87 Amendments of Anne VAN LANCKER
Amendment 48 #
2008/2318(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the European Commission to take urgent action to carry out its commitments in the field of health as regards the conclusions and recommendations of the European Court of Auditors January 2009 report on "EC Development Assistance to Health Services in Sub-Saharan Africa"; stresses the importance of increasing the European Commission's aid to the health sector in Sub-Saharan Africa during the tenth EDF midterm review to support its commitment to the health MDGs;
Amendment 58 #
2008/2249(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to intensify its efforts to promote more and better cooperation and coordination between national administrative bodies, inspectorates, government enforcement agencies, social security authorities and tax authorities; calls, furthermore, on Member States to introduce more stringent inspection procedures and to favour closer links between national labour inspectorates, thus allowing for increased cooperation and coordination among them; calls on the Commission to develop quality standards for labour inspectorates and to carry out a feasibility study of possible arrangements for establishing a European network of labour inspectorates;
Amendment 58 #
2008/2246(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to take, as soon as possible, measures to ensure the proper transposition of Directive 2002/14/EC by the Member States; calls on the Commission to initiate infringement proceedings against Member States which have not transposed the directive or which have failed to do so correctly;
Amendment 3 #
2008/2203(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the gender roles that a society assigns to its children have a determining effect on their future: their access to food and education, their labour force participation, their status in relationships and their physical and psychological health,
Amendment 24 #
2008/2203(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that focused interventions for girls are required to give them the same opportunities as boys to attend school, obtain sufficient food, be allowed to express their opinions and gain access to healthcare;
Amendment 25 #
2008/2203(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that investing in girls' education is the investment with the greatest impact in terms of poverty eradication, reduction of population growth, lower infant and child mortality, less widespread malnutrition, rising school attendance and improving health;
Amendment 17 #
2008/2170(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. Whereas the 26 - 27 of May 2008 the GAERC Conclusions underlined the need for a flexible approach while ensuring adequate progress and called on the Commission to use all WTO-compatible flexibility and asymmetry in order to take account of different needs and levels of development of the ACP countries and regions;
Amendment 26 #
2008/2170(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Member States to respect their commitments to increase Official Development Aid (ODA), which will enable an increase in Aid for Trade, and to establish accompanying measures in the form of regional Aid for Trade packages for the implementation of the EPAs contributing to the positive impact of the EPAs on development; Stresses the fact that signing an EPA is not imposed as a precondition to receive Aid for Trade Funds;
Amendment 28 #
2008/2170(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Insists that EPAs are an instrument to development which should reflect both national and regional interest and needs of the ACP countries in order to reduce poverty, achieve the MDGs and respect fundamental human rights such as the right to food or the right to access basic public services;
Amendment 38 #
2008/2170(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that, since conformity with the rules of the WTO requires only an agreement on trade in goods, the Commission must not impose negotiations on services or the ‘Singapore subjects’ if the ACP countries do not want them; points out that, in any case, public services must remain outside the framework of liberalisation laid down by the EPAs;
Amendment 44 #
2008/2170(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that EPAs agreements should incorporate a revision clause for a revision 3 years after their signature, to which National Parliaments, European Parliament and Civil Society must be formally associated; this period will enable a detailed evaluation of the impact of EPAs on the economies and regional integration of the ACP countries and appropriate reorientations to be carried out;
Amendment 49 #
2008/2170(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that there is a need to increase transparency in the negotiations and their outcomes in order to allow for public scrutiny by policy makers, parliamentarians and civil society representatives;
Amendment 56 #
