
Decision on the opening of, and mandate for, interinstitutional negotiations on direct payments to farmers under support schemes within the framework of the CAP - 2011/0280(COD) - Decision on the opening of, and mandate for, interinstitutional negotiations on common organisation of the markets in agricultural products (Single CMO Regulation) - 2011/0281(COD) - Decision on the opening of, and mandate for, interinstitutional negotiations on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) - 2011/0282(COD) - Decision on the opening of, and mandate for, interinstitutional negotiations on financing, management and monitoring of the CAP - 2011/0288(COD) (debate)
Youth guarantee (debate)
Explanations of vote
Question Time (Commission)
Question Time (Commission)
Towards a job-rich recovery (debate)
Question Time (Commission)
Question Time (Commission)
Risk sharing instruments for Member States experiencing or threatened with serious difficulties with respect to their financial stability (debate)
Question Time (Commission)
Question Time (Commission)
Reprogramming of the structural funds to better combat youth unemployment and help SMEs (debate)
Question Time (Commission)
Question Time (Commission)
Explanations of vote
Surge in job dismissals in Europe as a result of the economic crisis in particular at Arcelor and Nokia (debate)
Agenda for new skills and jobs (debate)
Mobility and inclusion of people with disabilities (debate)
Future of the European Globalisation Fund - Amendment of Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund (debate)
Question Time (Commission)
Question Time (Commission)
5th cohesion report and strategy for the post-2013 cohesion policy - Implementation of cohesion policy programmes for 2007-2013 - European urban agenda and its future in cohesion policy - Objective 3: future agenda for cross-border, transnational and interregional cooperation - Increased effectiveness between ERDF and other structural funds (debate)
5th cohesion report and strategy for the post-2013 cohesion policy - Implementation of cohesion policy programmes for 2007-2013 - European urban agenda and its future in cohesion policy - Objective 3: future agenda for cross-border, transnational and interregional cooperation - Increased effectiveness between ERDF and other structural funds (debate)
A new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe (continuation of debate)
ILO Convention supplemented by a recommendation on domestic workers (debate)
Adequate, sustainable and safe European pension systems (debate)
Implementation of the EU strategy for the Danube region (debate)
Situation in Belarus
Territorial, social and economic cohesion - Good governance and EU regional policy (debate)
An agenda for new skills and jobs (debate)
Development aspects of the International Day for the Eradication of Poverty - Role of minimum income in combating poverty and promoting an inclusive society in Europe (debate)
EU cohesion and regional policy after 2013 - Future of the European Social Fund (debate)
Developing the job potential of a new sustainable economy (A7-0234/2010, Elisabeth Schroedter) (vote)
Explanations of vote
Floods in Central European countries, in particular Poland, the Czech Republic, Slovakia and Hungary (debate)
The organisation of the working time of persons performing mobile road transport activities (debate)
Explanations of vote
Implementation of the synergies of research and innovation earmarked funds in Regulation (EC) No 1080/2006 concerning the European Fund of Regional Development and the Seventh Framework Programme for Research and Development - Delivering a single market to consumers and citizens - Long-term sustainability of public finances for a recovering economy - Contribution of the Cohesion policy to the achievement of Lisbon and the EU 2020 objectives (debate)
One-minute speeches on matters of political importance
Europe 2020 - new European Strategy for Jobs and Growth (debate)
Question Hour with the President of the Commission
General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management (debate)
General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management (debate)
General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management (debate)
Explanations of vote
The cohesion policy after 2013 (debate)
European Microfinance Facility for Employment and Social Inclusion (Progress) (debate)
European Microfinance Facility for Employment and Social Inclusion (Progress) (debate)
The ratification and implementation of the updated ILO conventions (debate)
Question Hour with the President of the Commission
Mobilisation of the European Globalisation Adjustment Fund: Belgium - textile industry; Ireland - Dell - Relocation of undertakings in the EU and the role of EU financial instruments (debate)
Reports (12)
Report on Agenda 2000, Part one, Chapter II, Economic and Social Cohesion - Committee on Regional Policy PDF (70 KB)
Report on the comprehensive monitoring report of the European Commission on the state of preparedness for EU membership of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia - Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy PDF (301 KB) DOC (176 KB)
Recommendation on the application by the Republic of Latvia to become a member of the European Union - Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy PDF (181 KB) DOC (48 KB)
Report on Enlargement : Progress report - Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy PDF (271 KB) DOC (220 KB)
Report on the first progress report from the Commission on economic and social cohesion - Committee on Regional Policy, Transport and Tourism PDF (171 KB) DOC (88 KB)
Report on the state of enlargement negotiations - Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy PDF (518 KB) DOC (475 KB)
DOC (115 KB)
PDF (46 KB) DOC (74 KB)
PDF (112 KB) DOC (193 KB)
REPORT Report on the application of Directive 96/71/EC on the posting of workers PDF (199 KB) DOC (135 KB)
REPORT on the local and regional consequences of the development of smart grids PDF (238 KB) DOC (128 KB)
REPORT Report on developing the job potential of a new sustainable economy PDF (368 KB) DOC (252 KB)
Shadow reports (17)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards the financial allocation for certain Member States from the European Social Fund PDF (170 KB) DOC (89 KB)
REPORT on the amended proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Council Regulation (EC) No 1083/2006 PDF (3 MB) DOC (6 MB)
REPORT on the implementation and impact of the energy efficiency measures under Cohesion Policy PDF (216 KB) DOC (135 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the enforcement of directive 96/71/EC concerning the posting of workers in the framework of the provision of services PDF (697 KB) DOC (1 MB)
REPORT on regional policy as a part of wider State support schemes PDF (265 KB) DOC (168 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1081/2006 PDF (792 KB) DOC (1 MB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards certain provisions relating to risk-sharing instruments for Member States experiencing or threatened with serious difficulties with respect to their financial stability PDF (302 KB) DOC (379 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards repayable assistance and financial engineering PDF (216 KB) DOC (175 KB)
REPORT on demographic change and its consequences for the future cohesion policy of the EU PDF (230 KB) DOC (132 KB)
REPORT on the Agenda for New Skills and Jobs PDF (350 KB) DOC (225 KB)
REPORT on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020 PDF (325 KB) DOC (205 KB)
REPORT on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy PDF (349 KB) DOC (248 KB)
REPORT Report on atypical contracts, secured professional paths, flexicurity and new forms of social dialogue PDF (211 KB) DOC (128 KB)
REPORT Report on the implementation of the synergies of research and innovation earmarked Funds in Regulation (EC) No 1080/2006 concerning the European Fund of Regional Development and the Seventh Framework Programme for Research and Development in cities and regions as well as in the Member States and the Union PDF (236 KB) DOC (141 KB)
REPORT Report on the contribution of the Cohesion policy to the achievement of Lisbon and the EU2020 objectives PDF (188 KB) DOC (106 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1083/2006 concerning general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management PDF (333 KB) DOC (592 KB)
REPORT Report on the proposal for a decision of the European Parliament and of the Council establishing a European Microfinance Facility for Employment and Social Inclusion (Progress Microfinance Facility) PDF (304 KB) DOC (436 KB)
Opinions (4)
OPINION on the demographic future of Europe
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
OPINION on the proposal for a Regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
Shadow opinions (29)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport
OPINION on: Are tools in place to monitor the effectiveness of European Social Fund spending on older workers? (Court of Auditors Special Report 25/2012)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports
OPINION on the European Commission’s 7th and 8th progress reports on the EU Cohesion Policy and the Strategic Report 2013 on programme implementation 2007-2013
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure
OPINION on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards the financial allocation for certain Member States from the European Social Fund
OPINION on the proposal for a directive of the European Parliament and of the Council on the accessibility of public sector bodies' websites
OPINION on Eco-innovation – Jobs and Growth through environmental policy
OPINION on improving private international law: jurisdiction rules applicable to employment
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006
OPINION on the impact of the economic crisis on gender equality and women’s rights
OPINION on Small and Medium Size Enterprises (SMEs): competitiveness and business opportunities
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Council Regulation (EC) No 1081/2006
OPINION on optimising the role of territorial development in cohesion policy
OPINION on attractiveness of investing in Europe
OPINION on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
OPINION on a resource-efficient Europe
OPINION on the proposal for a regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
OPINION on the Agenda for new skills and jobs
OPINION on the EC 5th Cohesion Report and the Strategy for the post-2013 Cohesion Policy
OPINION Demographic change and its consequences for the future Cohesion policy of the EU
OPINION on energy infrastructure priorities for 2020 and beyond
OPINION on European Broadband: investing in digitally driven growth
OPINION on Innovation Union: Transforming Europe for a post-crisis world
OPINION Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Europe 2020 Flagship Initiative - Innovation Union
OPINION on the Report 2010 on the implementation of the Cohesion Policy programmes for 2007-2013
OPINION on developing the job potential of a new sustainable economy
OPINION on the Commission White Paper entitled ‘Adapting to climate change: Towards a European framework for action’
Written declarations (2)
Amendments (2167)
Amendment 1 #
2013/2173(INI)
Draft opinion
Recital A
Recital A
A. whereas population ageing, incentives for early retirementchanging workplaces and working conditions, the financial crisis and changes in production patterns require strong responses to enable older workers to remain active in the labour market by choice;
Amendment 10 #
2013/2173(INI)
Draft opinion
Recital C
Recital C
C. whereas the European Social Fund (ESF) is a key financial instrument intended to help Member States achieve EU employment policy and social inclusion objectives, and reliable data are necessary to assess how effectively ESF resources are spent;
Amendment 17 #
2013/2173(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States, for the next programming period, to apply and complement as appropriate the common indicators provided for in the ESF Regulation in order to establish how many older workers have gained new qualifications, improved their situation on the labour market or found a job after having benefited from projects financed by the ESFparticipated in ESF measures with a focus on workplace adaptation, acquisition of skills, improved labour market situation for the individual, or finding a job;
Amendment 19 #
2013/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to rely more on quantitative and quality data when analysing the socioeconomic situation of older workers and to provide for a causal link between actions identified within operational programmes and the objectives pursued;
Amendment 11 #
2013/2135(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that energy efficiency and renewable energy sectors could create five million jobs by 2020, as forecast by the Commission1; thus calls for three binding targets for emissions reduction, renewable energy share, and energy savings; points out that the transition to a low-carbon economy is expected to have very diverse effects in terms of the overall levels of skills required; recalls that the potential for green jobs is not only in new high- skilled sectors, but through-out the economy and in all skill levels; __________________ 1 Communication entitled ‘Towards a job- rich recovery’ (COM(2012)0173).
Amendment 13 #
2013/2135(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for measures to be taken to meet and match the skills composition needed in the newly created jobs and to meet new challenges in existing jobs that change their profile towards greener jobs; underlines that active labour market policies have to be targeted and designed to meet the need of the worker and the labour demand needs, in order to avoid the lack of qualified labour in emerging low- carbon technologies;
Amendment 23 #
2013/2135(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to address in the new framework the consequences of the economic crisis as regards the affordability of energy for final consumers – households and businesses; recognises that an ambitious energy savings target can lower energy bills for both households and businesses; and that an ambitious implementation of the Energy Efficiency of Buildings Directive could generate new employment in retrofitting existing buildings to ensure on-going benefits: urges Member States to use available EU funding for such purposes;
Amendment 4 #
2013/2128(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 11 #
2013/2128(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States and the region, regional and local authorities to invest as early as possible in local smart grids by boosting investments using the European Structural and Investment Funds (ESIF), including financial instruments to leverage private investment, taking into account the environmental, economic, social and territorial needs of the specific region, as there is no single solution for all regions; calls for a flexible approach at local level to reduce the barriers to combining measures for energy production, storage and efficiency, and to work with other sectors such as the information and communication technology (ICT) and transport sectors;
Amendment 17 #
2013/2128(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 25 #
2013/2128(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the role that smart meters have in enabling two-way communication, allowing for accurate billing for consumers and increasing demand-side participation, where consumers adjust their habits according to peaks and troughs in energy production; stresses that citizens must receive the full benefits of a smart energy system and that citizen ownership increases behavioural efficiency and thus overall greater energy saving; emphasises the need for high standards for smart meters in terms of data protection, data privacy, and for enabling citizens to decide and control the data which is given to the network operators; highlights the crucial role of DSOs who have the ultimate responsibility in guaranteeing network security and stability, and therefore must have direct access to consumption and production data in order to ensure efficient, safe and secure smart grid operations;
Amendment 30 #
2013/2128(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the ICT sector has a crucial role in a smart energy system grid, as in real-time digital communication between all elements of the smart grid, from production to transmission to the end- user, ICT allows the bi-directional flow of information in a grid; calls, therefore, on the regions to include the development of different commercially attractive, interoperable ICT technologies for the creation of a smart energy system in order to maximize energy savings in regional planning involving smart grids;
Amendment 33 #
2013/2128(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Strongly encourages all regions and local authorities to invest in smart energy systems as a potential source of local and sustainable jobs; highlights that the construction industry is one of the main areas where jobs will be created, not only through direct investments in smart energy grids, but also through investments in energy efficiency measures and renovations, for instance in the housing sector;
Amendment 44 #
2013/2128(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that regions which successfully implement a smart energy system can attract further jobs to the region in the form of specialised training through setting up technical universities and colleges expert in this area; calls on regions to cooperate on smart specialisation and welcomes schemes where knowledge is shared between regions and across borders;
Amendment 55 #
2013/2128(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need for improved data protection and privacy regulation and practice when smart metering systems are installed; emphasises that guaranteeing data protection and data privacy for all individuals and households connected to the grid is imperative to the functioning and deployment of smart grids; stresses that data gathered must only be used to ensure the security of electricity supply; calls on Member States to enforce data protection rules and to uphold individuals’ rights in this area; emphasises that citizens shall keep the ownership of their data and have full control as to whom they grant access to this data;
Amendment 4 #
2013/2042(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, in a time of increasing demand for social services, financial pressure on regional and local authorities due to financial constrains may have a negative effect on social cohesion and employment,sustainable employment, making it harder for regional and local authorities to tackle problems like poverty and social exclusion and therefore preventing the achievement of the Europe 2020 goals;
Amendment 8 #
2013/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the simplification of procedures and increased accessibility of the European Social Fund, in particular for smaller projects at local level, which allows for a better and faster response to the challenges posed by the current economic situation; highlights in this context the importance of the new instrument for community led local actions, which would allow action groups at local level to create and implement local employment strategies; calls upon Member States to provide this opportunity in the ongoing programming process in order to make use of the great potential for innovation of local action groups;
Amendment 11 #
2013/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the special role of the ESF in implementing the Europe 2020 strategy, in particular by contributing to high levels of employment, productivity andsustainable employment, combating poverty and social exclusion and increasing social cohesion;
Amendment 16 #
2013/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that cohesion policy is an important factor boosting public and private investment, thus contributing to economic growth in the Union as a whole and not only in the regions directly benefitting from it for sustainable development and social cohesion; calls on Member States to ensure that local actors are, even in times of crisis, still provided with the necessary financial resources in order to be able to use EU Structural Funds;
Amendment 22 #
2013/2042(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that local economy is a key factor for recovery for communities, which is important in the current situation of crisis; highlights in this context particularly the economic and social effects of the social economy for improving the social cohesion at local level; calls upon Member States to provide funding opportunities for the social economy in the Structural Funds for the period 2014-2020;
Amendment 23 #
2013/2042(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the role that local and regional authorities could play in enhancing sustainable growth and job creation, restoring the social fabric and promoting renewable energy sources, smart grids and sustainable mobility;
Amendment 24 #
2013/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that EU economic governance should be flexible enough to allow for the pro-sustainable growth and job- creating investments supported by cohesion policy, in order to tackle the enormous rate of youth unemployment and fight poverty and social exclusion;
Amendment 28 #
2013/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the necessity of increasing the participation of local and regional authorities and other partners in programming, implementation, monitoring and evaluation of the Funds, which would guarantee a better link between EU, national and regional strategies;
Amendment 33 #
2013/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for further simplification of rules and increased flexibilittransparency in Structural Funds programming and management, which would allow for better implementation of projects as well as quicker and more adequate responses to social challenges and threats.
