2023/2074(INI)

Stelios KYMPOUROPOULOS, Sara SKYTTEDAL, Tomislav SOKOL, Cindy FRANSSEN

Motion for a resolution
Paragraph 3

3. Stresses the importance of bio- psychosocial approach to mental health and the importance of social policies that tackle social exclusion, poverty, homelessness, substance-related disorders, unemployment and economic vulnerabilities in order to prevent mental health conditions and address their root causes; underlines the need to provide better instruments to help people to cope with problems;

2023/09/08
Committee: ENVI

Benoît LUTGEN, Cindy FRANSSEN

Proposal for a regulation
Recital 8

(8) ~~More flexibility in the scheduling of breaks~~To ensure adequate rest time for drivers engaged in occasional road passenger transport services ~~should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore,~~ it is appropriate to set a minimum duration for each break. ~~Therefore, d~~Drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into ~~three~~maximum two separate breaks of at least 15 minutes each~~, in addition to the other possibility of splitt~~. More flexibility in the scheduling of these breaks, however, should not prevent drivers from having a breaks longer than the required minimum duration.

2023/09/26
Committee: TRAN

Cindy FRANSSEN, Dennis RADTKE

Proposal for a directive
Annex II – paragraph 1 – introductory part

Annexes I, III and IIIa to Directive 2004/37/EC are amended as follows:

2023/06/08
Committee: EMPL

2023/0033(COD)

Cindy FRANSSEN, Dennis RADTKE

Esther DE LANGE, Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a

2000/60/EC
Article 4 – paragraph 1 – point a) – point iv)

(iv) Member States shall implement ~~the~~primarily source-based necessary measures to progressively ~~reduc~~eliminate pollution from priority substances and river basin specific pollutants, and to cease or phase out emissions, discharges and losses of priority hazardous substances.;

2023/04/05
Committee: ENVI

2022/0344(COD)

Esther DE LANGE, Cindy FRANSSEN

Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 1 b (new)

Directive 2009/148/EC
Article 3 – paragraph 3

~~3. Provided that worker exposure is sporadic and of~~ In Article 3, paragraph 3 is replaced by the follow in~~tensity, and if it is clear from the results~~g: "3. By entry into force of th~~e r~~isk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: (a) maintenance activities in which only non- friable materials are handled; (b) non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) asbestosmending directive, the Commission shall, in consultation with the Advisory Committee on Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses." short, non-contain~~ing materi~~uous removals w~~hich are in good condition; (d) the collection of samples to ascertain whether a specific material contains asbestos.~~ithout deterioration of encapsulation or sealing of air monitoring and control, and

2023/02/10
Committee: EMPL

2022/0298(COD)

Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)

Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2

In Article 4(3), the second subparagraph is replaced by the following: “The notification ~~must~~shall include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes ~~involved; (d) the number of workers involved;~~involved; (d) the number of workers involved, a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste."

2023/02/10
Committee: EMPL

2022/0298(COD)

Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 1 – point 7 e (new)

Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2 a (new)

(7e) In Article 4(3), the following subparagraph is added: “Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."

2023/02/10
Committee: EMPL

Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 1 – point 6 k (new)

Directive 2009/148/EC
Article 15 – paragraph 1 b (new)

(6k) In Article 15, the following paragraph is added: “1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."

2023/02/10
Committee: EMPL

Sirpa PIETIKÄINEN, Frances FITZGERALD, Cindy FRANSSEN, Maria da Graça CARVALHO, Rosa ESTARÀS FERRAGUT, Stelios KYMPOUROPOULOS, Elżbieta Katarzyna ŁUKACIJEWSKA, Christine SCHNEIDER, Ewa KOPACZ

Motion for a resolution
Paragraph 19

19. Notes that ~~between 40 and 50~~throughout the EU, 44 million people ~~in the EU~~are provideing informal ~~care on a regular basis~~long-term care at least once a week; notes that this work tends to be long term and can hinder formal labour market participation, resulting in a loss of income and aggravating the gender pay and pension gap;

2022/04/08
Committee: EMPL FEMM

Guy VERHOFSTADT, Hilde VAUTMANS, Olivier CHASTEL, Pascal ARIMONT, Cindy FRANSSEN, Benoît LUTGEN, Tom VANDENKENDELAERE

35. Calls for the ~~establishment of a working group composed~~incorporation of representatives of each political group ~~and chaired by the gender mainstreaming standing rapporteurs of Parliament~~into the High Level Group on Gender Equality and Diversity to steer the work in that area;

2021/11/04
Committee: FEMM

2021/2035(INL)

Motion for a resolution
Citation 14 a (new)

– having regard to the Commission’s Communication "Gender Equality Strategy (2020-2025)", published on 5 March 2020,