2008/2170(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses in particular the crucial role of national parliaments and non-state actors in the monitoring and control of EPAs and asks that the European Commission guarantee their systematic involvement in the on-going negotiation procedures; this requires a clear agenda for further negotiations, to be agreed by ACP countries and the EU and based on a participatory approach;
Amendment 57 #
2008/2170(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. recommends that the timetable of the European Parliament should, while guarding a measure of flexibility, await and take account of the opinions of the ACP parliaments on the outcomes of the EPA negotiations, before giving its assent;
Amendment 69 #
2008/2111(INI)
Proposal for a recommendation
Paragraph 1 – point w f (new)
Paragraph 1 – point w f (new)
(wf) considers that maternal mortality rates remain unacceptably high in many developing countries, with more than 500 000 women dying each year from treatable and preventable complications relating to pregnancy and childbirth; therefore urges EU Member States to dramatically step up efforts and funding so as to ensure universal access to sexual and reproductive health information and services which are essential for the attainment of the health MDGs, gender equality and the fight against poverty,
Amendment 64 #
2008/2085(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas the choice of the legal basis of the PWD is based on the assumption that posted workers do not enter the host state's labour market; whereas the lack of a time limit for being considered as a 'posted' worker combined with the frequent reliance upon posting of workers scenarios show that posted workers nevertheless often enter the host state's labour market,
Amendment 145 #
2008/2085(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement that are not justified to protect workers, if employees do not already receive more favourable conditions in the country of origin;
Amendment 279 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 a (new)
Paragraph 23 – indent 5 a (new)
- acknowledge the fact that the host Member State is entitled to impose a level of protection to workers posted on its territory that stretches beyond the provisions of Article 3(10) for overriding reasons relating to the public interest;
Amendment 280 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 b (new)
Paragraph 23 – indent 5 b (new)
- introducing the obligation for service providers to pay travelling, boarding and lodging costs for their posted workers;
Amendment 281 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 c (new)
Paragraph 23 – indent 5 c (new)
- that Member States, in cooperation with the European Commission, shall set up a permanent European platform for cross border cooperation between all national bodies responsible for the enforcement of terms and conditions of employment under the PWD;
Amendment 282 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 d (new)
Paragraph 23 – indent 5 d (new)
- the introduction of a compulsory system of joint and several liability, according to which general or principal undertakings and any intermediate subcontractor are held responsible jointly and severally for any payments under the PWD;
Amendment 283 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 e (new)
Paragraph 23 – indent 5 e (new)
- clarifying that the Member States' obligation to make the information on the terms and conditions of employment referred to in Article 3 generally available also involves translating the applicable terms into a transparent, reliable and accessible package of conditions;
Amendment 10 #
2008/2050(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to implement a clear division between development spending and spending on foreign policy interests; also asks Member States to make a clear distinction in their ODA figures between genuine development assistance and spending in Europe on welcoming foreign students, receiving refugees and debt cancellation;
Amendment 13 #
2008/2050(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that reductions in Member States´ reported ODA should not take place again; points out that the EU will have given EUR 75 billion less than was promised for the period 2005-2010 if the current trend continues;
Amendment 14 #
2008/2050(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses serious concern that soma majority of the Member States (especially Latvia and the Czech Republic) are falling behind in reaching ODA commitments for 201018 out of 27) are unable to raise their level of ODA between 2006 and 2007 and that there has even been a dramatic reduction of over 10% in a number of countries such as Belgium, France and the United Kingdom; calls on Member States to fulfil their ODA volumes as committed; notes with satisfaction that some Member States (Denmark, Ireland, Luxembourg and the Netherlands) are certain to reach the ODA targets for 2010, and is confident that these Member States will maintain their high levels of ODA;
Amendment 16 #