Amendment 14 #
2013/2038(INI)
Motion for a resolution
Recital D
Recital D
D. whereas investment in EE canwill bring extensive economic, social and environmental returns;
Amendment 18 #
2013/2038(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a timely and effective implementation of the Energy Efficiency Directive can significantly reduce energy consumption, restrictdecrease dependence on imports of fossil fuels, encourage energy independence, create new jobs, provide social protection and eradicate energy poverty;
Amendment 27 #
2013/2038(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that in the current period of crisis and where the Union imports over 50% of its energy needs, improving EE can prove to be a decisive means of boosting competitiveness of the Union and the creation of jobs and growth at local and regional level, and represents a win- win and no regrets option in the fight against climate change;
Amendment 32 #
2013/2038(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the EU's commitment to achieve the objective of increasing EE by 20 % until 2020; notes with concern that current estimates of energy saving efforts undertaken or announced by Member States show that only a 9 % improvement can be reached; urges, in this regard, the Member States to put further efforts towards achieving the EU2020 objective, and to pave the way for further savings beyond this date;
Amendment 40 #
2013/2038(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the importance of cohesion policy, and of the financial resources allocated to it, for the full development of smart grids and intelligent networks which result in more efficient energy systems across the regions, reducing energy consumption and energy loss;
Amendment 46 #
2013/2038(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that currently over 9 % of EU citizens cannot keep their homes adequately warm; notes that fuel poverty is particularly severe in new Member States and is in most cases due to poorly performing homes; calls on the Commission to examine in detail the link between EE promotion, fuel poverty and vulnerable consumers; stresses that savings made through EE measures must be passed on to consumers in their final bills;
Amendment 58 #
2013/2038(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the 2009 relaxation of European Regional Development Fund (ERDF) regulations regarding energy efficiency, making housing eligible for support in all parts of EU, with a cap of 4 %; notes with concern that, in practice, in many Member States this policy action has not resulted in a substantial increase of funds diverted to this objective; notes that some Member States reject this opportunity in principal, whereas in others a significant correlation has been found between low absorption of funds and weak administrative functions; points at the importance of legal clarity regarding EE measures before the start of the new programming period 2014-2020;
Amendment 69 #
2013/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly maintains its position in the ongoing negotiations on the ERDF regulation regarding the earmarked percentages to be used on specific thematic objectives for each category of regions, which would guarantee an important increase in the EE allocations and renewable energy resources; recalls that earmarking isambitious minimum shares are crucial for easier mobilisation of local actors and helps create stable, long-term renovation programmes;
Amendment 77 #
2013/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to align their national, regional and local energy and climate strategies with EU long-term climate objectives; specifically, encourages the Member States to strengthen relations between their respective National Energy Efficiency Action Plans and the OPs with a view to ensuring that European Structural and Investment Funds will be part of a coherent strategy while still responding to territorial needs; points out that this could be enhanced within the new framework of ex- ante conditionalities;
Amendment 105 #
2013/2038(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the importance of the use of innovative financial instruments as a way to fully leverage investments in EE in private housing, in particular on the use of financial instruments in housing to combine the aim of energy efficiency with the social dimension;
Amendment 110 #
2013/2038(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights with concern that the current economic and financial crisis, and the extensive austerity measures implemented across the EU, have made it increasingly difficult for the Member States to find the funding needed to co-finance Cohesion Policy programmes related to EE; finds it essential, in this regard, that new innovative ways of financing EE projects are founddeveloped; calls on Member States to remove existing barriers on access to finance and to create new targeted financial instruments within the Cohesion Policy, such as microcredits, and give the opportunity to combine it with other budget lines under the IEE programme to fully leverage investments in EE;
Amendment 114 #
2013/2038(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to improve further the targeted financial support of the European Investment Bank (EIB) and, the European Bank for Reconstruction and Development (EBRD), the Council of Europe Development Bank and the European Energy Efficiency Fund (EEEF) for EE projects; calls on the EIB, the Council of Europe Development Bank (CEB) and the EBRD to form a joint working group to study alternatives for new FI, which can be made available to the Member States together with or through their National Energy Efficiency Funds to stimulate additional private sector investment;
Amendment 137 #
2013/2038(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes note of the latest Court of Auditors report on the cost-effectiveness of cohesion policy investments in EE; highlights the Court's recommendation of using transparent and stricter selection criteria for projects both at the EU and Member State level; agrees with the Court's conclusion that assessment criteria used to make an investment decision must be clearer and more precise as regards to how EE aspects are to be considered in order to prevent investments being made on general modernisation instead of targeted EE measures;
Amendment 138 #
2013/2038(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes, however, that the Court's assessment is rather restrictive in terms of a sample and payback periosize across four operational programmes in three Member States, payback period, dates of the projects, making it difficult to extrapolate to the policy as a whole; highlights that energy efficiency policy has developed significantly in recent years since the audited programmes were negotiated; stresses that the Cohesion Policy is an integrated policy and, thus, that a comprehensive approach, based on life- cycle cost analysis, needs to be adopted when carrying out assessments of projects;
Amendment 139 #
2013/2038(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Notes the reply of the Commission to the findings of the Court of Auditors, in particular the conclusion that there might be a conflict of interest between the results of a 'needs assessment' and a 'cost-effectiveness' approach, and that an assessment of needs might lead to a different prioritisation, that it is important to take an integrated approach for investment in public buildings and that deep renovations may need longer pay back times;
Amendment 142 #
2013/2038(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Points out that energy consumption in buildings constitutes the largest share – 40 % – of total final energy consumption in the EU and produce 36% of the Union's CO2 emissions; regrets that most Member States fall short when it comes to making full use of the energy saving potential of buildings; calls on the Commission to find ways to guarantee that the greatest energy saving potential will not remained untapped;
Amendment 145 #
2013/2038(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that energy saving potential, which largely depends on the condition of existing building stock, is not equally spread among the Member States; calls on the Member States to refine their definition of 'decent housing' to include energy-efficiency standards;
Amendment 147 #
2013/2038(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Highlights the importance of energy efficiency in social housing; calls on Member States to permit energy savings to be made through the modernisation of social housing stock which will combat energy poverty; advocates making priority investment in energy efficiency and in the use of renewables in social and affordable housing; urges Member States to adopt integrated measures, based on local energy audits, both in the private and public sector, in particular through the use of the use of effective, long-term financial leverage to make residential buildings more energy efficient, in both urban and rural areas, while ensuring that this does not lead to a significant increase in housing costs for tenants once energy savings have been taken into account; calls on the Commission to coordinate these efforts and to examine the possibility of introducing incentive measures;
Amendment 2 #
2013/2008(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stress that GDP should remain one of the main criteria for determining eligibility for regional policy assistance, but that this must be complemented by other indicators for identification of the most vulnerable regions; underlines that GDP alone does not have the capacity to provide a comprehensive picture of regional development and social cohesion as it fails to take account of relevant social factors such as income disparities and unemployment.
Amendment 5 #
2013/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the high proportion of early school-leavers in some regions is significantly above the target of 10 % and that early school-leavers must receive an offer answering their needs, be it education, training or work; refers in this context to the importance of the Youth Guarantee for early-school leavers; stresses that in order to reduce the number of early school leavers is it important that the education system is inclusive, offering equal chances to all young people; stresses that a solution must therefore be found to the problem of integrating poorly-trained young people into the labour market, taking into account the fact that the lack of qualifications leads tocan increase the risk of unemployment, which in turn results inincreases the poverty risk;
Amendment 11 #
2013/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that employment in some regions remains below 60 % and that some regions are missing their national targets by a factor of 20-25 %, which is having a particularly adverse effect on young people, women, old people and people with disabilities; keeping such people stresses that certain crisis measures have an adverse effect on cohesion and fundamentally increased inequalities in the EU; stresses that keeping high risk groups in employment or creatin g employment options for them requires specialtargeted measures, particularly as addressing job creation, training opportunities and job retention; stresses that unemployment has been a feature of somecertain isolated settlements for generations, and this poses a particular threat to marginalised communities;
Amendment 15 #
2013/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises with regard to the ‘'urban paradox’' that the number of families on the brink of poverty, suffering material deprivation, environmental degradation and poor housing conditions, having very low work intensity and threatened by exclusion – primarily single-parent families, carers of disabled family members or older people close to retirement for whom access to equal opportunities must be particularlyand energy poverty is in many cases higher in the regions around capital cities which, according to the indicators, are classified as developed; deems important in this regard to taken into account, including the issue of physical accessibility and access to information and communication media, the achievement of which must be assessed using objective, comparable indicators, taking into account the demographic challenges – is in many cases higher in the regions around capital cities which, according to the indicators, are classified as developed.;
Amendment 13 #
2013/0390(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings.
Amendment 21 #
2013/0390(COD)
Proposal for a directive
Article 1
Article 1
Directive 2008/94/EC
Article 1 – paragraph 3
Article 1 – paragraph 3
Article 1(3) is replaced by the following: ‘3. Where such provision already applies in their national legislation, Member States may continue to exclude domestic servants employed by a natural person from the scope of this Directive.’deleted.
Amendment 23 #
2013/0390(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Directive 2002/14/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Member States may derogate fromimplement this Directive through particular provisions applicable to and adapted to the need of the crews of vessels plying the high seas, provided that such particular provisions guarantee an equivalent level of protection of the right to information and consultation and its effective exercise by the employees concerned. Member States are obliged to inform the concerned Social Partners and the European Commission about these provisions.
Amendment 25 #
2013/0390(COD)
Proposal for a directive
Article 4 – point 3
Article 4 – point 3
Directive 98/59/EC
Article 4 – paragraph 1a (new)
Article 4 – paragraph 1a (new)
When projected collective redundancies of members of a crew, are carried out in connection with or deriving from a transfer of a seagoing vessel, Member States may, after consulting the social partners, grant the competent public authority the power to derogate, in full or in part, from the period provided for in paragraph 1 in the following circumstances: (a) the object of the transfer consists exclusiimplement this Directive through particular provisions applicable to the crews of vessels plying the high sea, provided that such particular provisions guarantee an equivalent levely of protectione or more seagoing vessels, (b) the employer only operatf the rights of the employees cone seagoing vesselcerned.
Amendment 28 #
2013/0390(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 3
Article 5 – paragraph 1 – point 3
Directive 2001/23/EC
Article 1 – paragraph 4 (new)
Article 1 – paragraph 4 (new)
Amendment 9 #
2013/0303(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In connection with the modernisation and restructuring of the fleets, social measures, including early and preventive measures, should be envisaged to help workers who wish to leave the inland waterway industry or to retrain for jobs in another sector, together with measures to encourage the establishment of groupings of undertakings, improve operators' skills and promote the adaptation of vessels to technical progress.
Amendment 10 #
2013/0303(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Article 8 of Regulation (EC) No 718/1999 should therefore be complemented by measures aimed at establishing training or retraining schemes for crew other than those who qualify as ‘workers’ leaving the industry, encouraging operators to join trade associations, strengthening professional associations and encouraging the innovation of vessels and their adaptation to technical progress as regards the environment and climate protection and be amended accordingly,
Amendment 11 #
2013/0303(COD)
Proposal for a regulation
Article 1
Article 1
Regulation (EC) No 718/1999
Article 8 – indent 1
Article 8 – indent 1
– make it easier for inland waterway carriers leaving the industry to obtain an early retirement pension or to transfer to another economic activityactivity, by providing comprehensive information, among other measures,
Amendment 13 #
2013/0303(COD)
Proposal for a regulation
Article 1
Article 1
Regulation (EC) No 718/1999
Article 8 – indent 3
Article 8 – indent 3
– improve skills among actors especially employees and operators in inland navigation in order to safeguard the development and future of the profession,
Amendment 16 #
2013/0303(COD)
Proposal for a regulation
Article 1
Article 1
Regulation (EC) No 718/1999
Article 8 – indent 6
Article 8 – indent 6
– encourage innovation of vessels and their adaptation to technical progress as regards the environment and climate protection.
Amendment 6 #
2013/0157(COD)
Draft opinion
–
–
The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments into its report:propose rejection of the Commission proposal.
Amendment 9 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited toinclude at least a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required iensofar asuring that these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 13 #
2013/0157(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users.
Amendment 15 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the full power to ensure an adequathe level of social protection for the staff of undertaking providing port services in full autonomy and line with subsidiarity. This Regulation shall not affect the application of thcurrent or future social and labour rules of the Member States. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to ask the chosen service operator to apply thethe competent authorities are invited to advocate to the chosen service operator the full application of the relevant provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11. __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 25 #
2013/0157(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, health and safety, training and qualifications, EU policy on low sulphur fuels, improving diversity by increasing attractiveness of the sector to underrepresented groups such as young workers and female workers. The Commission should facilitate the negotiations, support and monitor them closely. If no clear agreement is reached by 2016, the Commission should consider whether it is appropriate to come forward with a legal proposal.
Amendment 37 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The minimum requirements provided for in paragraph 1 may only relate, where applicable, to:
Amendment 38 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the professional qualifications of the port service provider, its personnel or the natural persons who effectively and continuously are managing the activities of the port service provider;
Amendment 39 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons, including the provisions on health and safety at work which apply to the port concerned;
Amendment 45 #
2013/0157(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 (new)
Article 5 – paragraph 2 – subparagraph 2 (new)
Amendment 52 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the availability and quality of the service without interruption during the day, the night, the week and the year;
Amendment 58 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall not affect the application of the current or future social and labour rules of the Member States.
Amendment 60 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port mayshall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 23 #
2013/0029(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area establishes a single European railway area with common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market. With all these elements in place, it is now possible to complete the opening of the Union railway market and reform the governance of infrastructure managers with the objective of ensuring equal access to the infrastructure in order to improve the quality of rail services Europe-wide while safeguarding social standards and employment conditions.
Amendment 31 #
2013/0029(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Granting Union railway undertakings the right of access to railway infrastructure in all Member States for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting such right of access where it would compromise the quality of the service and the availability also in remote areas or the economic equilibrium of those public service contracts and where approval has been given by the relevant regulatory body.
Amendment 34 #
2013/0029(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to determine whether the quality of a service provided in the framework of the public service contract would be compromised by a freely provided service in the same network, the control bodies need to take into consideration the effects on the network, the maintenance of the connections, punctuality, availability, affordability and accessibility of the services provided for in the framework of the public service contract.
Amendment 35 #
2013/0029(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to increase the attractiveness of railway services for passengers, Member States should be in a position to require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through-tickets and reservations. If such a scheme is established, it should be ensured that it does including all social requirements. The ticket-service should not create mbarket distortion or discriminate between railway undertakingsriers for people with disabilities, elderly people, families or people which need special support.
Amendment 40 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The opening-up of the market for passenger rail services and the development of a Single European Railway Area should under no circumstances lead to a deterioration in working conditions in the sector or social dumping. With that in view, conditions governing the opening-up of the markets, in particular the requirement that Member States must conclude collective agreements applicable throughout their territory, should be laid down.
Amendment 61 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
In order to determine whether the economic equilibrium and the availability and quality of a public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis, social and environmental analysis, including an analysis of the employment conditions, and base its decision on pre-determined criteria. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):
Amendment 65 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7 – point 1
Article 1 – point 7 – point 1
Directive 2012/34/EU
Article 13a – paragraph 1
Article 13a – paragraph 1
Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU , Member States mayshall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.
Amendment 69 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable regulatory bodies concerned to assess the potential economic, social and environmental impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within five days.
Amendment 34 #
2013/0028(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union market for international passenger transport services by rail has been opened to competition since 2010. In addition, some Member States have opened their domestic passenger services to competition, by introducing open access rights or tendering for public service contracts or both, while respecting the Protocol No26 of the TFEU.
Amendment 37 #
2013/0028(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) When competent authorities organise their public passenger transport services they need to ensure that public service obligations and the geographical scope of public service contracts are appropriate, necessary and proportionate to achieve the objectives of the public passenger transport policy in their territory, and that the social objectives of the TEU, the Charter of Fundamental Rights, the Protocol No26 of the TFEU as well as the UN- Convention on the rights of people with disabilities are respected. This policy should be set out in multimodal public transport plans leaving scope for market based transport solutions based on the needs of users, including families, elderly and disabled people. The process of defining such multimodal public transport plans and public service obligations should integrate an economic, social and ecological dimension and be made transparent to relevant stakeholders including potential market entrants.
Amendment 38 #
2013/0028(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure sound financing to meet the objectives of public transport plans, competent authorities need to design public service obligations to attain public transport objectives in a high-quality and cost-effective manner taking account of the compensation for the net financial effect of those obligations and they need to ensure long- term financial sustainability of public transport provided under public service contracts.
Amendment 40 #
2013/0028(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) It needs to be ensured that cost- effectiveness is not reached at the expense of the quality of the service provided or on the expenses of the working conditions of the employees; in order to ensure this, social criteria need to be included in the tendering process.
Amendment 41 #
2013/0028(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is particularly important that competent authorities comply with these criteria for public service obligations and the scope of public service contracts if the market for public passenger transport by rail is to run smoothly and shall meet the needs of its customers, while at the same time respecting the rights of employees in the sector, because open access transport operations need to be well coordinated with those under public service contract. For this reason, the independent rail regulatory body should ensure that this process is correctly applied and transparent.
Amendment 42 #
2013/0028(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Certain upper limits for the direct award of public service contracts need to be adapted for rail transport to the specificocial and territorial requirements of services of general interest and the economic conditions under which tender procedures take place in this sector.
Amendment 46 #
2013/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on competitive tendering for public service contracts in this sector which respect also the social objectives and the services of general interest obligations set out in the TEU and the TFEU, to be applied in a harmonised manner in all Member States.
Amendment 47 #
2013/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In view of creating framework conditions for enabling all members of society to fully reap the benefits of effective opening of the marketfrom a high-quality offer for domestic passenger transport services by rail that are in line with the social objectives set out in the TEU and the objectives regarding services of general interest as set out in the Protocol No26 of the TFEU, it is important that Member States ensure an adequate guarantee a high-level of social protection and good working conditions for the staff of public service operators, respecting collective agreements in the sector.
Amendment 55 #
2013/0028(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Consistent with the internal logic of Regulation (EC) No 1370/2007, it should be made clear that the transitional period until 2 December 2019 refers only to the obligation to organise competitive tendering procedures for public service contracts. The transitional period will allow Member States to ensure that tendering processes respect the social objectives, as well as social and territorial cohesion as set out in the TEU and the Protocol No 26 of the TFEU.