2021/06/08
Committee: LIBE FEMM

Motion for a resolution
Recital D

D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence, killing of women and girls because of their gender, sexual orientation, gender identity, gender expression and sex characteristics, as well as female and intersex genital mutilations and so called "honour killings";

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Isabel WISELER-LIMA, Magdalena ADAMOWICZ, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Recital E

E. whereas there is a lack of updated, comprehensive and comparable disaggregated data on all forms of gender- based violence across the Member States;

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Isabel WISELER-LIMA, Magdalena ADAMOWICZ

Motion for a resolution
Recital F a (new)

Fa. whereas in its work programme for 2021, the Commission announced a new legislative proposal to prevent and combat gender-based violence, as well as a specific proposal to extend the list of EU crimes to include all forms of hate crime and hate speech, whereas combatting gender-based violence is among the priorities of the Commission’s President1a; _________________ 1a https://ec.europa.eu/info/sites/default/files /political-guidelines-next- commission_en_0.pdf

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Isabel WISELER-LIMA, Magdalena ADAMOWICZ, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Recital F b (new)

Fb. whereas the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) has been signed by all Member States and ratified by 21; whereas disinformation campaigns to undermine gender equality also block progress on the issue of eliminating violence against women, as has been seen in relation to the Istanbul Convention, leading to public opposition and regrettable political decisions in some Member States;

2021/06/08
Committee: LIBE FEMM

Motion for a resolution
Paragraph 14

14. Calls on the Member States to step up their work in order to ensure that victims have access to justice, including restorative justice, and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination, traumatisation or revictimisation during judicial, medical and police proceedings; underlines with concern that most Member States still have issues with complete/correct transposition and/or practical application of the Victim’s Rights Directive, as reflected in the Commission’s Strategy on victim’s rights, and calls on their due diligence for its complete and correct transposition;

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Angelika WINZIG, Isabel WISELER-LIMA, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Paragraph 15

15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers and all professionals dealing with victims of gender-based violence; calls on Members States to ensure that victims have the right to ~~state-funded~~ legal aid before and during legal proceedings;

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Angelika WINZIG, Isabel WISELER-LIMA, Magdalena ADAMOWICZ, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Paragraph 16

16. Stresses that gender-based violence is a particularly serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border naturewith profound impact on individual fundamental rights and freedoms as well as on the population which needs to be addressed with greater efficiency and determination; stresses the cross-border dimension of gender-based violence, directly stemming from the impact of this offence across the Member States, as well as from the need of a common action at EU level; considers that the great individual, economic and societal impacts across all Member States, taking into account the estimation of the societal cost of 290 billion euros of gender-based violence, reaffirms the need to combat gender-based violence in its multiple dimensions on a common EU basis;

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Isabel WISELER-LIMA, Magdalena ADAMOWICZ, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Paragraph 16 a (new)

16a. Strongly advocates for all EU Member States and for the EU to ratify the Istanbul Convention; regrets that six Member States have yet to do so; emphasises that both an EU-wide accession to this Convention together with the parallel recognition of gender-based violence under the TFEU are needed in order to adequately address the problem;

2021/06/08
Committee: LIBE FEMM

2021/2035(INL)

Cindy FRANSSEN, Maria WALSH, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Isabel WISELER-LIMA, Magdalena ADAMOWICZ, Nathalie COLIN-OESTERLÉ

Motion for a resolution
Paragraph 17

17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, thus contributing to law enforcement in cross border operations;

2021/06/08
Committee: LIBE FEMM

Dolors MONTSERRAT, Lídia PEREIRA, Radan KANEV, Bartosz ARŁUKOWICZ, Stelios KYMPOUROPOULOS, Cindy FRANSSEN, Roberta METSOLA

Motion for a resolution
Paragraph 15 c (new)

15 c. Calls on the Commission to establish a regulatory framework for nanomedicines and nanosimilars, and calls for these products to be approved through a compulsory centralised procedure;

2021/06/10
Committee: ENVI

2021/2013(INI)

Peter LIESE, Christine SCHNEIDER, Cindy FRANSSEN

18 a. Underlines – especially in view of the experiences of the COVID-19 crisis – the importance of drug repurposing as a faster way to new treatment options and therefore demands five years of data protection for valuable innovation on known substance; in addition, underlines that a framework which supports the marketing and use of the drug with the approved new label claim - instead of off- label use - should be urgently considered to make drug repurposing attractive in the EU;

2021/06/10
Committee: ENVI

2021/2013(INI)

Dolors MONTSERRAT, Lídia PEREIRA, Radan KANEV, Bartosz ARŁUKOWICZ, Pernille WEISS, Stelios KYMPOUROPOULOS, Cindy FRANSSEN, Inese VAIDERE, Roberta METSOLA