2008/2050(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the approach of some Member States to develop multi-annual timetables for increasing ODA levels to meet the UN target of 0,7% by 2015; asks Member States that have not yet done so to disclose their multi-annual timetables as quickly as possible; stresses that Member States should adopt these prior to the forthcoming International Conference on Financing for Development and fulfil their commitments;
Amendment 41 #
2008/2050(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. calls on the European Commission to review the sustainability of, and arrangements for, introducing a European levy on currency transactions which, by its own estimates, could raise between EUR 7 and 11 billion each year if the levy were set at 0.01%; calls on Member States to follow the example of Belgium and Austria in introducing a levy on currency transactions that enters into force once all Eurozone Member States have brought this into their legislation;
Amendment 3 #
2008/2048(INI)
Motion for a resolution
Citation 15a (new)
Citation 15a (new)
- having regard to the United Nations Millennium Development Goals Report 2007,
Amendment 4 #
2008/2048(INI)
Motion for a resolution
Recital B
Recital B
B. whereas this situation leads to low levels of ownership, less effective programmes and developing countries being greatly overloaded with donor demands, a division between so called donor 'darlings' and 'orphans', and the neglecting of crucial sectors such as health, education and gender-friendly programmes,
Amendment 9 #
2008/2048(INI)
Motion for a resolution
Recital Ea (new)
Recital Ea (new)
Ea. whereas recent OECD figures show that overall, EU aid has decreased significantly in 2007,
Amendment 15 #
2008/2048(INI)
Motion for a resolution
Recital Ha (new)
Recital Ha (new)
Ha. whereas the brain drain has led to a critical shortage of health workers and other key skilled personnel in developing countries which in turn frequently prevents aid effecting results on the ground,
Amendment 18 #
2008/2048(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the current system of allocating aid too often falls short, with many poor countries and critical issues, such as health, education, social cohesion and gender equality, receiving small aid allocations,
Amendment 19 #
2008/2048(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the EU is committed to tackling the question of ‘orphaned’ or neglected countries and sectors in the context of its above-mentioned Code of Conduct on Division of Labour, beginning to look at allocations into situations of fragility,
Amendment 23 #
2008/2048(INI)
Motion for a resolution
Recital Sa (new)
Recital Sa (new)
Sa. whereas the role of civil society is essential, both as a partner in the political dialogue on aid effectiveness and setting aid priorities, and as “watchdog” for monitoring government spending,
Amendment 26 #
2008/2048(INI)
Motion for a resolution
Recital U
Recital U
U. whereas improving the quality of aid and increasing the quantity of aid are both vital for achieving the MDGs and aid effectiveness cannot be a pretext for not reaching the commitments that the Member States made according to the Monterrey agreements in 2002,
Amendment 27 #
2008/2048(INI)
Motion for a resolution
Recital Ua (new)
Recital Ua (new)
Ua. whereas the European Consensus on Development recognises gender equality as a goal in its own right and commits the EU to strengthening its approach to gender equality in all EU development cooperation and whereas the EC Communication on Gender Equality and Women’s Empowerment in Development Cooperation commits EU donors to ensure the effective implementation of strategies and practices that genuinely deliver for women,
Amendment 41 #
2008/2048(INI)
Motion for a resolution
Paragraph 5a (new)
Paragraph 5a (new)
5a. Calls on the Commission and the Member States to ensure that EU policies as well as the aid architecture support the Paris Principle of managing for results, particularly to achieve results in the MDGs least likely to be fulfilled according to the UN Millennium Development Goals Report 2007, such as MDG5;
Amendment 46 #
2008/2048(INI)
Motion for a resolution
Paragraph 6a (new)
Paragraph 6a (new)
6a. Stresses that the division of labour should be country-led, based on the Paris Declaration principles and results-focused and lead to sufficient financing of all sectors in each partner country;
Amendment 51 #
2008/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports the role that the Commission is playing in order to harmonize development co-operation among Member States in headquarters and in the field and emphasises the added value of the Commission in taking a leading role in the political dialogue between the EU and the partner country, based on the EU’s common values such as the promotion of human rights and gender equality;
Amendment 60 #
2008/2048(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to improve the clarity of the definitions (ODA sectorial allocation) so as to improve consistency of the results and reduce the transaction costs of managing the Commission and Member States data at country level; urges the Commission and the Member States to exclude debt cancellation, particularly cancellation of export credit debts, money spent in Europe on students and refugees from aid figures from ODA;