Amendment 57 #
2013/0028(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Preparing railway undertakings for mandatoryoptional competitive tendering for public service contracts and ensuring adequate level of social protection and good working conditions for the staff of public service operators in the concerned Member State requires some extra time to allow effective and sustainable internal restructuring of companies to which such contracts were directly awarded in the past. Transitional measures are thereforin any case necessary for contracts directly awarded between the date of entry into force of this Regulation and 3 December 2019.
Amendment 58 #
2013/0028(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Once opening of the market for domestic passenger transport services by rail is achieved, as competent authorities may need to take measures to ensure a highn adequate level of competition by limiting the number of contracts that it awards to one railway undertaking, adequate provisions should be provided for.
Amendment 60 #
2013/0028(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
Amendment 64 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point b
Article 2a – paragraph 1 – point b
basic requirements to be fulfilled by public transport offer such as accessivailability, accessibility, affordability, territorial connectivity, security, modal and intermodal interconnections at main connecting hubs, offer characteristics such as times of operation, frequency of services and minimum degree of capacity utilisation;
Amendment 65 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point c
Article 2a – paragraph 1 – point c
quality standards related to items such as equipment features of stops and of rolling stock, punctuality and reliability, cleanliness, customer service including services for children, families and elderly people, support and information, complaint handling and redress, monitoring of service quality and all necessary services to ensure the accessibility in line with the UN-Convention for people with disabilities;
Amendment 66 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point d
Article 2a – paragraph 1 – point d
Amendment 68 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – point e
Article 2a – paragraph 1 – point e
operational requirements such as transport of bicycles, prams, wheel chairs, luggage as well as traffic management, contingency plan in case of disturbances.
Amendment 73 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – subparagraph 3
Article 2a – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least transport operators, infrastructure managers if appropriate, and representative passenger and employee organisations and organisations representing people with disabilities and elderly people.
Amendment 78 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 4 – point a
Article 2a – paragraph 4 – point a
achieve the objectives of the public transport plan in the most cost-effective mannerefficient manner at high-quality, including the accessibility in social und territorial terms;
Amendment 79 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 4 – point b
Article 2a – paragraph 4 – point b
financially sustain the provision of public passenger transport in accordance to the requirements laid down in the public transport plan in the long term and in an integrated approach.
Amendment 81 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 5 – subparagraph 2
Article 2a – paragraph 5 – subparagraph 2
The competent authority shall in an appropriate manner consult relevant stakeholders such as a minimum, transport operators, infrastructure managers if appropriate and representative passenger and employee organisations and organisations representing people with disabilities and elderly people on these specifications and take their positions into consideration.
Amendment 84 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 1370/2007
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
In the case of public service contracts not awarded according to Article 5(3), these parameters shall be determined in such a way that no compensation payment may exceed the amount required to cover the net financial effect on costs incurred and revenues generated in discharging the public service obligations, taking account of revenue relating thereto kept by the public service operator and a reasonable profit and the amount necessary for investments needed to improve the availability, accessibility and the quality of the passenger services;
Amendment 90 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Where competent authorities, in accordance with national law, shall require public service operators to comply with certain quality and social standards or establish social and qualitative criteria, thes, social and environmental standards. According to national law, social, environmental and qualitative standards and criteria shall be included in the tender documents and in the public service contracts.
Amendment 96 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point ba (new)
Article 1 – point 4 – point ba (new)
Regulation (EC) No 1370/2007
Article 5 – paragraph 6a (new)
Article 5 – paragraph 6a (new)
(ba) on the basis of a detailed technical report drawn up no later than 24 months before the end of the current contract, sent to the independent national regulatory authority, and covering the following criteria: - network complexity requiring a global multimodal approach owing to the density of the railway system in the geographic area concerned and the frequency of services or owing to the railway system having technical specifications which differ considerably from traditional standards; - an economic dimension which enables the viability of a public service contract to be justified by balancing profitable areas against non-profitable ones and/or productivity gains and operator performance improving in line with the competent authority's expectations; - greater customer satisfaction with the current public service contract as set out in the annual report referred to in Article 7(1) of this Regulation. The independent national regulatory authority shall rule on the validity of the competent authority's request on receipt of this report. The opinion of the independent national regulatory authority shall be binding and immediately applicable.
Amendment 100 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Competent authorities may decide that, in order to increase competition between railway undertakings, contracts for public passenger transport by rail covering parts of the same network or package of routes shall be awarded to different railway undertakings. To this end the competent authorities may decide before launching the tender procedure to limit the number of contracts to be awarded to the same railway undertaking. However, this may not have the effect of making the services less accessible to passengers, of creating or aggravating any barriers or of reducing the scope of the services.
Amendment 101 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 5 – paragraph 1
Article 1 – point 5 – paragraph 1
Regulation (EC) No 1370/2007
Article 5a – paragraph 1
Article 5a – paragraph 1
Amendment 103 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 5 – paragraph 4
Article 1 – point 5 – paragraph 4
Regulation (EC) No 1370/2007
Article 5a – paragraph 4
Article 5a – paragraph 4
Amendment 105 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 7 – point a
Article 1 – point 7 – point a
Regulation (EC) No 1370/2007
Article 7 – paragraph 1
Article 7 – paragraph 1
Each competent authority shall make public once a year an aggregated report on the public service obligations for which it is responsible, the starting date and duration of the public service contracts, the selected public service operators and the compensation payments and exclusive rights granted to the said public service operators by way of reimbursement. The report shall assess performance in terms of compliance and specify all transport service indicators, including punctuality, reliability, cleanness, user satisfaction as measured by public opinion polls, and the minimum capacity utilisation rate. The report shall distinguish between bus transport and rail transport, allow the performance, quality and financing of the public transport network to be monitored and assessed and, if appropriate, provide information on the nature and extent of any exclusive rights granted. Member States shall facilitate central access to these reports, for instance through a common web portal.
Amendment 10 #
2013/0000(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 11 #
2013/0000(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Communication from the Commission on “Think Small First”- A “Small Business Act” for Europe, (COM(2008)0394),
Amendment 12 #
2013/0000(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the legal basis for the new proposals, as stipulated by Article 109 TFEU, provides only for consultation of Parliament, not the ordinary legislative procedure; whereas Parliament has no say in the adoption of the guidelines on regional State aid for 2014-2020;
Amendment 13 #
2013/0000(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the most common forms of State support schemes take the form of grants and subsidies, tax deductions, waivers, incentive awards, soft loans, guarantees, preferential borrowing rates, and equity participation granted by national, regional and local government as well as by publicly controlled entities and through an increasing number of forms of public-private partnership;
Amendment 22 #
2013/0000(INI)
1. Takes the view that the implementation of both the Cohesion Policy and the rules on State support schemes to reinforce local and regional investments are of key importance for promoting economic, social and territorial cohesion, regional and local development, industrialsmart, sustainable and inclusive growth and job creation; is, however, concerned about whether the State aid rules are coherent with the implementation of the European Structural and Investment Funds;
Amendment 28 #
2013/0000(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the State aid rules, as well as the Cohesion Policy objectives, should lead to improving the situation of the less-developed regions, and that the SAM process must reflect the objectives of cohesion throughout the EU; believes that the modernisation of competition rules must be based on understanding the impact of these rules at sub-national level on one hand and prevent subsidy races of businesses on the other hand;
Amendment 33 #
2013/0000(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s aim in the SAM process to make the principles clearer, more straightforward and easier; takes the view that these principles should be both well coordinated with other EU policies and sufficiently clear, predictable and flexible to meet the needs of certain Member States and their regions facing a time of crisis and severe economic hardship; reiterates its recognition of the role played by State aid in addressing the crisis; expresses its concern that the proposal, as published for consultation, is not sufficiently evidence-basedcomplementary to Cohesion Policy in particular in relation to the rules for preventing relocation and will go against the objective of simplification;
Amendment 40 #
2013/0000(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that the geographical zoning of the new Guidelines on Regional State Aid 2014-2020 (RSAG) should not be reduced, and that decreasing the aid intensity should be reconsidered, taking into account the political, economic and social situation in the Member States; points out that, in the global context, the EU economy could be placed at a disadvantage relative to third countries benefitting from looser employment schemes or lower costs;
Amendment 90 #
2013/0000(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the application of State aid rules within Cohesion Policy programmes could be better achieved by focussing on large-scale aid, simplifying rules, increasing the de minimis ceiling, and extending the horizontal categories in the Enabling Regulation and the scope of the block exemption rules in the General Block Exemption Regulation;
Amendment 98 #
2013/0000(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that application of the State aid rules within the Cohesion policy programmes in infrastructure projects exploited for economic activities, namely after the above-mentioned ruling of the Court of Justice in joint cases Mitteldeutsche Flughafen and Flughafen Leipzig/Halle v Commission, may lead to a greater administrative burden being imposed on local and regional authorities and/or their public entities; stresses that the implementation of these projects may be jeopardised by the demanding financial management rules, including the de- commitment rules pertaining to the Cohesion Policy and the complaint practice in the State aid procedure;
Amendment 107 #
2013/0000(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that certain, newly proposed rules in the draft RSAG for 2014-2020 – such as counterfactual scenarios, clear evidence that the aid has an impact on the investment choice, or the condition that work on the project must not start before a decision to award aid is taken by public authorities – which the Commission would like to impose in the coming period – both on companies applying for incentives and on the Member States and their sub- national government structures – go against the principle of simplification and ‘debureaucratiswill improve the capacity for selection of operation’s as promoted in the Cohesion Policy and other EU and national policies; reiteratnd the effectiveness of spending; recognises that such rules may mean that certain projects will be excluded from investment aid;
Amendment 116 #
2013/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is of the opinion that excluding large enterprises companies from State aid rules in areas covered by Article 107(3)(c) TFEU is not justified given their contribution to employment, the supply- chains that they create with SMEs, their common involvement in research and development, and the role they play in the economic crisis; takes the viewworth being considered given the lack of incentive effect for large enterprises as evidence suggests; recalls, however, that the presence of large undertakings is often key to the success of SMEs that benefit from clusters led by large companies and from their sub- contracting activities; underlines that such a decision may lead to job losses and reduced economic activity in the regions and to the relocation of companies to other regions either within and outside the EU;
Amendment 128 #
2013/0000(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the eligibility of large enterprises for State aid incentives should be determined not only on the basis of the size of the enterprise or the sector in which it operates but also on the basis of the number of jobs that could be created under the incentive, the quality and the sustainability of these jobs or the sustainability of the project as a whole including the long term effects for the development of the concerned region; stresses that, in compliance with the principle of subsidiarity, decisions to determine which particular projects have the highest potential to achieve the objectives of EU policies should be left to the Member States, the regions concerned and local governments;
Amendment 3 #
2012/2324(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to its resolution of 21 October 2008 on monitoring the application of Community law – 24th annual report from the Commission (2008/2046(INI)),
Amendment 7 #
2012/2324(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, due to the financial and structural crisis in Europe, the level of unemployment among many groups, in particular young people, including those with disabilities, and older peoplediscrimination against people on account of their religion or conviction, disability, age or sexual identity is increasing with unacceptable speed, threatening social peace, and solidarity in many countrieswhereas this cannot be accepted, for reasons of international human rights law and in the interests of respect for the dignity of every human being;
Amendment 11 #
2012/2324(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Union law does not coveron discrimination effectively in most arurgently needs to be supplemented, particularly by means of Union competence with regard to the different grounds of discrimination and the diverse situations of the people concerneda directive affording legal protection on the basis of the four grounds of discrimination religion or conviction, disability, age or sexual identity, including outside employment and occupation, because discrimination for example in the field of mobility or the right to housing also adversely affects occupation and employment;
Amendment 15 #
2012/2324(INI)
Motion for a resolution
Recital I
Recital I
I. whereas other distinguished studies and publications show that, despite basically coveringhow very prevalent direct and indirect discrimination arising from the four grounds of discrimination (religion or belief, disability, age and sexual orientation), the Directive has so far mainly been referred to in cases of age-related discrimination is and what material and financial consequences this has for the persons concerned and for society, particularly because discrimination impairs career opportunities and moreover can also harm health;
Amendment 17 #
2012/2324(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that, while more in-depth analysis and robust, recent data are currently not available, the latest surveys on the perception of discrimination in the European Union confirm that discrimination in the field of employment is considered to be more widespread than in other areas of life8; calls on the Commission, in its report, to analyse in depth the shortcomings in the transposition of Directive 2000/78/EC in the Member States and to penalise those Member States which display no readiness to fully transpose the directive on protecting victims of discrimination;
Amendment 24 #
2012/2324(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that human rights serve the interests of all people and are the safeguards not only of peace, harmrecognition of human rights and active participation in society by everybody serve the interests of all people; observes that, in times of democratic change, the European Union cannot afford to exclude people from the labour market ony and justice in society, but also of a much stronger and flexible European Union in the future, with higher levels of employment and more sustainable population change and consumption patternsccount of their personal characteristics; observes that businesses whose business plan promotes diversity derive an economic advantage from this; calls, therefore, on all businesses in the EU to adhere to this exemplary practice;
Amendment 26 #
2012/2324(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the general principle of transfer of the burden of proof in favour of victims of discrimination, which is provided for in Directive 2000/78/EC, has not been fully transposed in all EU States; calls on the Commission, in its report, to undertake an in-depth analysis of the extent to which this principle has been transposed in the Member States and calls on the Commission to insist that Member States transpose it fully, or otherwise to consider the possibility of penalising Member States which refuse to transpose it fully;
Amendment 27 #
2012/2324(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Observes that, in some Member States, the possibility provided for in Directive 2000/78/EC for associations and organisations to engage in any judicial and/or administrative procedure or to support a victim of discrimination is only being transposed in a dilatory manner, which means that the protection of victims in the Directive is being implemented inadequately; calls on the Commission, in its report, to analyse precisely the issue of the involvement of associations and organisations and to report on it to the European Parliament;
Amendment 28 #
2012/2324(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the social partners to do more to protect employees against discrimination in the workplace and in training, and to adopt stronger preventive measures to protect them against discrimination in employment;
Amendment 49 #
2012/2324(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends that the European Commission reconsider having a general but legally not universal argument and measure to be applied in different cases for different people in order to ensure the consistency of equal rights in reflecting diversity instead of enforcing the same rights regardless of the differences there may be between people due to their real characters based on nature, (dis)abilities, capacities and skills; again carry out a public campaign to make people in the EU more aware of the advantages of the EU directive against discrimination; calls on the Commission to create greater opportunities for NGOs which represent the rights and interests of the persons concerned to work together at European level and thus give them the opportunity to exchange experiences; observes that the diversity of personal characteristics of people is an asset to society, that each individual possesses special abilities and skills which he or she can contribute to the community and that therefore one aim of the EU should be to create an inclusive society;
Amendment 1 #
2012/2294(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the broad dimension of the eco-innovation concept, given that it is defined as any form of innovation aiming at progress towards the goal of sustainable development, through reducing impacts on the environment or, achieving a more efficient and responsible use of resources or improving the ecological performance of production, products and services; draws attention to the job potential in a sustainable economy;
Amendment 2 #
2012/2294(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Supports the Commission's flagship initiative under the Europe 2020 strategy to make the change towards a sustainable economy now, to make economic growth less dependent on consumption of resources and energy, to reduce climate- damaging emissions and thus to act against global warming; welcomes the intention to align legal framework conditions, market economy incentive instruments, subsidies and public procurement with that objective;
Amendment 3 #
2012/2294(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the untapped environmental- benefit potential of eco-innovation, given that it is expected to help reduce greenhouse gas emissions through, inter alia, increased use of recycled materials and production of quality products with less impact on the environment and the facilitating of more environmentally friendly production processes and services; points to the benefits for fiscal policies when the potentials of eco-innovation are exploited to the full and efficiency gains can be realised not least in budgetary terms; stresses the need to target actions on bottlenecks and barriers in the way of the commercialisation of eco-innovation, and the internationalisation of these products and services;
Amendment 5 #
2012/2294(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that more should be done to internalise external costs; calls on the Commission to use existing policy tools – or develop new tools if necessary – to attribute costs, and to ensure that future policy proposals reflect its findings;
Amendment 6 #
2012/2294(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and Member States to determine environmental standards and financial incentives creating reliable framework conditions for at least 10 years, and thereby creating legal and planning certainty which is a prerequisite for exploiting the growth opportunities of eco-innovation;
Amendment 7 #
2012/2294(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the change towards a more sustainable economy has different positive effects on different sectors, namely, whereas jobs are created, replaced, or partially cease to exist; whereas all jobs should be adapted to sustainable, resource-efficient production and working methods, and the greatest need for adaptations therefore arises in existing employment relationships, with flexible employment relationships being desirable,
Amendment 7 #
2012/2294(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that eco-innovation should benefit from the emerging EU financial instruments and vehicles of the Innovation Union and Resource-Efficient Europe Flagships, as well as the post-2013 Cohesion Policy and Horizon 2020; underlines the need for mainstreaming the eco-innovation concept in all policy fields;
Amendment 8 #
2012/2294(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas this change has the potential to stabilise employment and to increase the number of jobs, with considerable spill-over effects, whereas, where reliable framework conditions have been introduced, a constant rise in employment possibilities and job security can be noted, which is stabilised by increasing exports,
Amendment 9 #
2012/2294(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the potential for direct and indirect job creation through full implementation of the EU 2020 strategy and the transition to a sustainable economy; welcomes the Commission's promotion of an integrated strategy for green growth under the ‘'Innovation Union’' flagship initiative and in particular the Eco- Innovation Action Plan; welcomes the intention to align legal framework conditions, market economy incentive instruments, subsidies and public procurement with that objective.