Amendment 64 #
2008/2048(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Members States to completely untie their aid in line with the DAC recommendation of 2001 for countries eligible under the European Development Fund (EDF) and with Article 31 of the DCI Regulation, and on technical assistance, food aid and food transport aid;
Amendment 65 #
2008/2048(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to respect real democratic ownership of the development process by phasing out economic policy conditionalityphase out policy- oriented conditionality, especially economic policy conditionality, and replace it by mutually agreed contracts, reflecting a common understanding on key priorities, such as in particular the MDGs; Calls on the EU to use its influence to convince the World Bank and the IMF to move towards the same transition;
Amendment 71 #
2008/2048(INI)
Motion for a resolution
Paragraph 17a (new)
Paragraph 17a (new)
17a. Stresses the particular need for improvement of the health MDGs for situations of fragility and for DG ECHO and DG Development to coordinate their work throughout the humanitarian aid phase, the transitional phase and the development phase ( Linking Relief, Rehabilitation and Development) as stated e.g. in the European Consensus on Humanitarian Aid;
Amendment 73 #
2008/2048(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the need to intensify the Commission's consultations with civil society partners in headquarters and in the field through better structured meetings on policy, strategic programming and aid effectiveness issues; calls on donors and partner governments to ensure the full and meaningful participation of civil society in the planning, implementation, monitoring and assessment of budgets and programs and to support the conditions that are necessary to fulfil their roles;
Amendment 77 #
2008/2048(INI)
Motion for a resolution
Paragraph 18b (new)
Paragraph 18b (new)
18b. Stresses that the involvement of women and the women’s movements in the formulation and delivery of policy and programmes; implementation, monitoring and evaluation should be seen as an integral part of ensuring real ownership, given the disproportionate impact of poverty on women;
Amendment 82 #
2008/2048(INI)
Motion for a resolution
Paragraph 21a (new)
Paragraph 21a (new)
21a. Urges the Commission and the Member States to align their aid to the country system by using general and sectoral budget support, which has to be based on a solid poverty reduction plan that strengthens domestic accountability and which has to be linked to the shared commitment on reducing poverty and achieving the MDGs, on respecting human rights and on strengthening and improving monitoring, financial management and accountability;
Amendment 83 #
2008/2048(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need to make a multi-year (3 years or more) aid commitments by the Commission and the Members States based on clear and transparent criteria and poverty eradication outcomes including specific sectoral outcomes, agreed with partner countries, and the delivery of those commitments on schedule, in a transparent manner so as to allow investment in building the human resources so vital for improving aid effectiveness; welcomes the initiative of MDG-contracting to ensure a more predictable form of budget support in the longer-term; insists however that this involves a strong commitment to achieving the MDGs by partner countries and that continuous monitoring with a strong focus on results is needed;
Amendment 90 #
2008/2048(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that Aid reform is only one of the steps that the EU must take along with making its trade, security, migration, agriculture, fisheries, energy, environment, climate change and other policies coherently work with the development objectives to benefit developing countries and promoting a fair international financial and trade system in favour of development;
Amendment 96 #
2008/2048(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the aid effectiveness debate should not be understood as against the scaling up of aid as both issues are closely interrelated; urges the Commission and the Member States to reconfirm their commitment of achieving its collective target of 0.56% in 2010 and 0.7% in 2015, to scale up aid and to set ambitious multi- annual timetables to measure the gradual rise in aid budgets;
Amendment 29 #
2008/2047(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission report and reiterates the dualtwofold nature of gender mainstreamingpolicy on gender equality at EU level, on the one hand ensuring equality between women and men in all policy areas (gender mainstreaming) and, on the other hand, targeted measures to curb discrimination against women, including awareness- raising campaigns, the exchange of best practices, dialogues with citizens and public-private partnership initiatives;
Amendment 36 #
2008/2047(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers overall women participation in decision-making on local, national and EU levels to be insufficient, therefore invites the Commission, the Member States and political parties to consider positive actions to improve the situation; notes in this connection the positive effects of the use of electoral quotas on the representation of women;
Amendment 38 #
2008/2047(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the lack of progress as regards the gender pay gap over the last few years; thus, urges the Commission and the Member states to evaluate the strategies and actions in this area and to establish whether any new measures, or new approaches in implementation of existing measures, may improve the situation; supports in this connection the suggestion by the Advisory Committee on Equal Opportunities that the existing European legislation on the subject should be rendered more stringent by inserting a requirement for employers to conduct wage audits and draw up action plans in order to close the wage gap; stresses the need for a concerted action, especially in the context of the new cycle of the European Strategy for Growth and Jobs and for common principles of flexicurity;
Amendment 52 #
2008/2047(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to pay attention to the situation of helping spouses in agriculture, both from the gender equality perspective and taking into account the fact that women are in a more vulnerable position than men; calls on the Commission, as a matter of urgency, to submit its proposal for revision of Directive 86/613/EEC on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood1, with a view to eliminating indirect discrimination, introducing a positive requirement of equal treatment and improving the legal status of assisting spouses; 1 OJ L 359, 19.12.1986, p. 56.
Amendment 61 #
2008/2047(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the consultation between the Commission and the social partners aiming at improving the legislative and non- legislative frameworks for reconciliation of professional, family and private lives; is also looking forward to an analysis of that consultation and to proposals originating from it, in particular proposals relating to maternity leave, parental leave, paternity leave, adoption leave and care for dependent leave; considers moreover that the Framework Agreement on Parental Leave could be improved with regard to the following points: provision of incentives for fathers to take parental leave, improving the employment rights of workers who take parental leave, making the leave arrangements more flexible, the duration of parental leave and pay during it;
Amendment 3 #
2008/2025(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the problem of the precarious financing situation in Heading 4 resulting from needs in Kosovo and Palestine that could not be foreseen when the MFF was established; believes that this problem can only be addressed through a comprehensive revision of the MFF leading to increases in the Heading 4 ceiling for the period 2009-2013; points out that the thematic programme "Investing in People" needs to serve a great number of policies and programme priorities and that some of these priorities (e.g. health) have seen a reduction in spending and have not reached their annual average, as programmed for the period 2007-2013;
Amendment 57 #
2008/2012(INI)
Motion for a resolution
Recommendation 4 − Paragraph 2 – indent 3 a (new)
Recommendation 4 − Paragraph 2 – indent 3 a (new)
- legal powers to bring wage discrimination cases to court
Amendment 79 #
2008/2012(INI)
Motion for a resolution
Recommendation 6 − point 6.3. – indent 4 a (new)
Recommendation 6 − point 6.3. – indent 4 a (new)
- identity of offenders should be made public
Amendment 80 #
2008/2012(INI)
Motion for a resolution
Recommendation 6 a (new)
Recommendation 6 a (new)
The organisation of a European Equal Pay Day – the day on which women in Europe have earned (on average) the pay which men earn (on average) in a year – must contribute to raising awareness about the existing wage gap and encourage all those involved to take additional initiatives to eliminate this gap.
Amendment 61 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 7 – paragraph 2
Article 7 – paragraph 2
-1g. Paragraph 2 of Article 7 shall is replaced by the following: "2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of: [...] transfer to daytime work [...] ."
Amendment 97 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 92/85/EEC
Article 8 a (new)
Article 8 a (new)
1a. The following Article 8a shall be inserted: "Article 8a Paternity leave Member States and/or social partners shall take the necessary measures to ensure that workers are entitled to a continuous period of paid paternity leave of at least 2 weeks, allocated after confinement of their spouse/partner in accordance with national law, collective agreements and practices."