Amendment 9 #
2012/2294(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that, while eco-industries today provide 3.4 million jobs and an estimated annual turnover of EUR 319 billion, the potential for creating regional growth, employment opportunities and environmental benefits remains largely untapped, and recalls, in this connection, that the cost of inaction will be high;
Amendment 10 #
2012/2294(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. recommends promoting the creative and innovative potential of young people for contributing to sustainable development, and improving their access to funding;
Amendment 11 #
2012/2294(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Stresses that targeted investment for the ecological transformation of the EU's disadvantaged regions is one of the most useful instruments for achieving the strategic objectives of regional convergence and territorial cohesion;
Amendment 15 #
2012/2294(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the wide spectrum of employment opportunities at varying skills levels opened up by eco-innovation and the bioeconomy, particularly with regard to recycling/reuse processing, eco-design, and investment in the knowledge sector; notes that, in order to reach the EU 2020 strategy's employment targets and make use of the job potential of a new sustainable economy, there is a need to increase the energy efficiency of housing and construction, the share of renewable energies, environment technologies, sustainable transport and mobility, sustainable agriculture, forestry and fishery and advice through environmental services, as well as recycling/reuse processing, low-resource production processes and closed loop material cycles, eco-design, and investment in the knowledge sector; notes that the service sector and the social economy sector also bear considerable green employment potential;
Amendment 19 #
2012/2294(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. 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 20 #
2012/2294(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that the Member States must adapt their training and education systems and devise and implement targeted action plans for retraining workers in sectors which will be affected by the transformation of local economies towards a new sustainable economy, to ensure that they have access to new green sustainable jobs, to ensure that the workforce can adjust their skills to the labour-market needs of a more sustainable economy founded on competence-based training concepts; welcomes, in this context, the Commission's 'New Skills for New Jobs' initiative and acknowledges cooperation with the EU Member States as a step in the right direction; points out, however, that this initiative must be more closely linked to the objectives of the Council Decision on sustainable development and taken further with tangible measures both at EU level and in the EU Member States;
Amendment 23 #
2012/2294(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that eco-innovation presents clear opportunities for new niche businesses, offering opportunities for SMEs, self-starters and the self-employed to benefit from new markets, business models as well as revitalising existing traditional economic sectors;
Amendment 27 #
2012/2294(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends promoting the creative and innovative potential of young people for contributing to sustainable development, and improving their access to funding;
Amendment 28 #
2012/2294(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that entrepreneurs play a very important role in spreading eco- innovation more widely; notes, in this regard, that informing entrepreneurs about new business opportunities will be crucial to the success of a strategy aimed at developing resource-efficient economies and sustainable industries;
Amendment 29 #
2012/2294(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the dual environmental and economic benefits of transition to a biogreen sustainable economy, in terms of creating sustainable jobs both in the EU and in the developing world through increased participation in innovative fuel and material production, as well as the employment opportunities resulting from the processing and distribution of biofuels and biomaterials for business, public, private and domestic consumers;
Amendment 31 #
2012/2294(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that a stable, long-term, ambitious regulatory framework is a prerequisite for achieving the full potential of green employment; calls on the Commission and Member States to determine environmental standards and financial incentives creating reliable framework conditions for at least 10 years, and thereby creating legal and planning certainty; demands that existing financial instruments should be used to promote sustainability and that increasing sustainability of economic activity and production should be inserted into the financial perspective of various funds, including the Structural Funds and the Cohesion Fund, as one of the promoted objectives;
Amendment 32 #
2012/2294(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the complex challenges arising for food security, climate change, soil quality, raw material scarcity, transformation towards renewable energy systems and energy efficiency and so on; recognises that eco- innovation can solve many of these challenges; reiterates that such a transition requires a holistic approach incorporating education, training, skills development, research and innovation, private sector investment and infrastructure development, all of which contribute to diverse and sustainable employment opportunities.
Amendment 5 #
2012/2292(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Council Conclusions (EPSCO) 17423/11 adopted on 1 December 2011,
Amendment 18 #
2012/2292(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in large transnational companies in Europe are becoming increasingly integrated;
Amendment 25 #
2012/2292(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the legal status of these agreements at European level and in relation to national legal orders is unclear and this leads to legal uncertainty for both sides of industry;
Amendment 30 #
2012/2292(INI)
Motion for a resolution
Recital E
Recital E
E. whereas each EU Member State has its own system of relations between social partners, based on different historical developments and traditions, which has to be respected and does not require harmonisation but does need stronger coordination in the interest of workers across the EU;
Amendment 31 #
2012/2292(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas cross-border partnerships between social partners have proven to be good practices to promote free movement of workers and promote their respective rights across borders; whereas EU support for such cross-border partnerships is vital;
Amendment 32 #
2012/2292(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas all actors - the EU, the Member States and the Social Partners - need to adapt their practices to ensure adequate representation of Social Partners at the European level especially in relation to economic governance, to ensure the autonomy of the Social Partners and to avoid counter effects that might appear where Social Partners and Labour Markets are organized at sectoral, regional or national level while measures impacting on these are taken at European level;
Amendment 34 #
2012/2292(INI)
Motion for a resolution
Recital F
Recital F
F. whereas it is a particular feature of the European Social Dialogue that it promotes the preservation and growth of employment, improvements in working conditions and thus greater prosperity for employees of transnational undertakings by innovative means while preserving national autonomy in collective bargaining;
Amendment 35 #
2012/2292(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas there are borders in the EU where wages differ highly between one Member State and the other, even though the two bordering regions form a common economic region;
Amendment 36 #
2012/2292(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas a stable economic and monetary union requires addressing large macro-economic imbalances among Member States as a result of differences in business cycles, price and wage dynamics; whereas wages are not merely macro-economic adjustment variables but also the main source of income that people need for a decent living;
Amendment 37 #
2012/2292(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas despite efforts social partners have taken to coordinate their actions across borders, these initiatives have not been sufficient to prevent the emergence of serious imbalances and have now led to the undesirable situation where economic adjustment including on wages is enforced by public authorities in the context of the European Semester and Troika-programmes without proper social partner involvement, in a asymmetric non-transparent manner and at high social costs;
Amendment 38 #
2012/2292(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. whereas a stronger European social dialogue and transnational collective bargaining could contribute to pro- actively avoiding the emergence of large macro-economic and social imbalances, including wage competition, in particular among EMU Member States;
Amendment 39 #
2012/2292(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. whereas the Macroeconomic Dialogue currently consists of a confidential exchange of policy information which lacks ownership, transparency and is not effectively taken into account in collective bargaining processes at national or other relevant levels thereby failing to bring about timely adjustment in case of large wage divergences, in a socially responsible manner;
Amendment 40 #
2012/2292(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. whereas businesses increasingly operate on a European level while the representation of workers is predominantly organised along national lines; whereas this asymmetry is negatively impacting the representation of workers interests and puts workers at risk of being played out against each other and being forced to agree to lower wages, worse working conditions or other downward adjustments;
Amendment 45 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution is concerned withHighlights the need to strengthen European and transnational company agreements concluded by European trade union federations and European employers or employers' federations, generallysocial dialogue and cross border collective bargaining where it is currently underdeveloped, establishing new channels for its development and develop balanced cross-border industrial relations; further stresses that transnational social dialogue can provide at sectoral level, andtting for more efficient cross border collective bargaining; notes that theis resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
Amendment 50 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that in the medium term an optional European legal framework should be adopted for these European transnational company agreementsCalls on the Commission to present a proposal for an optional European legal framework for European transnational collective bargaining before 2014;
Amendment 57 #
Amendment 58 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on Social Partners, Commission, Council, and ECB as a matter of urgency to reform the Macroeconomic Dialogue with the aim of effectively preventing wage competition and excessive wage divergence in particular among EMU Member States and enabling social partners to play their full role in a reinforced economic governance structure;
Amendment 59 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Is of the opinion that a reformed macro-economic dialogue needs to be transparent and public, and that a broad general debate about appropriate wage policies should be launched that sets clear signals to the public and feeds into the European Semester process; suggests that the Macro-Economic Dialogue takes place in the European Parliament in the presence of relevant committees;
Amendment 60 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls on the Commission and Council to ensure that agreement on coordination achieved in the reformed Macro- Economic Dialogue is properly taken into account before the presentation of the Annual Growth Survey as well as before country specific recommendations are addressed to the Member States;
Amendment 61 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Stresses that the current over-focus on unit labour cost as a key indicator of the scoreboard for macro-economic imbalances has proven to be too one-sided and that governance based on it risks negatively impacting domestic demand, income security, and increasing poverty and inequality; highlights that when addressing diverging competitiveness in a reformed macro-economic dialogue and in the European Semester, account needs to be taken of capital and resource efficiency developments besides productivity and unit labour costs developments;
Amendment 62 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Calls on the Commission, in close cooperation with the social partners, to develop a comprehensive vision on the strengthening of the coordination of transnational sectorial dialogue, including between sectors and addressing the crucial differences between the tradable and non-tradable sectors;
Amendment 63 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Calls on the Commission to support Social Partners to take up a more important role at the European level amongst others through coordination, technical and financial support including translation, implementation guides, awareness-raising, continuous learning processes, monitoring and reporting;
Amendment 64 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. Calls on the European social partners to work with their national affiliates to achieve better gender balance in both participation rates and representation on the boards of committees;
Amendment 68 #
2012/2292(INI)
Motion for a resolution
Subheading 1
Subheading 1
Optional legal framework for European transnational companyllective agreements
Amendment 75 #
2012/2292(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn toto take advantage of regulatory solutions which have proved useful and effective;
Amendment 76 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 120 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends, in the medium term, in view of the increasing transnationalisation of industrial relations, to task the Social Partners with assessing the long-term need of establishing over the next few years an independent three-tier system of European labour courts;
Amendment 124 #
2012/2292(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to create the framework conditions that allow for the establishment of transnational industrial relations in border regions;
Amendment 131 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be covered: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures; stresses that workers representatives entering into such negotiations should at least be given comparable rights given to European Works Councils under the European Works Councils Directive;
Amendment 135 #
2012/2292(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to Complaint No 85/2012, which is pending before the European Committee of Social Rights, in the Laval case, and calls for the right to implementation of cross-border collective measures to be granted; stresses that the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has found the legislation that Sweden adopted as a result of the EU Court of Justice's ruling in the Laval case to be in violation of fundamental trade union rights;
Amendment 138 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls in this context the good experiences made with cross-border partnerships between social partners and calls upon the European Commission and Member States to secure EU support for such cross-border partnerships in the future;
Amendment 10 #
2012/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that if Member States are to deliver on the targets for an innovative, smart and inclusive Europe contained in the EU 2020 targetsstrategy, SMEs and microbusinesses must be taken into account;
Amendment 11 #
2012/2042(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that SMEs are the main actors in bringing together the objectives of innovation and sustainability, but that they need a stable, long-term and ambitious regulatory framework as a prerequisite to fully exploiting the potential for employment offered by a sustainable economy and therefore calls on the Commission and Member States to define long-term environmental standards and financial incentives and thus to establish a secure climate for investment;
Amendment 12 #
2012/2042(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recognises that SMEs play an important role in achieving social stability, cohesion and integration, particularly in areas that are faced with negative effects in their demographic development; therefore calls on the Commission and the Member States to support SMEs in establishing a working atmosphere that will encourage workers to comply with the standards of labour law, worker protection and health protection, thus also contributing to social prosperity and the fight against poverty;
Amendment 13 #
2012/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the barriers to the start-up and development of SMEs are access to and cost of financerestricted access to finance and loans, a lack of transparency and openness in the management of EU funds in the Member States, burdensome regulations, indirect labour costs, access to export markets and the capacity to develop them, average payment times and skill shortages; emphasises that female entrepreneurs, in particular, are not offered the right start-up support for their projects in many programmes and for this reason calls for the development of start- up programmes tailored to the specific start-up patterns found among women (microbusinesses, little seed capital, unwillingness to take risks);
Amendment 27 #
2012/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes support for SMEs through initiatives such as PSCI, COSME and Horizon 2020 and the future ESF regulation; stresses that such measurthe Member States must not create additional red tape, must demonstrate added EU value and value for money, and must complement Member Statso that the founders of microbusinesses from socially disadvantaged sections of the population in particular can gain access to appropriate financial instruments; in this context calls on the Commission to include special information on cooperatives’ initiatives the financial instruments managed by the European Investment Fund;
Amendment 34 #
2012/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the ‘Think Small First’ principle; recognises the benefits of e- commerce in providing opportunities for SMEs to access the single market and reduce costs; calls on the Commission also to take steps to ensure that the European Observatory for SMEs also includes the voluntary/non-profit sector in its investigations;
Amendment 38 #
2012/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that developing e-government and one stop shops will reduce administrative procedures and create new business opportunities, particularly when, in the case of cross-border services, the one stop shop, working in close cooperation with the social partners, also provides comprehensive information about the working conditions in the destination country where services are to be provided, as exemplary pilot projects have shown; notes that greater access to procurement markets can assist SMEs in unlocking their potential for job creation;
Amendment 49 #
2012/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Within the framework of fitness checks, calls for the identification of areas in which there are excessive burdens, inconsistencies or ineffective legislation in the field of employment that have an adverse impact on SMEs; calls on the Commission to consider a ‘one in, one out rule’ that allows the objectives of health, safety and equality provisions to be maintained and safeguards the principle of subsidiarity, however, to ensure that such measures do not lead to a reduction in labour and health protection provisions in the workplace and that labour and equality rights are fully preserved;
Amendment 53 #
2012/2042(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that the reduction of the administrative burden should not lead to a situation where the ILO standards and the ILO Decent Work Agenda are not adequately implemented in SMEs and micro-enterprises;
Amendment 54 #
2012/2042(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that a ‘comply and explain’ approach similar to the corporate governance provisions is inappropriate in the context of administrative burdens; Member States must not be prevented from applying higher standards at the national level that go beyond minimum standards agreed within the EU;
Amendment 56 #
2012/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes and strongly supports the focus on micro-enterprises in a strengthened SME test (see COM(2011)0803) through which all available possibili, however calls for the EU directives such as exclusion from the scope, individual provisions, extended transition periods or lighter regimes are systematically assessed.in relation to fundamental EU labour and health protection and the fundamental protection of seasonal workers and posted workers also to be retained for SMEs and micro- enterprises, so as to ensure fair competition in the European internal market;
Amendment 2 #
2012/2027(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s proposal to enhance the use of financial instruments (FI) in the next programming period (2014- 2020); stresses that at a time of heavy fiscal constraint and reduced lending capacity on the part of the private sector, the increased use of innovative FI can foster public-private partnerships, achieve a multiplier effect with the EU budget, open up alternative sources of finance and guarantee an important financing stream for strategic regional investments; believes that, if used for appropriate projects, FI could, as a complement to grants, evolve to become an important aspect of the EU’s regional growth strategies; states that FI are appropriate if, as a result of the support provided, a project generates income and profits, so that credit and loans can be paid back;
Amendment 6 #
2012/2027(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges a legal definition of FI to be included in the upcoming revised Financial Regulation and to become a coherent reference in all legislative acts dealing with FI; stresses the importance of guaranteeing clarity, simplicity and transparency of the FI legal framework in a timely manner and before the start of the next programming period, so as to ensure that FI are attractive to public and private investors and, at the same time, that democratic control over EU resources is ensured;
Amendment 9 #
2012/2027(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of the ex ante assessment in identifying situations of market failure or sub-optimal investment; calls on the Commission to introduce relevant requirements regarding the role and application of the ex ante assessment into the relevant regulation as part of the basic act; states that these requirements include compliance with EU law and national law at least, as well as compliance with the transparency requirements for public monies;
Amendment 11 #
2012/2027(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the application of FI being extended under the cohesion policy to all thematic objectives and all CSF funds ,or to those projects and project groups or parts of programmes that will generate income and profits and that are therefore appropriate for financial instruments, in the next programming period; stresses, nevertheless, that a better overview of applied FI is necessary in order to mitigate the risk of a lack of coordination and overlapping of different schemes;
Amendment 12 #
2012/2027(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the application of FI being extended under the cohesion policy to all thematic objectives and all CSF funds ,or to those projects and project groups or parts of project programmes that will generate income and profits and that are therefore appropriate for financial instruments, in the next programming period; stresses, nevertheless, that a better overview of applied FI is necessary in order to mitigate the risk of a lack of coordination and overlapping of different schemes;
Amendment 14 #
2012/2027(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. BelievesConsiders it necessary that adequate monitoring, reporting and auditing and the application of EU transparency rules for the portion of EU resources in the financial instruments are of the utmost importance in order to ensure that EU resources are being used for the purpose intended; calls on the Commission to strengthen the reporting requirements for managing authorities during the programming period, introduce sufficiently frequent audits and deliver to the European Parliament an annual synthesis report on the use and effectiveness of FI across the various CSF funds, thematic objectives and Member States;
Amendment 17 #
2012/2027(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned about the limited institutional capacity of the Commission to accommodate the projected increased role of FI; believes that know-how and the technical capacity for using and managing FI should also be strengthened at the level of managing authorities, financial intermediaries and banks; stresses that better knowledge of FI among those responsible for implementation of public policies is vital in order to remove constraints of a cultural nature and promote the success of FI, while at the same time ensuring democratic control;
Amendment 21 #
2012/2027(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Acknowledges the increased role for cities in the programming and implementation of CSF funds in the next programming period; calls, therefore, on the Commission to further clarify the procedural and practical implications of the stronger role for cities in the development and implementation of FI and, at the same time, to ensure use of public participatory processes for these projects too;
Amendment 17 #
2012/0340(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Web-accessibility refers to principles and techniques to be observed when constructing websites in order to render the content of these websites accessible to all users, in particular people with functional limitations, including persons with disabilities as well as elderly people. The content of websites includes textual as well as non-textual information, and also the downloading of forms and two-way interaction, e.g. the processing of digital forms, authentication, and transactions like case handling and payments as well as methods to protect users' data.