Amendment 111 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 92/85/EEC
Article 10 a (new)
Article 10 a (new)
2a. The following Article 10a shall be inserted: "Article 10 a Breastfeeding 1. A woman shall be provided with the right to one or more daily breaks or a daily reduction of hours of work to breastfeed her child. 2. The period during which nursing breaks or the reduction of daily hours of work are allowed, their number, the duration of nursing breaks and the procedures for the reduction of daily hours of work shall be determined by national law and practice. These breaks or the reduction of daily hours of work shall be counted as working time and remunerated accordingly."
Amendment 125 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 - point d (new)
Article 1 – point 3 - point d (new)
Directive 92/85/EEC
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall take the measures necessary to ensure that workers, within the meaning of Article 2, may, during maternity leave or when returning from maternity leave, as provided for in Article 8, request changes to their working hours and patterns, and that employers shall be obliged to consider such requests seriously, taking employers'’ and workers'’ needs into account, and shall provide objective reasons when refusing such requests.
Amendment 129 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 -point da (new)
Article 1 – point 3 -point da (new)
Directive 92/85/EEC
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
(da) The following paragraph 5a is inserted: "5a. Member States shall, in accordance with their national traditions and practice, take adequate measures to promote dialogue between the social partners at relevant levels to provide for reintegration and training support for workers returning to work after maternity leave".
Amendment 134 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 92/85/EEC
Article 12 a a (new)
Article 12 a a (new)
3a. The following Article 12aa is inserted: "Article 12aa Prevention of discrimination Member States shall, in accordance with their national traditions and practice, take adequate measures to promote dialogue between the social partners at relevant levels with a view to putting in place effective measures to prevent discrimination against women on the grounds of pregnancy, maternity or adoption leave."
Amendment 31 #
2008/0142(COD)
Proposal for a directive
Recital 5
Recital 5
(5) As confirmed by the Court of Justice on several occasions, while recognizing their specific nature, all types of medical caremedical services provided for consideration fall within the scope of the EC Treaty provisions on the freedom to provide services.
Amendment 43 #
2008/0142(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is appropriate to require that also patients who go for healthcare to another Member State in other circumstances than those envisaged for coordination of social security schemes established by the Regulation (EEC) No. 1408/71 should be able to benefit from the principles of free movement of services in accordance with the Treaty and the provisions of this Directive. Patients should be guaranteed assumption of the costs of that healthcare at least at the level provided for the same or similar healthcaretreatment which is the same or equally effective for the patient had they been provided in the Member State of affiliation. This fully respects responsibility of the Member States to determine the extent of the sickness cover available to their citizens and prevents any significant effect on the financing of the national healthcare systems. Member States may nevertheless provide in their national legislation for reimbursement of the costs of the treatment at the tariffs in force in the Member State of treatment if this is more beneficial for the patient. This may be the case in particular for any treatment provided through European reference networks as mentioned in Article 15 of this Directive.
Amendment 49 #
2008/0142(COD)
Proposal for a directive
Recital 30
Recital 30
(30) There is no definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Community definition of hospital care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may be appropriate to submit to the same regime of hospital care also certain other kinds of healthcare, if that healthcare requires use of highly specialised and cost-intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting a particular risk for the patient or the population (e.g. treatment of serious infectious diseases) and for which planning is necessary in order to maintain its balanced geographical distribution, to control costs and to prevent any significant wastage of financial, technical and human resources. A regularly updated list of such treatments shall be specifically defined by the Ccommission through the comitology procedurepetent authorities of the Member State of affiliation.