Amendment 18 #
2012/0340(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission's eGovernment Action Plan 2011-2015 calls for action to develop eGovernment services that ensure inclusiveness and accessibility. At the same time, more efforts are needed for the effective implementation of the e- Inclusion policy, which aims at reducing gaps in ICT usage and promoting the use of ICT to overcome exclusion.
Amendment 19 #
2012/0340(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In its CommunicFor the Implementation of ‘A Digital Agenda for Europe’ the Commission announced that public sector websites and websites providing services of general interest to cititzens should be fully accessible by 2015.
Amendment 20 #
2012/0340(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Framework Programme for Research, Technological Development and Demonstration and the Competitiveness and Innovation Programme support research on and the development of technological solutions to accessibility problems whereas within the Framework Programmes 6 and 7 the Commission has been funding research into Free/Libre and Open Source software (FOSS).
Amendment 21 #
2012/0340(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The European Disability Strategy 2010- 2020,which aims at breaking down any barriers that prevent persons with disabilities from participating in society on an equal basis, builds on the UN Convention and contains actions in several priority areas, including web accessibility, with the objective ‘to ensure accessibility to goods and services including public services and assistive devices for people with disabilities.’
Amendment 23 #
2012/0340(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The approximation of national measures at Union level, based on an agreement on accessibility requirements for public sector bodies' websites as well as websites of bodies providing services of general interest to citizens for the public, is necessary in order to put an end to fragmentation. It would reduce uncertainty for web-developers and would foster interoperability. By using accessibility requirements which are technology neutral, innovation will not be hampered and may possibly even be stimulated.
Amendment 24 #
2012/0340(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The web–accessibility requirements defined in this Directive are technology neutral. They only indicate which basic functionalities have to be fulfilled for the user to perceive, operate or, understand and interact with a site and its content. They do not specify how this has to be achieved or what technology should be selected for a particular site, on-line information or application. As such they do not hamper innovation and account for permanent technological and societal dynamics concerning the use of web contents, e.g. the broadening utilization of hand-held devices.
Amendment 26 #
2012/0340(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interoperability related to web- accessibility should be based on commonly adopted and used specifications that maximize the compatibility of the web- content with current and future user agents and assistive technologies in a variety of software environments, including FOSS. More specifically, web-content should provide user agents with a common internal encoding of natural language, structures, relations, and sequences, as well as data of any embedded user-interface components. Interoperability thus benefits the users, allowing them to employ their user agent, which can be supported by the promotion of FOSS solutions, thus benefits the users, allowing them to employ a variety of user agents and devices meeting their needs ubiquitously to access websites: they might also benefit from greater choice and reduced prices across the Union. Interoperability would also benefit the suppliers and buyers of web-accessibility related products and services.
Amendment 29 #
2012/0340(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The Directive should aim at ensuring that certain types of public sector bodies' websites that are essential to the public are made fully accessible according to common requirements. Such types were identified in the 2001 E-government benchmarking exercise25 and have been used as a basis for the list in the Annexto persons with disabilities so that they are enabled to live independently and participate fully in all aspects of life as stated in the UNCRPD. The identification of such websites should include websites providing services of general interest.
Amendment 30 #
2012/0340(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The conformity with web-accessibility requirements should be continuously monitored from the initial construction of the public sector bodies' website to all subsequent updates of its content. A harmonised monitoring methodology would cover a way of verifying, on a uniform basis in all Members States, the degree of compliance of the website with the requirements for web-accessibility, the collection of representative samples and the periodicity of the monitoring.. Member States should report annually on the outcome of the monitoring and more generally on the list of actions taken in application of this Directive. Those reports should be made available to the public.
Amendment 33 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive aims at approximating the laws, regulations and administrative provisions of the Member States related to the accessibility of the content of public sector bodies' websites to all users, in particular people with functional limitations including persons with disabilities and elderly people.
Amendment 35 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the rules according to which Member States shall make accessible the content of websites belonging to public sector bodies, the types of which are specified in the Annexincluding those which provide services of general interest.
Amendment 36 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
(1a) 'Web accessibility' means principles and techniques to be observed when constructing websites in order to render the content of these websites in such way as that all users, in particular persons with disabilities, as well as elderly persons, can fully perceive, understand, navigate, and interact with web contents.
Amendment 38 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘'Content of websites’' means informationall textual and nontextual information associated with a website to be communicated to the users by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions, as well as functions of downloading and/or uploading and processing of digital documents, forms and implemented or related methods of authentication, identification, transactions, payments, security, e.g. encryption of data transmission, protection of user data and Completely Automated Public Turing Test To Tell Computers and Humans Apart (CAPTCHA).
Amendment 40 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
(8) ‘'Public sector body’' means the State, regional or local authorities, bodies governed by public law as defined in Article 1 (9) of Directive 2004/18/EC, and associations formed by one or several such authorities or one or several such bodies governed by public law and bodies providing services of general interest and/or general economic interest.
Amendment 47 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) in a consistent and adequate way for users’ perception, operation and understanding, including adaptability of content presentation and interaction, when necessary, providing an accessible electronic alternative;
Amendment 49 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in a way which facilitates interoperability with a broad variety of user agents, devices and assistive technologies at Union and international level.
Amendment 50 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 8, to specify further, where appropriate, the requirements for web- accessibility referred to in paragraph 1, which shall go in line with principles of technology neutrality and facilitate the use and development of FOSS.
Amendment 56 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall report annually on the outcome of the monitoring carried out according to paragraph 4 including the measurement data and, where appropriate, the list of the websites referred to in Article 1(3). Those reports shall be made available to the public.
Amendment 57 #
2012/0340(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The powers to adopt the delegated acts referred to in Article 3 and 5 shall be conferred for an indeterminate period of timehree years from the date of entry into force of this Directive.
Amendment 59 #
2012/0340(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall carry out a review of the application of this Directive within three years from its entry into force and shall make the findings of this review public.
Amendment 60 #
2012/0340(COD)
Proposal for a directive
Annex 1 – heading 1
Annex 1 – heading 1
Amendment 61 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
(1) Income taxes: declaration, notification of assessmentWebsites of the authorities as defined in Article 1(9) of Directive 2004/18/EC and Article 2(1) of Directive 2004/17/EC
Amendment 62 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
(2) Job search services by labour officesWebsites delivering services listed in Annex II to Directive 2004/18/EC
Amendment 63 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 3
Annex 1 – point 3
(3) Social-security benefits: unemployment benefits, child allowances, medical costs (reimbursement or direct settlement), student grants.Websites delivering services listed in Articles 3 to 6 of Directive 2004/17/EC
Amendment 65 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 4
Annex 1 – point 4
(4) Personal documents: passports or driving licensWebsites which are partially or fully funded by authorities referred to in point 1 above
Amendment 67 #
Amendment 68 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 6
Annex 1 – point 6
Amendment 69 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 7
Annex 1 – point 7
Amendment 72 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 74 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 9
Annex 1 – point 9
Amendment 75 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 10
Annex 1 – point 10
Amendment 77 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 11
Annex 1 – point 11
Amendment 78 #
2012/0340(COD)
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
Amendment 131 #
2012/0295(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States choosing to participate in the programme should designate a managing authority, a certifying authority and a functionally independent auditing authority of a CSF- Fund (1) for their operational programme. To provide flexibility for Member States in the set-up of control systems, it is appropriate to provide the option for the functions of the certifying authority to be carried out by the managing authority. The Member States should also be allowed to designate intermediate bodies to carry out certain tasks of the managing authority or the certifying authority. The Member States should in that case lay down clearly their respective responsibilities and functions. ((1) The name "CSF-Fund" should then be changed into the new name "ESI-Fund" (European Structural- and Investment Funds).)
Amendment 281 #
2012/0295(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
2. Management and control systems shall provide for:
Amendment 282 #
2012/0295(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Member States shall designate a managing authority, a certifying authority and a functionally independent auditing authority of a CSF-Fund (1) for their operational programme. ((1) The name "CSF-Fund" should then be changed into the new name "ESI-Fund" (European Structural- and Investment Funds).)
Amendment 1 #
2012/0271(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Having regard to the current economic crisis, in order to strengthen the economic, social and territorial cohesion of the Union, and as a contribution to the special effort needed to address the specific situations of unemployment, in particular youth unemployment, and of poverty and social exclusion in these Member States, the European Social Fund allocations to those three Member States and to Member States which are facing serious difficulties with respect to their financial stability for the year 2013 should be increased.
Amendment 2 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No 1083/2006
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The resources available for commitment from the Funds for the period 2007 to 2013 shall be EUR 308 542 55169 826 107 at 2004 prices in accordance with the annual breakdown shown in Annex I.
Amendment 3 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1083/2006
Article 19 – introductory part
Article 19 – introductory part
Overall resources for the Convergence objective shall amount to 81,53 % of the resources referred to in Article 18(1) (i.e. a total of EUR 251 543 76065 591 146) and shall be distributed between the different components as follows:
Amendment 4 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1083/2006
Article 19 – point a
Article 19 – point a
(a) 70,50 % (i.e. a total of EUR 177 338 88060 711 991) for the financing referred to in Article 5(1), using eligible population, regional prosperity, national prosperity and unemployment rate as the criteria for calculating the indicative breakdowns by Member State;
Amendment 5 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Overall resources for the Regional competitiveness and employment objective shall amount to 15,96 % of the resources referred to in Article 18(1) (i.e. a total of EUR 49 239 33744 781 841) and shall be distributed between the different components as follows:
Amendment 6 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1083/2006
Article 20 – point a
Article 20 – point a
(a) 78,91 % (i.e. a total of EUR 38 854 0318 613 211) for the financing referred to in Article 6, using eligible population, regional prosperity, unemployment rate, employment rate and population density as the criteria for calculating the indicative breakdowns by Member State; and
Amendment 7 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1083/2006
Article 20 – point b
Article 20 – point b
(b) 21,09 % (i.e. a total of EUR 10 385 3066 168 630) for the transitional and specific support referred to in Article 8(2), using eligible population, regional prosperity, national prosperity and unemployment rate as the criteria for calculating the indicative breakdowns by Member State."
Amendment 8 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1083/2006
ANNEX I – table – column 7 – row 2
ANNEX I – table – column 7 – row 2
45 843 55170 826 107
Amendment 9 #
2012/0271(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1083/2006
Annex II – point 32
Annex II – point 32
"32. For the year 2013, an additional envelope of EUR 125 513 290 under the ESF will be allocated as follows: EUR 83 675 527 will be allocated to France, EUR 25 102 658 will be allocated to Italy and EUR 16 735 105 will be allocated to Spain." Additional EUR 11 290 000 will be allocated to Greece, additional EUR 10 541 000 will be allocated to Portugal, additional EUR 4 582 000 will be allocated to Ireland and additional EUR 862 000 will be allocated to Cyprus."
Amendment 59 #
2012/0061(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on European Union, and in particular Article 3(3), and to the Treaty on the Functioning of the European Union, and in particular Article 26(2), Article 45, Article 46, Article 53(1) and Article 62 thereof,
Amendment 64 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union,
Amendment 66 #
2012/0061(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. It needs to be distinguished frombalanced with the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘'post’') their own workers temporarily to carry out the work necessary to provide these services there. This posting has to happen without violating non- discrimination provisions for both undertakings and workers as set out in Article 45(2) and 49 TFEU.
Amendment 70 #
2012/0061(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) A genuine posting situation requires that the worker is habitually employed with the service provider prior, during and after the period of posting and not hired solely for the posting.
Amendment 71 #
2012/0061(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Based on Art. 3(6) of Directive 96/71/EC, if one posted workers replaces another or if the same position is repeatedly filled with a posted worker by the same services providers in a short/quick succession, and if these succeeding contracts add up to 12 month, the assumption that it is not a posting situation is justified.
Amendment 73 #
2012/0061(COD)
Proposal for a directive
Recital 3
Recital 3
(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, 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 establishes a core set of clearly defined terms and conditions of work and employment which must be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned. This Directive and Directive 96/71/EC do not prevent legal or collectively agreed standards from providing the posted workers with more favourable conditions, as long as equal treatment and non-discrimination of local and foreign companies and workers is ensured. This Enforcement Directive aims at improving the implementation of the Directive 96/17/EC in full respect of Article 53(1) and 62 Art. 45(1), 45(2) and Art. 26(2) TFEU and the Charter of Fundamental Rights.
Amendment 76 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to the provisions laid down in Directive 96/71/EC.
Amendment 81 #
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 improvedmust be enforceable and should be improved and any circumvention of the rules must be sanctioned, especially regarding all terms and conditions of employment.
Amendment 85 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In case of non-compliance such as when a worker is found not to be genuinely posted, an undertaking shall be covered by the relevant legislation applicable in the country of service provision, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 87 #
2012/0061(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Articles 45, 46, 49 TFEU, Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘'Rome I Regulation’')need to be further clarified.
Amendment 89 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation No 987/2009of 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 or Article 45 and 46 TFEU. The provisions in this Directive are without prejudice to Member States providing for and enforcing more favourable conditions for posted workers.
Amendment 92 #
2012/0061(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty. This respect has to be transferred into provisions which enable Member States to use a wide range of arrangements in line with their national law and practice for ensuring compliance with and enforcement of 96/71/EC and this Directive.
Amendment 93 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of servicehis Directive and Directive 96/71/EC respect the different national industrial relations systems and recognise the important role of collective bargaining. This 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 ludes the right of trade unions to engage in judicial and administrative proceeding on behalf of the worker and where applicable to control and enforce working conditions.
Amendment 106 #
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 thereforeMember States and supported by the Commission is essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 112 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Posted workers shall not be used to replace striking workers.
Amendment 114 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Competent authorities shall make an overall assessment of all factual elements in order to determine if an undertaking is performing a genuine activity. If proof cannot be produced it shall be presumed that the undertaking is established in the country where it provides the service.
Amendment 115 #
2012/0061(COD)
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) Member States are entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive. Strong, regular and flexible inspections in the Member States are essential and adequate funding must be provided in order for the competent authorities to detect and combat circumvention.
Amendment 122 #
2012/0061(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation as these established mechanisms of cooperation have proven fruitful.
Amendment 129 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised. Non-compliance must be sanctioned as it seriously hinders enforcement and undermines fair competition in the Single Market.
Amendment 134 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have a right to information and advice regarding the relevant working and employment conditions. It is up to the Member States, to establish such information and advice centres that posted workers can turn to and provide financial support for them.
Amendment 137 #
2012/0061(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to improve and facilitate mutual assistance and crossborder cooperation between the competent authorities in the Member States, an EU- wide notification or registration system based on and compatible with existing systems in Member States should be developed in accordance with the rules on the protection of personal data. In order for such a system to be in line with the principle of non-discrimination and fair competition, the Commission shall present to the European Parliament and the Council an impact assessment regarding the feasibility of such a system.
Amendment 138 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is of paramount importance that the host Member State continues to control and monitor as outlined in Article 5 Directive 96/71/EC. 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 shouldall apply only certainnecessary 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 attained.
Amendment 150 #
2012/0061(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Any risk assessment should aim at identifying 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 special problems and needs of specific sectors, the past record of infringement, the information provided by social partners on the ground, the practices of circumvention as well as the vulnerability of certain groups of workers should be taken into account.
Amendment 155 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat circumvention and bogus self-employment, the Commission shall examine the possibility to set up a European register ("black list") for companies who repeatedly have violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of such a black list should be to ensure fair competition among companies.
Amendment 160 #
2012/0061(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to cope in a flexible way withrespect the diversity of labour markets and industrial relations systems, by way of exception,Member States are, in line with their national law and practice, entitled to task other actors and/or bodies maywith monitoring certain terms and conditions of employment of posted workers, provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non- discriminatory and objective manner.
Amendment 162 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. Associations, organisations and other legal entities which have a legitimate interest in the enforcement of Directive 96/71/EC may engage in any judicial and administrative proceeding on behalf of the worker. This should be without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 173 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in suchall sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiess, all contractors down the chain can be held liable for paying to the posted workers all entitlements due to them.
Amendment 183 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 196 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in anotherExisting systems of supply chain compliance already in place in Member State,s postroviding wforkers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld better conditions and protection for workers shall in no way be restricted by the provisions in this Directive.
Amendment 201 #
2012/0061(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union. Where such fines and penalties are imposed due to non-compliance with the employment conditions established by labour courts or collective agreements, these must be enforceable.
Amendment 210 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains unfortunately a problem in enforcing Directive 96/71/EC and hinders the creation of a level playing field for companies and the protection of workers.
Amendment 214 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and the relevant ILO Conventions and has to be implemented in accordance with those rights and principles.