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cannot be excluded that the possible risk of seriously undermining a social security system's financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of frIn the light of the case-law developed by the Court of Justice, Member States may make the assumption of costs of hospital care in another Member State by their statutory social security system subject to the granting of a prior authorisation. The prior authorisation requirement is justified by the needom to provide services. The Court of Justice has also recognised thateserve the financial balance of their social security system and by the need to plan the number of hospital infrastructures, their geographical distribution, the way in which they are organised and the facilitiesmode of their organisation, the equipment with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive should provide for a system of prior authorisation for assumption of costs for hospital care received in another Member State, where the following conditions are met: had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. As the assessment of the precise impact of an expected outflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8. The aims of hospital planning are to ensure, within each Member State, sufficient permanent access to a balanced range of high-quality hospital care, to assist in meeting a desire to control costs and, so far as it is possible, to prevent wastage of financial, technical or human resources. The same reasoning applies to specialized healthcare which requires planning because it involves treatments requiring the use of highly specialised and cost-intensive medical infrastructure or medical equipment or because it involves involving treatments presenting a particular risk for the patient or the population.
Amendment 52 #
2008/0142(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In any event, if a Member State decided to establish a system of prior authorisation for assumption of costs of hospital or specialised care provided in another Member States in accordance with the provision of this Directive, the costs of such care provided in another Member State should also be reimbursed by the Member State of affiliation up to the level of costs that would have been assumed had the same or similar healthcaretreatment which is the same or equally effective for the patient been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received. However, when the conditions set out in Article 22(2) of Regulation (EEC) No 1408/71 are fulfilled the authorisation should be granted and the benefits provided in accordance with that Regulation. This applies in particular in instances where the authorisation is granted after an administrative or judicial review of the request and that the person concerned has received the treatment in another Member State. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply. This is in line with the case law of the Court of Justice which has specified that patients who received a refusal of authorisation subsequently held to be unfounded, are entitled to have the cost of the treatment obtained in another Member State reimbursed in full according to the provisions of the legislation in the Member State of treatment.
Amendment 53 #
2008/0142(COD)
Proposal for a directive
Recital 33a (new)
Recital 33a (new)
(33a) Refusals to grant prior authorisation cannot be merely based on the existence of waiting lists enabling the supply of hospital care to be planned and managed on the basis of predetermined general clinical priorities, without carrying out in the individual case in question an objective medical assessment of the patient's medical condition, the history and probable course of his illness, the degree of pain he is in and/or the nature of his disability at the time when the request for authorization was made or renewed.
Amendment 59 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcarecommon rules to ensure patient mobility and to coordinate specific areas of cross-border healthcare whilst fully respecting the responsibility for the definition of social security benefits related to health and the organisation and delivery of healthcare, medical care and social security benefits.
Amendment 71 #
2008/0142(COD)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
2. When the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22 of Regulation (EC) No 1408/71 must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcareThis Directive does not address the assumption of costs of healthcare which become necessary on medical grounds during a temporary stay of insured persons in another Member State. Nor does this Directive affect patients' rights to be granted an authorisation for a treatment in another Member State in owhere ther circumstances, Articles 6, 7, 8 and 9 of this Directive apply andonditions provided for by the regulations on coordination of social security schemes, in particular Article 22 of Council Regulation (EEC) No 1408/71 shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accordedof the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community and Article 20 of Council Regulation (EC) No 883/2004 of the European Parliament and of the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not applyCouncil of 29 April 2004 on the coordination of social security systems are met.
Amendment 75 #
2008/0142(COD)
Proposal for a directive
Article 4 - point a
Article 4 - point a
(a) "healthcare" means a health service provided by or under the supervision of a health professional in exercise of his profession, and regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or privateto patients in order to assess, maintain or restore their state of health. For the purpose of Articles 6, 7, 8, 9, 10 and 11, healthcare means treatments that are among the benefits provided for by the legislation of the Member State of affiliation;
Amendment 98 #
2008/0142(COD)
Proposal for a directive
Article 6 - paragraph 1
Article 6 - paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcaretreatment or treatment which is equally effective for the patient been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided.
Amendment 104 #
2008/0142(COD)
Proposal for a directive
Article 6 - paragraph 2
Article 6 - paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcaretreatment or treatment which is equally effective for the patient been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received.