Amendment 219 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of specific provisions, measures and control mechanisms necessary for better and more uniformso as to aid Member States in the 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 and without prejudice to the scope of Directive 96/71/EC.
Amendment 222 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 229 #
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 fundamental rights as recognised in Member States and by Uninternational law, ILO Conventions and the Fundamental Rights Charter 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 233 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Where there is conflict between Directive 96/71/EC and this Directive the principles of Directive 96/71/EC shall prevail.
Amendment 234 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This directive aims to support the functioning of the internal market and improve implementation of Directive 96/71/EC. A Member State shall take all action required to enforce the terms and conditions of employment at the place where the service is performed and to abolish any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 235 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2c. This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory (as formulated by Article 3(10) of Directive 96/71) as long as these standards are not protectionist or discriminatory.
Amendment 240 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means any body or authority designated by a Member State to perform functions under this Directive; or under Directive 96/71/EC.
Amendment 243 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'requesting authority’' means the competent authority of a Member State which makes a request for assistance, information, notification or recovery concerning a penalty or fine as referred to in Chapter VI;
Amendment 251 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 256 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrativan undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities, other than purely internal management activities, in the territory of the Member State of establishment. The competent authorities shall take into account all factual elements characterising these activities. Such elements may include: but are not limited to:
Amendment 271 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertakingcountry of establishment is the place where it performs its substantial quantifiable business activity and has its registered office and administration, uses office space, pays taxes, and pays taxes and social contributions and has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 280 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and where they are habitually employed,
Amendment 284 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and withclients and proof that the law of the country of establishment its clients, on the other handapplicable to the contracts concluded with its workers,
Amendment 299 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment or the place where the majority of contracts with clients are performed.
Amendment 307 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 313 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
Activities of purely administrative nature or undertakings only holding personnel in the host member state fall outside the scope of directive 96/71/EC or this directive.
Amendment 315 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to better implement Articles 3 and 5 of Directive 96/71/EC and to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authorities.
Amendment 319 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Such elements may include, but are not limited to:
Amendment 332 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work of the posted workers is carried out for a limited period of time in another Member State than the one in which the employee normally carries out his work and starts on a specified day; In accordance with Art 3(6) of Directive 96/71/EC, for the calculation of this limited time, account shall be taken of any previous periods for which the post has been filled by a posted worker;
Amendment 336 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a a (new)
Article 3 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) The posting takes place from the Member State in or from which the employee normally carries out his work;
Amendment 345 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working to the Member State from which he/she is posted after completion of the work ois habitually employed during the period of posting, and is employed with the undertaking prior to and after the perovisiond of services for which he or she was posteding;
Amendment 351 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c a (new)
Article 3 – paragraph 2 – subparagraph 2 – point c a (new)
(c a) the posted worker has a valid A1 form to certify which social security legislation applies; the A1 form is solely an informative indicator for the social security status of the worker. It shall not be retroactive and must be provided from the beginning of the posting period and prior to any inspections;
Amendment 365 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
(e) any repeated previous periods during whichthat the post was not filled by the same or another (posted) worker during repeated previous periods.
Amendment 381 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. Art 3(6) of the Directive 96/71/EC need to be taken into account when evaluating whether a posting is temporary or not.
Amendment 387 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
The absence or lack of document(s), such as the document(s) referred to in Article 3 of Directive 91/533 or the certificate concerning the social security legislation (form A1 as prescribed for posted workers by Regulation 883/2004 and its implementing Regulation 987/2009) which applies to him/her, having been issued is an indication that the situation should not be characterised as one of 'temporarily posting' to another country than the one in which the worker concerned habitually works.
Amendment 389 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 b (new)
Article 3 – paragraph 2 – subparagraph 3 b (new)
For the purpose of implementing, applying and enforcing Directive 96/71/EC, the competent authorities shall make an overall assessment of all factual elements relevant for assessing the posting, the establishment of the undertaking and the status of the worker. In case of non-compliance for any one of the above-mentioned criteria, further verification by the concerned Member State is obligatory.
Amendment 390 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 c (new)
Article 3 – paragraph 2 – subparagraph 3 c (new)
The list of criteria is non-exhaustive. The Member States have the right to stipulate other binding elements. The assessment of these elements shall be adapted to each specific case.
Amendment 391 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 d (new)
Article 3 – paragraph 2 – subparagraph 3 d (new)
In accordance with Article 4 of the Directive 96/71/EC and in the context of the administrative cooperation the Member States of establishment shall provide upon request the relevant information to the requesting authority.
Amendment 399 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 408 #
2012/0061(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Role of competent authorities and liaison offices
Amendment 409 #
2012/0061(COD)
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
In accordance with Directive 95/46/EC, Member States shall remain ultimately responsible for safeguarding data protection and the legal rights of affected persons and shall put in place appropriate mechanisms in this respect.
Amendment 411 #
2012/0061(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Contact details of the competent authorities shall be communicated to the Commission and the other Member States and be available to the public. The Commission shall publish and regularly update the list of the competent authorities and liaison offices. Other Member States and EU institutions shall respect each Member State's choice(s) of competent authorities.
Amendment 414 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clear,free of charge in a clear, transparent comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.
Amendment 418 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. In order to bring about further improvements with respect to access to information, Member States shall in accordance with the principles established in Article 4 of Directive 96/71/EC:
Amendment 423 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) ensure that bodies are tasked by the Member State with providing posting undertakings and posted workers with all required information relating to their rights and obligations under Directive 96/71/EC. According to national traditions, also social partners can be tasked entirely or partially, or can support the tasked bodies;
Amendment 426 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) take the necessary measures to make generally available on internet sites and by other means information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby, where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;
Amendment 430 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicablthe most relevant languages, the choice being left to the host Member State, if possible in summarised leaflet form indicating the main labour conditions applicable as well as describing the procedures to lodge complaints and the judicial proceedings and sanctions applicable in case of non- compliance and upon requests in formats accessible to persons with disabilities;
Amendment 438 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) further detailed information on labour and social conditions including Health and Safety at the workplace shall be easily made available by different means of communication including contact points;
Amendment 444 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) inform about and provide resources for other contact points such as provided by the social partners;
Amendment 445 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission under supervision of Council and the European Parliament shall continue to support the Member States in this area.
Amendment 447 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraphs 1 and 8 of that Directive, Member States shouldall ensure that the social partners shall identify these and make tse terms and conditions are made available in an accessible and transparent way to service providers from other Member States and to posted workers, and may involve the social partners in this respect. The relevant information should, in particular, concerningver the different minimum rates of pay and their constituent elements, the method used to calculate and/or classify the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workersvailable to the competent authorities. Terms and conditions of employment should be made available in an accessible and transparent way.
Amendment 466 #
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 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 469 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The cooperation of the Member States may, also include the sending and service of documents of the requesting authority.
Amendment 471 #
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 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 and Directive 96/71/EC.
Amendment 476 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution. Any permanent refusal to provide the requested data constitutes an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 477 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Any long-term refusal to supply the data requested shall entitle the requesting Member State to draw up a publicly accessible list of authorities that have refused to cooperate and to inform the Commission thereof. The Commission shall set up a publicly accessible list of those authorities reported to have not been willing to cooperate.
Amendment 481 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used in case the criteria in Article 3 lead to the suspicion that the posted worker is employed by a non-genuine company or is not a worker or is not genuinely posted. This shall not preclude the national authorities and/or inspectorates of the host country to take immediate measures preventing, investigating and sanctioning social fraud.
Amendment 489 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested, in accordance with European law and national law and practices.
Amendment 492 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. TIn accordance with the principle established in Article 4 of Directive 96/71/EC, the Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the application of Article 3(10)implementation of Directive 96/71/EC.
Amendment 494 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. To facilitate mutual assistance and crossborder cooperation, the Commission shall within 2 years from entry into force of this directive present to the European Parliament and the Council an impact assessment on the feasibility of an EU- wide notification or registration system based on and compatible with existing systems in Member States.
Amendment 497 #
Amendment 498 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. In accordance with Articles 4 and 5 of the Directive 96/71/EC, inspection of the working conditions to be complied with is the responsibility of the authorities of the host Member State and that Member state shall therefore continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory. The competent authorities can, on their own initiative, undertake factual checks and are not bound by any results of checks carried out by the authorities of the Member State of establishment.
Amendment 501 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Member State of establishment of the service provider shall continue to control, massist the Member State to which the posting takes place to ensure compliance with the conditor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures, with respect to workers posted to another Member Stateions applicable under Directive 96/71/EC and this Directive by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in Art. 3 of this directive and in directive 96/71/EC. This responsibility shall not in any way reduce the possibilities of the Member State to which the posting takes place to monitor, control and take any necessary supervisory or enforcement measures in accordance with this Directive and Directive 96/71/EC.
Amendment 503 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. In the circumstances referred to in Article 3 (1) and (2) and Article 9(1), the Member State of establishment of the service provider shall assist the Member State to which the posting takes place to ensure compliance with the conditions applicable under Directive 96/71/EC and this Directive. The Member State of establishment of the service provider shall, on its own initiative, communicate to the Member State to which the posting takes place any relevant information as specified in Articles 3 (1) and (2) and 9(1), where the Member State of establishment of the service provider is aware of specific facts which indicate possible irregularitiThe Member State of establishment of the service provider shall immediately, on its own initiative, or on demand of the host Member State communicate to the latter any relevant information as specified in this directive or needed for compliance with Article 3 of Directive 96/71/EC. Competent authorities may request information for any overriding reason of public interest.
Amendment 506 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities of the host Member State may equally ask the competent authorities of the Member State of establishment, for each instance where services are provided or for each service provider, to provide information to verify full compliance with both Directive 96/71/EC and this directive, including as to the legality of the service provider's establishment, the service provider's good conduct, and the absence of any infringement of the applicable rules. . The competent authorities of the Member State of establishment shall provide this information in accordance with Article 6.
Amendment 509 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the Member State of establishment to carry out factual checks and controls in the territory of the host Member State where the service is provided. Such cChecks and controls shall, if need be, be carried out by the authorities of the host Member State at the request of the competent authorities of the Member State of establishment, in accordance with Article 10 and in conformity with the powers of supervision provided for in the host Member State's national law, practice and administrative procedures and which respect Union law.
Amendment 515 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, with the assistance of the Commission, take accompanying measures to develop, facilitate and promote the exchange between social partners, officials in charge of the implementation of administrative cooperation and mutual assistance, as well as monitoring the compliance with and enforcement of the applicable rulesto ensure that organisations providing information to posted workers are supported.
Amendment 519 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the member state of establishment and the host member state collect the data registered regarding the posting process and evaluate them. Member States need to regularly report to the European Commission. The European Commission compiles the information and regularly publishes reports .
Amendment 521 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall assess the necessity forensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.
Amendment 535 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures:In order to improve the enforcement of Directive 96/71/EC, Member States, fully respecting the principle of non- discrimination, may control all elements necessary to verify compliance with Articles 3 and 5 of Directive 96/71/EC and Art. 3 of this Directive.
Amendment 538 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 554 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 566 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 580 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 602 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 605 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 618 #
Amendment 629 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. 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 inIn order to improve compliance with Art. 3 and 5 of Directive 96/71/EC and to guarantee its propereffective application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall 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 shall be taken into account., host Member States shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory. In order to make effective checks and controls possible, Member States may in particular impose the following requirements:
Amendment 630 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a (new)
Article 10 – paragraph 1 – point a (new)
(a) an obligation for a service provider established in another Member State to make a declaration in paper or electronic form in the language of the host Member State to the responsible national competent authorities prior to the commencement of the service provision, whereby the declaration must at least provide the necessary information in order to allow factual controls at the working place. This includes in particular information that allows doubtless identification of the service provider, the designated contact person referred to under (e), the posted workers as well as information regarding the beginning and the anticipated duration of the posting, the location of their working place and the services justifying the posting; information if the posted worker has been assigned by his employer to another undertaking in the Member State of establishment in particular in the event of transfers of undertakings or mergers needs to be included. Subsequent changes concerning these data have to be declared without delay; these duties shall also apply to enterprises within the meaning of Art. 1 3c) of directive 96/71/EC.
Amendment 631 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b (new)
Article 10 – paragraph 1 – point b (new)
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the necessary employment documents, in order to allow factual controls at the working place. This includes in particular the employment contract (or an equivalent document within 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 stating the beginning, end and duration of the daily working time, the A1 form as proof of social security coverage in the home member state, documents on health and safety at work, including the required assessment of the risks to safety and health at work in accordance with 89/391/EC, where the posted worker is a third country national, copies of the work permit and of the residence permit and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as 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 632 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c (new)
Article 10 – paragraph 1 – point c (new)
(c) an obligation to deliver, at the request of the authorities of the host Member State, and within a reasonable period of time after the posting, the documents referred to under (b);
Amendment 633 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d (new)
Article 10 – paragraph 1 – point d (new)
(d) a translation of the documents referred to under (b) into the language of the host Member State;
Amendment 634 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e (new)
Article 10 – paragraph 1 – point e (new)
(e) an obligation to designate a legal or mandated representative to negotiate and where required conclude, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, or with the relevant public authorities and/or who can be contacted by the competent authorities of the host Member State and who is authorized to receive service;
Amendment 635 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f (new)
Article 10 – paragraph 1 – point f (new)
(f) other administrative requirements and control measures without which the competent bodies in the Member States cannot carry out their supervisory task effectively and where the task could not be fulfilled using less restrictive measures.
Amendment 636 #
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 disproportion shall allocate the necessary resources to ensure inspections and controls; they shall ensure that the procedures and formalities relating to the posting of workers can be completed by undertakings, at a distance and by electronic means as far as possible and that all administrative requirements are publicly available to the service providers and regularly updated.
Amendment 645 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Within three years after the date referred to in Article 20, the necessity, appropriateness and sufficient effectivity 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 establishment of common principles or standards for inspections in the field of the posting of workers as well as technological, social and economic developments of posting, with a view to proposing, where appropriate, any necessary amendments or modifications to ensure effective controls of employment conditions by the competent authorities of the host Member State.
Amendment 646 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. During the period of posting a worker the inspection of the working conditions lies within the responsibility of the authorities or body in charge of the host Member state. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 647 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 c (new)
Article 10 – paragraph 2 c (new)
2c. Inspection methods and mechanism that aim to control the rules laid down in Directive 96/71 and to detect breaches of the posting rules or the abuse for other purposes than the free provision of services, belong to the core part of the public policy provisions, as formulated in declaration 10 of the Council. Mandatory rules of the Member States to fight against undeclared labour and to avoid social dumping, related to cross border labour recruitment, cannot be restricted solely because these rules could hinder the free provision of services.
Amendment 649 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. In accordance with the rules on administrative cooperation the Member State of establishment has an obligation to deliver required information. Continuing non-compliance with this will be treated as infringement under EU-law.
Amendment 654 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 657 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States where labour inspectorates have noIn competeliance with respect to the control and monitoring of the working conditions and/or terms and conditions of employment of posted workers may, by way of exception, after consulting the social partners at national level, establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment, provided that the arrangements offerArt. 5 of 96/71/EC and in full respect of different labour market models, Member States are entitled to use a wide range of arrangements in line with their national law and practice to ensure compliance with 96/71/EC so as to guarantee the persons concerned an adequate degree of protection equivalent to that resulting fromas defined by Directive 96/71/EC and this Directive.
Amendment 660 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directive, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, alsobe it in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules,of establishment of the undertaking or the host Member State even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 670 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 672 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts, if they are more favourable than the stipulation in point a) and to national provisions according to which the parties to the collective agreements enforce these agreements.
Amendment 676 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Posted workers taking judicial or administrative proceedings shall not receive any unfavourable treatment by the employer. Posted workers of third national countries shall be given the right to reside in the EU until proceedings are terminated.
Amendment 678 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any entitlements due to him/her including but not limited to:
Amendment 685 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment covered by Article 3 of Directive 96/71/EC, would have been dueand related benefits, social security payments etc. including interest;
Amendment 707 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, theEach Member States shall ensure on a non– discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor cantake the necessary measures to ensure that an undertaking which appoints another undertaking to provide services is liable, in addition to and/or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment offor the obligations of that undertaking or subcontractor or hirer of labour appointed by that undertaking regarding the following:
Amendment 722 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;
Amendment 732 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
This shall not in any way preclude the application of already existing more stringent rules on national level nor the introduction of those.
Amendment 738 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 746 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 757 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 767 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Within three years after the date referred to in Article 20, the Commission shall,uncil and the European Parliament in consultoperation with the Member States andCommission and after consultation of the social partners at EU leveshall, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 769 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Existing systems of supply chain compliance already in place in Member States providing for better conditions and protection for workers shall in on way be restricted by the provision in this Directive.
Amendment 773 #
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 decisionsretroactive social security contributions in accordance with 987/2009/EC or notify a decision imposing a penalty or a fine or retroactive social security in accordance with 987/2009/EC.
Amendment 782 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 784 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
The requesting authority may notshall have to justify makeing a request for recovery of a penalty or a fine or retroactive social security contributions or notification of a decision imposing a penalty or fine if and as long as the fine or penalty, as well the underlying claim and/or the instrument permitting its enforcement in the requesting Member State, are contested in that Member State, except if execution is possible in the requested Member State.
Amendment 787 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non-recovery before the decision is final in accordance with Directive (...) on the freezing and confiscation of proceeds of crime in the European Union. The host Member States may additionally allow for an automatic affiliation of concerned workers into the social security system of the host Member State.
Amendment 789 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 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 without delay provide any information and mutual assistance which would be usefulrequested 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 793 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of recovery of a penalty or fine or retroactive social security contributions or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.
Amendment 796 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee.
Amendment 797 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1 a (new)
Article 14 – paragraph 3 – subparagraph 1 a (new)
The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 798 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2 a (new)
Article 14 – paragraph 3 – subparagraph 2 a (new)
The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by labour courts.
Amendment 801 #
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 matter. The requesting authority shall without delay notify the requested authority of the contestation. The requesting authority may however request the precautionary freezing and confiscation of assets to limit the risk of non-recovery before the decision is final in accordance with Directive (...) on the freezing and confiscation of proceeds of crime in the European Union".
Amendment 804 #
2012/0061(COD)
Proposal for a directive
Article -17 (new)
Article -17 (new)
Article -17 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions, which are more favourable to workers or to promote or permit collective agreements, concluded between the social partners, which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are respected.
Amendment 813 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 as far as possible and be accompanied by other established means of cooperation such as bilateral agreements.
Amendment 814 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The mutual assistance between the competent authorities of the Member States provided for in the relevant article of this Directive and Directive 96/71/EC shall be implemented via the existing established means and be complemented where possible with use of the Internal Market Information System (IMI), established by [reference to IMI Regulation]
Amendment 815 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continueIn accordance with the principles established in Articles 4 and 5 of Directive 96/71/EC Member States are at freedom to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.enforcement of Directive 96/71/EC and this Directive
Amendment 822 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. In the context of bilateral agreements referred to in paragraph 2, competent authorities of the Member States shall use IMI as much as possible. In any event, where a competent authority in one of the Member States concerned has used IMI, it shall be used for any follow-up required and shall take precedence over the mechanism(s) foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance.
Amendment 826 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a EU wide blacklist for serious violations Within three years after the date referred to in Article 20, the Commission shall present to the Council and the European Parliament an impact assessment for the feasibility of an EU wide blacklist for natural and legal persons repeatedly seriously violating the provisions of Directive 96/71/EC and this Directive
Amendment 827 #
Amendment 828 #
2012/0061(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Where Member States do not transpose the provisions of this directive, the Commission shall launch an ordinary infringement procedure or be tasked by the European Parliament to consider and where justified launch the infringement procedure
Amendment 2 #
2012/0003(COD)
Proposal for a directive
Article 1
Article 1
In Article 13(1) of Directive 2004/40/EC the date ‘30 April 2012’ is replaced by ‘30 April 20143’.
Amendment 1 #
2011/2312(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that employment and social policies play an important role infor a sustainable and socially balanced territorial development and have much to contribute to achieving the cohesion policy objectivereducing regional disparities, improving well-being of and providing equal opportunities to all citizens;
Amendment 2 #
2011/2312(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that a territorial approach can be an effective mechanism for promoting development, efinal delivery and effective imployement, education and poverty reduction, which are core objectives of the Europe 2020 strategyation of policies promoting economic, social and territorial cohesion in order to meet the Europe 2020 goals such as employment, education and poverty reduction;
Amendment 10 #
2011/2312(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that indicators on the social and employment situation, such as the adjusted disposable income after social transfers, should complement the GDP criteria of eligibility for structural funds, including the ESF, as the current indicator does not always adequately reflect specific needs on a regional level, especially on NUTS 2 level;
Amendment 11 #
2011/2312(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that an integrated territorial approach for the ESF is vital for implementation of the subsidiarity principle through multilevel governance and underlines the importance of ensuring adequate capaunderlines the importance of ensuring adequate capacity and ownership at local and regional NUTS 2 level, ensures the involvement of social and civil society at local and regional levelpartners as regions play a prominent role in the partnership;
Amendment 18 #
2011/2312(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that there are considerable employment and social disparities both between and within regions; which cannot always be reflected by the current indicator GDP/inhabitant; therefore believes that programmes have to be tailored toespecially to support the most needy regionals and sub-regional needsocially excluded people by taking into account indicators reflecting the social and employment situation and considers that the ESF has to continue supporting the development of local approaches in the field of employment and social inclusion while acknowledging the added-value of a cross-sectoral approach;
Amendment 33 #
2011/2312(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers it important that partnership contracts and operational programmes provide a comprehensive analysis of the disparities and development needs of territories andidentified by indicators reflecting the social and employment situation and that integrated strategies to address the specific needs of those geographical areas most affected by unemployment and poverty or of target groups at highest risk of discrimination or social exclusion, with special regard to marginalised communities;
Amendment 41 #
2011/2312(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure an open dialogue with the interested parties for the preparation of partnership contracts and all operational programmes; believes that, in order to efficiently use the territorial approach for actions funded from the ESF, it is essential to build mutual trust between stakeholder as laid down in the ‘Commission Staff Working Document on the partnership principle in the implementation of the Common Strategic Framework Funds - elements for a European Code of Conduct on Partnership’ (SWD(2012) 106 final); believes that, in order to efficiently use the territorial approach for actions funded from the ESF, it is essential to build mutual trust between stakeholders and to guarantee consultation and involvement in programming of non-governmental organisations representing civil society, particularly in areas such as environment, social inclusion, gender equality and equal opportunities.
Amendment 57 #
2011/2293(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on Member States to ensure legal certainty for volunteers so that different regimes in different Member States do not constitute barriers to cross-border volunteering and also to ensure better provision of information to volunteers in connection with their rights and the regulatory and institutional arrangements pertaining in the various Member States; requests Member States to examine their cross-border tax and social security arrangements in connection with cross- border volunteering to ensure they do not present additional barriers to such activity and that cross-borders volunteers are able to receive the social security benefits to which they are entitled in accordance with Regulation 2004/883;
Amendment 5 #
2011/2288(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the EU's cohesion policy makes an important contribution to the European economy and is the Community's largest source of investment to strengthen economic, social and territorial cohesion by reducing regional disparities and to deliver the Union strategy for smart, sustainable and inclusive growth;
Amendment 11 #
2011/2288(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in most European countries, large firms generate a substantive part of the business sector value added, and insists that for geographically targeted support, the size of the enterprise should not matter as the only criterion should be the quality and required sustainabihowever concludes that about 20.8 million small and medium-sized enterprises (SMEs) create over 87.46 million working places in the EU; recognises that the average height of subsidies for creating a new working place in SMEs is ten points less than in big companies, as shown by implementation reports on Structural funds; therefore supports the Commission proposals on the package of the Future of Cohesion Politcy of the project; to concentrate the ERDF on enhancing the competitiveness of SMEs;
Amendment 26 #
2011/2288(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that in the world of global competition, an option of cohesion policy support provides added value for companies when deciding in which world region to develop their operation capacities and where to transfer their knowhowEU support for the relocation of undertakings within the Union should be ruled out, also by fixing the durability of operations at 10 years, and pleads for a substantial lowering of the threshold for review of relocation investments including the exclusion of large enterprises from direct subsidies;
Amendment 31 #
2011/2288(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Endorses the economic rationale of a place-based development policy rooted in the fundamental logic that the interest of the Union's less-developed regions is likely to increase, should they be able to offer competitive comparative advantages as well as firm sets of incentives; in this context requests the Commission to support Member States and regions to pursue their own investment incentives policie particularly with a highly-skilled workforce; therefore requests the Commission to support the MS for adapting their training and education systems to ensure that the workforces can adjust their skills to the labour-market needs of a more sustainable economy founded on competence-based training concepts;
Amendment 37 #
2011/2288(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that high taxes and publiclevels of public and private debt are among the key concerns identified by companies investing in Europe; would be particularly concerned by any effort to harmonise corporation tax conditions inevitably giving rise to higher fiscal burden in some Member States, and would deny individual regions to remain fiscally competitive;
Amendment 46 #
2011/2288(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that the EU has an enormous strength in its cities, and that major urban infrastructure projects, and innovative business parks, provide the strongest appeal for they can contribute a great share to a low carbon economy; regards as essential, that cities should be recognised as essential partners to achieve the EU- targets on climate protection, therefore underlinvestment; urges the Member States to provide large-scale investments in infrastructure and technology that the support through the ERDF should guarantee an integrated approach for sustainable urban development, which includes investments in renewable energy, energy efficiency, sustainable transport and social inclusion; in order to enhance the liveability and in the same time to achieve competitiveness of Europe's cities.
Amendment 3 #
2011/2068(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the flagship initiative on resource efficiency and points to its crucial influence on sustainable development of territories and on the quality of life for present and future generation and their growing needs due to the demographic change; underlines the importance to focus investment on sustainable development with an emphasis on a resource efficient and low-carbon economy in order to better use the great potential of green jobs which will have a positive impact on the employment situation on local and regional level;
Amendment 8 #
2011/2068(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to focus investments on energy efficiency, renewable energies, energy efficiency of buildings and clean transport as well as on regional infrastructure for renewable energies, especially in disadvantaged regions; invites Member States to reinforce the contribution of structural funds to sustainable growth in the current programming period and asks the Commission to assess the modified operational programmes in an unbureaucratic and quick way;
Amendment 9 #
2011/2068(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for grater synergies between cohesion policy and neighbourhood policy for co-financing cross-border energy infrastructure projects;
Amendment 10 #
2011/2068(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that preserving regional ecosystems leads to sustainable jobs and socio-economic development, therefore calls for more investment in natural capital as a source of regional economic development; calls upon regions and Member States to use the possibility to refocus operational programmes on natural risk prevention and green infrastructure such as eco-corridors, coastal zones, forests and rivers;
Amendment 11 #
2011/2068(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Emphasises that eco-innovation can bring improved resource efficiency and new jobs in all economic sectors and needs support from structural funds by supporting local and regional clusters and SMEs in the green technology field;
Amendment 12 #
2011/2068(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Recalls that sustainable development has to be mainstreamed into the conception, implementation and evaluation of regional development projects and needs a set of sustainable development indicators that can be developed by national and regional authorities; emphasises that regions and cities should make more use of green public procurement;
Amendment 13 #
2011/2068(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in order to achieve a resource-efficient Europe, increased coordination and synergies between a wide range of policy areas and their various instruments should be implemented at regional, national and EU level with a view to ensuring their effectiveness; points out that regional policy already has a coordinated and integrated approach in place; notes that trade-offs between certain policy areas exist, and these need to be addressed; calls for a mainstreaming of climate protection in the future cohesion policy by using the NECATER tool which has been developed in France;
Amendment 21 #
2011/2068(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the crucial role of regional policy in supporting initiatives aiming at efficient use of resources, owing to its long-term development programmes, decentralised administration system and the incorporation of the EU's priorities for sustainable development and the valuable involvement of partners under the partnership principle which needs appropriate funding under technical assistance, capacity building of the partners and an upgrade in the context of simplification;
Amendment 35 #
2011/2068(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasizes that resource efficiency should be addressed at regional and local level, – taking into account the particularities and different development levels of European regions – and regional and local authorities and partners should be directly involved in the planning and implementation of relevant measures, including projects for energy efficiency in housing, construction and sustainable mobility; this would lead to a greater feeling of responsibility for the goals of resource efficiency at all levels;
Amendment 53 #
2011/2068(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that transparency in respect of cohesion policy and its programming cycle, allocation of expenditure and access to information for potential beneficiaries of the structural funds are key prerequisites for achieving the overall objectives of cohesion policy; calls on the Commission to ensure that financing of infrastructure investment is subjected to local democratic scrutiny and in accordance with the needs of users;
Amendment 56 #
2011/2068(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that the ERDF must continue to meet the complementary goals of efficient use of resources and the fight against energy poverty;
Amendment 58 #
2011/2068(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses the need to promote the financial engineering tool JESSICA for energy infrastructure and energy efficiency projects in urban areas.
Amendment 1 #
2011/2067(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Council Conclusions of 6 December 2010 on ‘Employment policies for a competitive, low-carbon, resource-efficient and green economy’,
Amendment 2 #
2011/2067(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the study of the European Centre for the Development of Vocational Training (CEDEFOP ‘Skills for Green Jobs’, 2010,
Amendment 8 #
2011/2067(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Agenda for new skills and jobs as part of the 2020 strategy, pointing out that only a workforce that is skilled is of fundamental importance for the development of a competitive, sustainable and innovative economy, underlines that the promotion of a resource-efficient, ecological, competitive and social economy is one of the objectives of the Europe 2020 strategy;
Amendment 9 #
2011/2067(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the UN Convention on the Rights of Persons with Disabilities and its entry into force in the Union on 21.01.2011, according to the Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities[1] , [1] OJ L 23, 27.1.2010, p. 35
Amendment 10 #
2011/2067(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
- having regard to the communication from the Commission of 21 September 2010 on Strategy for Equality between Women and Men 2010-2015 (COM(2010)0491),
Amendment 11 #
2011/2067(INI)
Motion for a resolution
Citation 14 c (new)
Citation 14 c (new)
- having regard to the Council conclusions of 7 March 2011 on the European Pact for gender equality for the period 2011-2020[1], [1] Council of the European Union Council Conclusions on the European Pact for Gender Equality for the period 2011-2020, 3073th Employment, Social Policy, Health and Consumer Affairs Council meeting, Brussels, 7 March 2011
Amendment 21 #
2011/2067(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Endorses the more effective use of funds for the development of new skills and the creation of new jobs, including in the burgeoning ‘green economy’; this involves principally the European Social Fund (ESF), the European Fund for Regional Development (EFRD), the European Agricultural Fund for Rural Development (EAFRD), the Lifelong Learning programme and the Progress programme; in this regard highlights the contribution of Cohesion Policy to the resource efficient Europe flagship initiative and its potential for sustainable growth to be considered; underlines the potential of a new sustainable economy and the specific need to develop green skills in order to allow workers to profit by this potential and to use the knowledge of civil society stakeholders on ecological and environmental issues by involving them in the drafting, delivery, monitoring and evaluation of the National Reform Programmes;
Amendment 22 #
2011/2067(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the promotion of a social, resource-efficient, ecological and competitive economy is one of the objectives of the Europe 2020 strategy,
Amendment 24 #
2011/2067(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the service sector, such as sales, security, cleaning, catering and caringoften characterised by low quality jobs and highly feminised, is still expected to provide most job growth between now and 2020 and could be the fastest growing area; whereas work in the services sector is characterised by high turnover both as regards workplaces and staff; whereas the sector needs to ensure better working conditions so that both workers and employers can profit from further job creation and maintenance,
Amendment 26 #
2011/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with enhancing the impact of the cohesion policy instruments, including the ESF, by focusing on concentrating financial resources on a smaller number of priorities, strengthening conditionality for institutional reforms, reinforcing the partnership principle, emphasising clear and measurable targets and establishing development and partnership investment contracts between the Commission and the Member States;
Amendment 33 #
2011/2067(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports policies designed to promote job creation taking into account the needs of small and medium-sized enterprises, which provide two thirds of all jobs in the private sector; calls on the Member States and the Commission to address in particular women's entrepreneurship which has remained stagnant over the last decade, to provide them with a friendly environment for job creation and safeguarding of jobs and to improve their access to finance;
Amendment 41 #
2011/2067(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the long term sustainability of training and higher education depends on various things, such as the state of public finances and, individual perceptions and the availability of care services, particularly child-care and dependent persons care,
Amendment 41 #
2011/2067(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Attaches importance to effective incentives and cost-sharing schemes with the aim of increasing public and private investment in the systematic training of workers and in Lifelong Learning focusing on ICT and digital literacy; underlines the importance to improve the access of people to ICT independent from their place of residence and social situation;
Amendment 45 #
2011/2067(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the number of jobs demanding higher qualifications is expected to rise and additional new sustainable qualifications will be needed for all skill segments,
Amendment 48 #
2011/2067(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the exchange of experience and the creation of networks between higher education institutions, research establishments and business centres as well as public institutions and local authorities is important for raising skills levels and adapting to the needs of the labour market; calls on local and regional authorities to promote the European Eco-Management & Audit Scheme (EMAS) and to encourage all economic sectors to strive to achieve EMAS registration; calls for the setting up of vocational guidance programmes for local and regional administrations in order to increase the general knowledge on ecological and environmental issues with a view to promote the development of a sustainable economy;
Amendment 49 #
2011/2067(INI)
Motion for a resolution
Recital H
Recital H
H. whereas migration, within, as well as into and out of, the EU, will increasingly influence the future size and composition of the working population in Member States and has important implications for skill demand and supply; whereas the competences and skills of workers with a migration background and of migrant workers are neither properly recognised nor exploited to the full at the workplace, since a disproportionately high number of such workers are employed in jobs for which they are greatly over-qualified,
Amendment 50 #
2011/2067(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission’s proposal to promote European centres of excellence within new academic specialisations for tomorrow’s jobs; underlines that, especially in urban areas, regional and local authorities are the best positioned and most capable of creating the conditions necessary for the growth of clusters of innovative enterprises; points out that such clustering can act as a decisive spur to local economic development and can create new jobs in regions;
Amendment 54 #
2011/2067(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to adopt measures to remove administrative and legal obstacles in order to increase labour mobility, both in the recognition of qualifications and in the portability of supplementary pension rights; welcomes the Commission’s initiative to reform the European Employment Services EURES network in order to improve services for mobile workers and jobseekers particularly in border regions; stresses that EURES has a key role in advising mobile workers and jobseekers as regards their rights and that this helps to deliver on a true internal market; underlines the important role of social partners regarding advice for workers in cross- border partnerships in order to improve the economic situation in border regions.