Amendment 106 #
2008/0142(COD)
Proposal for a directive
Article 6 - paragraph 3
Article 6 - paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare provided in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcaretreatment or treatment which is equally effective for the patient was provided in its territory, in so far as they are neither discriminatory nor an obstacle to freedom of movement of persons.
Amendment 110 #
2008/0142(COD)
Proposal for a directive
Article 6 - paragraph 4
Article 6 - paragraph 4
4. Member States shall have a mechanism for calculation of costs that are to be reimbursed to the insured person by the statutory social security system for healthcare provided in another Member State. This mechanism shall be based on objective, non-discriminatory criteria known in advance and the costs reimbursed according to this mechanism shall be not less than what would have been assumed had the same or similar healthcaretreatment or treatment which is equally effective for the patient been provided in the territory of the Member State of affiliation.
Amendment 114 #
2008/0142(COD)
Proposal for a directive
Article 6 - paragraph 5 a (new)
Article 6 - paragraph 5 a (new)
5a. The provisions of this chapter shall not affect the conclusion of cross-border contractual arrangements for planned healthcare.
Amendment 116 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, would have been paid for by its statutory social security system.
Amendment 128 #
2008/0142(COD)
Proposal for a directive
Article 8 - paragraph 1 – point b
Article 8 - paragraph 1 – point b
(b) healthcare, included in a specific list, that does not require overnight accommodation of the patient for at least one night. This list shall be limited to and for which planning is necessary in order to maintain balanced geographical distribution of healthcare, to control costs and to prevent any significant wastage of financial, technical and human resources. This list shall cover at least: - healthcare that requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; - healthcare involving treatments presenting a particular risk for the patient or the population.
Amendment 136 #
2008/0142(COD)
Proposal for a directive
Article 8 - paragraph 2
Article 8 - paragraph 2
2. This list shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3)e competent authorities of the Member States of affiliation shall set up this list and notify it to the Commission.
Amendment 141 #
2008/0142(COD)
Proposal for a directive
Article 8 - paragraph 3
Article 8 - paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security systemmake the assumption of the costs of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sby its statutory social security system subjector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Statethe granting of prior authorisation.
Amendment 158 #
2008/0142(COD)
Proposal for a directive
Article 8 - paragraph 5 a (new)
Article 8 - paragraph 5 a (new)
5a. The Member State of treatment may take appropriate measures to address the inflow of patients and to prevent it from seriously undermining, or being likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State. The Member State of treatment shall refrain from discriminating with regard to nationality and shall ensure that the measures restricting free movement shall be limited to what is necessary and proportionate. The Member State of treatment shall notify the measures to the Commission.
Amendment 163 #
2008/0142(COD)
Proposal for a directive
Article 9 - paragraph 3 a (new)
Article 9 - paragraph 3 a (new)
3a. The Member State of affiliation may refuse the prior authorisation referred to in Article 8(3) where the treatment which is among the benefits provided for by its legislation, can be provided to the patient on its territory within a time limit which is medically justifiable, taking into account his/her current state of health and the probable course of his/her illness.
Amendment 166 #
2008/0142(COD)
Proposal for a directive
Article 9 - paragraph 4 – point d a (new)
Article 9 - paragraph 4 – point d a (new)
(da) the medical history of the patient.
Amendment 205 #
2008/0142(COD)
Proposal for a directive
Article 18 - paragraph 3 a (new)
Article 18 - paragraph 3 a (new)
3a. The collection of data within the framework of this Article shall be done in close cooperation with the collection of data foreseen by the Administrative Commission on Social Security for Migrant Workers.
Amendment 5 #
2007/2269(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Turkish Government to take up reforms concerning the achievement of de facto gender equality, social security, eliminating the feminisation of poverty and violence against women, increasing participation of women in the labour market, education and politics with the 1 same urgency that was given to the legislation concerning the lifting of the ban on the headscarfCf. Turkey 2007 Progress Report of the Commission (SEC(2007)1436), p.18. urgency;