Amendment 61 #
2011/2067(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the European Commission with the New Skills and Jobs communication has missed the opportunity to address the potential of a new sustainable economy and the specific need to develop green skills in order to allow workers to profit from this potential; whereas the European Parliament and the European Council have repeatedly stressed the opportunities of a transition to a more sustainable economy for employment in Europe; whereas the recent study by CEDEFOP provides ample evidence of the importance and the need of new skills for green jobs in the future European labour market,
Amendment 62 #
2011/2067(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas gender gaps still remain in EU labour markets, including gender pay gap, gaps in part-time versus full time rates, gaps in employment rates, gap regarding the effect of parenthood on employment rates, gender pension gaps; whereas gender roles and labour market segregation in employment are a major obstacle to the functioning of EU labour market; whereas a new sustainable economy will take shape in an ageing society with a shrinking workforce, making it necessary to attract more women to perform paid labour by adapting work organisation and preparing employers in all sectors for a more diverse workforce,
Amendment 63 #
2011/2067(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas targeted and adapted up- skilling is essential to help people acquire new skills so that they can profit from the transition towards a more sustainable economy; whereas there are convincing economic arguments for up-skilling, labour market integration and social inclusion; whereas reducing investment in up-skilling will create a negative long- term impact,
Amendment 64 #
2011/2067(INI)
Motion for a resolution
Recital J d (new)
Recital J d (new)
Jd. whereas the proliferation of atypical employment contracts in most Member States has tended to aggravate labour market segmentation and to reduce the security of the most vulnerable; whereas there is a need for enhancing decent work and quality employment when investing in new jobs,
Amendment 73 #
2011/2067(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Regrets that the Commission Communication ‘New Skills and Jobs’ does not deliver on its promises but simply tries to regroup old solutions in a new format; regrets that the Communication does not address the job creation potential of the Green Economy, ignores the urgent challenges related to precarious work, unemployment and poverty and does not cover the gender dimension; calls on the European Commission to make a fresh and powerful effort to finally deliver on the key challenges of a Social Europe such as addressing inequalities, the risk of exclusion and poverty and a true improvement of working and living conditions; stresses that economic governance needs to go hand in hand with sound employment and social policies, installing minimum standards for workers across the EU;
Amendment 74 #
2011/2067(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, within the Europe 2020 strategy, Member States agreed on an employment target of 75% for the 20-64 years age group by 2020 and are requested to address barriers to women’s participation in the labour-market when implementing the Strategy[1]; calls on all stakeholders to intensify their efforts to make the Europe 2020 strategy a success;mplement the inclusion priority of the Europe 2020 Strategy and the integrated guidelines 7 to 10, involving civil society stakeholders in the drafting, delivery, monitoring and evaluation of the National Reform Programmes; stresses that most National Reform Programmes fall short of meeting both the employment and the poverty target; [1] See paragraph 5 of the Council Conclusions on the European Pact for Gender Equality for the period 2011- 2020,
Amendment 78 #
2011/2067(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the Commission has ignored the European Parliament's and European Council's conclusions on the potential of a new sustainable economy as well as the CEDEFOP analysis of the need for new skills for green jobs in the future; calls on the Commission to remedy this shortcoming by presenting a more integrated approach to new green skills in the planned communication on jobs in the new sustainable economy; calls on the European Commission to ensure that the environmental experts within the Commission are fully involved in this process;
Amendment 83 #
2011/2067(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the employment rate is closely linked toand economic performance are mutually reinforcing; strongly recommends that the Member States follow the guidelines for employment policies togetherjointly with broad economic policy guidelines in order to promote the creation of quality employment;
Amendment 90 #
2011/2067(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for a better coordination and the promotion of sustainable development of economic policies between; urges Member States in order to avoid unfair competition and market distortion; urges Member States to respect the rules on budgetary discipline in order to diminish the risk of falling into excessive deficit and calls on the Commission for an effective budgetary surveillance; and the EU to deliver on the social impact assessments as required in Art. 9 TFEU across all relevant policy fields and to take the social costs of rigid budgetary discipline and austerity measures into consideration, which risk jeopardising the necessary investments in skills development and new quality jobs;
Amendment 95 #
2011/2067(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission'’s flagship initiative within the Europe 2020 strategy to make the change towards a sustainable economy and urgently awaits action from the European Commission to deliver on the employment side of promoting the flagship initiative of a more sustainable economy; points out that the European Commission's performance regarding this flagship initiative can only be assessed by taking the employment perspective into account;
Amendment 100 #
2011/2067(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the combination of demographic change and changes in production chainrecent economic and labour market developments calls for better employment, education and work organisation strategies in order to maximise the competitiveness of the European economy, minimiimprove the working and living conditions in the EU, create new decent work, universal access to lifelong learning, qualification and skills, upgrading or re-skilling and effective combating of discrimination on the labour market; stresses the loss of human capital and create new job possibilitiesat targeted and adapted up-skilling is essential to help people acquire the necessary skills to profit from the transition towards a more sustainable economy; stresses the economic arguments for up-skilling, labour market integration and social inclusion;
Amendment 112 #
2011/2067(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that migrant workers, while strongly contributing to our productivity and economic growth, are particularly vulnerable and require special attention in terms of decent working and living conditions as well as access to social and health services, education and training; welcomes with regard to this the agenda’s key action 7 announcing the launch of a New Agenda for Integration of third country nationals, aiming, inter alia, at the mainstreaming of integration priorities of the Member States in all relevant policy areas;
Amendment 116 #
2011/2067(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that national flexicurity arrangements must be strengthened and adapted to the new socio-economic contexts of each individual Member Starebalanced by adapting social security schemes that enhance active inclusion by guaranteeing an individually granted, in accordance with poverty-proven minimum income, access to decent work and to affordable qualitsy specific needs, in orervices of general interest; considers to ensure a flexible and active labour market, efficient training and secure social security systemhat adequate social protection is a prerequisite for: - a sustainable social market economy, - an integrative and flexible labour market, - enabling people to alternate in a more flexible way between periods of employment and unemployment, training and re-skilling, - enabling business to adapt to new demands; warns against one-size-fits-all solutions;
Amendment 133 #
2011/2067(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that for many workers the reconciliation of work and family life remains a difficult task, which mainly hinders women from equal participation in the labour market; calls on the Member States to give all parents, especially single- parent families, opportunities for integration not only into working life but also into lifelong learning processes; encourages Member States to work towards a fair share of unpaid work between women and men by ensuring paid parental leave measures and the development of paid leave for care responsibilities; calls on the Commission to complement the existing legal framework on work/life balance, including provisions on paternity leave and leave for dependants other than children; calls on the Council to approve the draft legislative proposal regarding pregnant workers[1] (Maternity directive), [1] European Parliament legislative resolution of 20 October 2010 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, P7_TA(2010)0373
Amendment 141 #
2011/2067(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the Commission ignores the urgent need to overcome the shortcomings in European labour law which lead to a continuous violation of the principle of equal pay for equal work at the same workplace; deplores that instead of strengthening the equal pay principle both in relation to free movement of workers and to gender inequality, the Commission introduces a new concept of inequalities with its proposal for a ‘single open-ended contracts’ that would give young workers considerable less rights at the beginning of their working career; stresses that research indicates clearly that reducing rights does not help job creation but that a stable set of rights is a pre-requisite for flexible labour markets;
Amendment 146 #
2011/2067(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission'’s initiative to produce an EU Skills Panorama and to reform the European Employment Services EURES network in order to improve transparency for jobseekerservices for mobile workers and jobseekers; stresses that EURES has a key role in advising mobile workers and jobseekers as regards their rights and that this helps to deliver on a true internal market; underlines the important role of social partners regarding advice for workers in cross-border partnerships; stresses that EURES as a best practice for promoting fair mobility needs to be given the necessary resources to answer to the challenges of the European Labour Market and also in future support the important work of social partners in border regions;
Amendment 153 #
2011/2067(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for better monitoring of the upcoming skill demand in Europe and for an immediate transposition of the findings into education and the lifelong learning policies as well as budgetary policy of the Member States; considers that a ‘knowledge alliance’ that brings together business, social partners, associations and education institutions would be an useful instrument in addressing innovation and skills gaps;
Amendment 163 #
2011/2067(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the number of early school-leavers still remains high; calls on the Member States to implement policies to prevent early school leaving and to offer learning and training alternatives to students with learning difficulties; and to develop a coherent, holistic, long term approach to early childhood education and care as proposed in the relevant Commission’s Communication[1] [1] European Commission Early Childhood Education and Care: Providing all children with the best start for the world of tomorrow, COM(2011)66
Amendment 180 #
2011/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission'’s proposal to promote European centres of excellence within new academic specialisations for tomorrow'’s jobs; underlines that, especially in urban areas, regional and local authorities are the best positioned and most capable of creating the conditions necessary for the growth of clusters of innovative enterprises; points out that such clustering can act as a decisive spur to local economic development and can create new jobs in regions;
Amendment 185 #
2011/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages Member States to integrate ICT competences, digital literacy and transversal key competences such as communication in foreign languages, as well as entrepreneurship, into their vocational training and lifelong learning polictransversal key competences for personal fulfilment and development, active citizenship and employment, creativity, cultural awareness and intercultural capacities, mobility, social and democratic competences, into their vocational training and lifelong learning policies; stresses in this regard the importance of promoting and recognising both ‘hard’ and ‘soft’ skills to improve people’s employment opportunities;
Amendment 195 #
2011/2067(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages Member States to implement a dual system of education/training in order to introduce young people to the labour market from the earliest stage; calls, furthermore, calls on relevant stakeholders to ensure thate quality of traineeships and apprenticeships which should be an educational experience and lead to the provision of new jobs;
Amendment 202 #
2011/2067(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the expected skills shortage in the field of informatics and engineering; calls for a specific EU initiative to attract girls to the MINT professions (mathematics, informatics, natural sciences and technology) and to combat the stereotypes that still dominate these professions; stresses that the role of the media and education is key in combating such stereotypes;
Amendment 213 #
2011/2067(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers it necessary to improve mutual recognition of competences, diplomas and skills at EU level, including those acquired in non-formal and informal education with the same recognition being extended to workers from third countries;
Amendment 228 #
2011/2067(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States and the Commission to stimulate creation of small and medium-sized enterprises, to provide them with a regulatory friendly environment and to address in particular women’s entrepreneurship which has remained stagnant over the last decade, to provide them with a friendly environment for job creation and safeguarding of jobs and to improve their access to finance; recalls that 85% of jobs in the EU are provided by SMEs; urges all relevant stakeholders to remove barriers to business creation and its free movement;
Amendment 234 #
2011/2067(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to officially recognise the contribution made by social economy enterprises to the EU 2020 objectives, particularly in the area of increasing employment and reducing social exclusion, and to establish a legal framework characterising mutual societies, associations and foundations by their aims and distinctive form of social economic actors;
Amendment 247 #
2011/2067(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that a barrier-free and competitive single market has to be completedgo hand in hand with labour legislation that creates a level playing field, strong social security schemes, portability of rights and benefits in order to facilitate free movement of workers; in this regard, calls on the Commission and Member States to work closely with social partners and to encourage sharing of best practice and experience in this area and to ensure the portability of social rights for all workers;
Amendment 256 #
2011/2067(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly condemns undeclared work which endangers both society and workers; calls on the Member States to carry out regular checks and to initiate information campaigns in order to raise awareness of the rights of workers and the long-term disadvantages for workers employed in the black economy; calls on Member States to create incentives for employers to offer legal employment opportunities and to reduce incentives for precarious work or false self-employment such as lower social security contributions or tax cuts;
Amendment 262 #
2011/2067(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the health-care sector has a critical role to play in achieving the goals of the Europe 2020 strategy; furthermore considers that, because of demographic change, the health and social care sector is an important employer, whose significance is likely to grow and a key contributor to social inclusion; calls on the European Commission to support and implement the (expected) ILO convention supplemented by a recommendation on domestic workers in order to improve the often inhuman working conditions for workers in this sector; calls on the Commission to initiate a study on care assistants employed in clients'’ homes in order to establish whether EU legislation provides sufficient social protection for this category of workers which are primarily women;
Amendment 267 #
2011/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the potential of social, health, care and education services to create new employment and demands a strong and sustainable investment in these key services and infrastructures as well as for decent working conditions to support quality service provision; looks forward to the Commission’s action plan to address the gap in the supply of health workers;
Amendment 281 #
2011/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. NotCriticises that flexicurity policies of the 20th century are put at the centre of the Agenda, andNew Skills and Jobs Agenda; shares the Commission'’s assessment that the crisis has put national flexicurity arrangements to a serious test showing often its failures especially as regards young workers;
Amendment 290 #
2011/2067(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses, however, that flexicurity alone cannot remedy the crisis and calls on the Commission, Member States and the social partners to pay special attention to workers fromvulnerable and disadvantaged groups, such as young people, low-skilled workers and workers with disabilities;workers,
Amendment 311 #
2011/2067(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that, in order to emerge stronger from the economic crisis, to become more competitive and convergent, with higher levels of growth, and to secure our welfare systems in the long term, Europe needs toand to improve both the labour market and the fight for social inclusion, Europe needs to make better use of its labour force potential and to address the needs of workers so that the labour marke full use of its labour force potentialt creates the working conditions which allow individuals to remain active along the working biography;
Amendment 322 #
2011/2067(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the importance of mainstreaming the rights of persons with disabilities in the implementation of the Agenda, as well as in all aspects of the Europe 2020 strategy; calls upon the Commission to take appropriate measure to promote development of and access to universally designed goods and services as enshrined in Article 29 of the UN CRPD, including exchange of best practices;
Amendment 325 #
2011/2067(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 338 #
2011/2067(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises that better and stronger EU policies promoting gender equality and the reconciliation of work, family and private life canshould contribute to increased participation of women and men in the labour market;
Amendment 348 #
2011/2067(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that pursuing the objective of full employment has to be complemented by strengthened efforts to improve the job quality, working and living conditions and pay particularly in light of the persistent gender pay gap of all employees;
Amendment 351 #
2011/2067(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that job quality has to be promoted as a multidimensional concept, covering both employment relations and work itself; calls on the Commission to accept that economic governance without employment and social governance will not function; calls on all actors at EU level to cooperate in creating a joint European approach to Decent Work and Job Creation by ensuring a safety net of minimum standards, adequate health and safety protection and properly implemented labour law; calls on the Commission to step up efforts to review the EU definition and common indicators of job quality, to make them more operational for the evaluation and benchmarking of Member States'’ policies; considers that social dialogue plays an important role in promoting decent work and quality employment and thus calls on involving key stakeholders in the field of industrial relations in such a review;
Amendment 356 #
2011/2067(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Emphasises the importance of integrating stakeholders'’ efforts to improve job quality and the use of appropriate policy instruments, including legislation, policy coordination, strengthening the exchange of good practice and autonomous agreements of the social partners;
Amendment 359 #
2011/2067(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that adequate social protection should be at the core of employment quality and thus also of the job quality concept; considers that poverty-preventing social protection should be at the core of quality employment and thus of the concept of job quality;
Amendment 361 #
2011/2067(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Encourages the Commission to strive for a more ambitious Agenda on New Skills and Jobs addressing areas with true job potential such as the green sustainable economy as well as current key challenges of labour law; deplores the current lack of drive and action especially as regards challenges relating to sustainable green jobs; stresses that the EU will lose leadership regarding exploiting the job potential of the new sustainable economy to emerging economies and the United States if the matters of up-skilling, innovation, investments in sustainable economy and high quality social security systems underlining decent work are not addressed; encourages the Commission to complete its pre-legislative activities and put forward the legislative proposals announced in the Agenda, fully respecting the outcome of its economic and social impact assessment and the autonomy of the social partners; welcomes the Commission'’s plans to review the effectiveness of the legislation concerning job quality and working conditions, taking due account of developments;
Amendment 1 #
2011/2035(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to Article 2 of the Treaty on the European Union (TEU) and Article 3(3), second paragraph TEU, which underlines equality between women and men as a fundamental principle of the European Union and also an objective of the Union,
Amendment 1 #
2011/2035(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Article 3 (3) first paragraph of the Treaty of the European Union (TEU) which underlines that the EU shall work for a high level of protection and improvement of the quality of the environment,
Amendment 2 #
2011/2035(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Communication from the Commission Europe 2020 - A European strategy for smart, sustainable and inclusive growth (COM(2010)2020) and its targets and Flagship initiatives,
Amendment 2 #
2011/2035(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to Article 191 of the Treaty on the Functioning of the European Union (TFEU) which underlines that the Union shall pursuit the objective of preserving, protecting and improving the quality of the environment and the prudent and rational utilisation of natural resources as well as the fight against climate change on regional and international level,
Amendment 3 #
2011/2035(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
– having regard to the communication from the Commission on "The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion" (COM (2010)758),
Amendment 3 #
2011/2035(INI)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- having regard to Article 2, Treaty on the European Union (TEU) and Article 3(3), paragraph 2 of the TEU which underline equality between women and men as a fundamental principle of the European Union and also an objective of the Union,
Amendment 4 #