Motion for a resolution
Paragraph 20

20. Supports the Commission in its efforts to conduct a structured dialogue with players in the pharmaceutical value chain, public authorities, non-governmental patient and health organisations and the research community to address the root causes of shortages of medicines and the weaknesses in the global medicines manufacturing and supply chain;

2021/06/10
Committee: ENVI

2021/2013(INI)

Dolors MONTSERRAT, Lídia PEREIRA, Radan KANEV, Bartosz ARŁUKOWICZ, Pernille WEISS, Cindy FRANSSEN

Motion for a resolution
Paragraph 22

22. Stresses the need for the pharmaceutical industry to be environmentally friendly and climate- neutral throughout the life cycles of medicinal products; calls on the Commission to strengthen inspection and auditing throughout the production chain, particularly outside the EU; urges the Commission to ensure quality environmental sustainability standards for active pharmaceutical ingredients imported from non-EU countries; calls on the Commission to address the problem of domestic pharmaceutical waste, with measures to reduce packaging and the size of containers to ensure they are no larger than necessary, and to bring medical prescriptions into line with real therapeutic needs; notes that the creation of electronic systems of information and identification of packaging would be an effective way to reduce it; acknowledges steps taken already by the pharmaceutical industry like, for example, the Eco-Pharmaco- Stewardship initiative;

2021/06/10
Committee: ENVI

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Citation 5 a (new)

— having regard to the Commission Communication on draft Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (C(2021) 8838);

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Citation 5 b (new)

— having regard to the Commission Staff Working Document Impact Assessment Report (SWD(2021 396);

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 7

(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. Approximately 5.5 of 28.3 million persons performing platform work in the European Union are estimated to be subject to a certain degree of control.1a While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self- employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status. __________________ 1a Commission Impact Assessment Report, SWD(2021) 396 final

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives, including trade unions, and labour inspectorates do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 10

(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, notably Directive 89/391/EEC, information and consultation of workers, notably Directive 2002/14/EC and Directive 2009/38/EC, pregnant workers, work-life balance, fixed- term work, part-time work, posting of workers, ~~information and consultation of workers,~~ among others. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations, as well as to ensure the right to participate in collective bargaining in accordance with national law and practice. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 18

(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation, or to resell goods or services. It should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary component.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 23 a (new)

(23a) Collective bargaining is a key tool to improve working conditions of persons performing platform work, irrespective of the contractual designation of the relationship. The Commission Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons shall to this end serve as providing useful guidance without prejudice to Member States discretion as regards the scope and form of collective representation.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 24

(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore, should the determination of an employment relationship of a person performing platform work be disputed in a legal or administrative proceeding, contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should not lead to an automatic determination of all persons performing platform work as platform workers to be in an employment relationship and should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 26

(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance in the form of concrete and practical recommendations and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 28

(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, tsuch proceedings should have a suspensive effect on the application of the legal presumption. The digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 32

(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work, including trade unions, and to national labour authorities at their request, in order to enable them to exercise their functions.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 33

(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets or is protected by intellectual property rights or which would with reasonable certainty result in the enabling of deception of consumers or consumers harm through the manipulation of the system without prejudice to Directive (2016/943). However, the result of those considerations should not be a refusal to provide all the information required by this Directive.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 34

(34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are processed in a lawful, fair and transparent manner. Digital labour platforms should therefore not be allowed to process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform. Article 6(5) of this Directive provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. Digital labour platforms should not under any circumstances provide for discriminatory practices when processing personal data.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 37

(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time and in line with Article 12 of Regulation EU (2016/679). Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible, provide adequate compensation.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 37 a (new)

(37a) Article 20 of Regulation (EU)2016/679 lays down the right of data subjects, including persons performing platform work, to have the personal data transmitted directly from one controller to another, where technically feasible.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 42

(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work, including trade unions, in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 44

(44) Representatives of persons performing platform work, including trade unions, should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisals.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 48

(48) Automated monitoring and decision-making systems used in the context of platform work involve the processing of personal data and affect the working conditions and rights of persons performing platform work. They therefore raise issues of data protection law as well as labour and social protection law. Data protection supervisory authorities and relevant labour and social protection authorities should therefore cooperate in the enforcement of this Directive, including by exchanging relevant information with each other, including in cross-border situations, without prejudice to the independence of data protection supervisory authorities.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Recital 52 a (new)

(52a) Member States should take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 a (new)

This Directive shall be without prejudice to the autonomy of social partners and their right to negotiate and conclude collective agreements in accordance with national law and practice.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 2 – paragraph 2

2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets or to resell goods or services. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 1 – introductory part

1. TShould the determination of the employment status of a person performing platform work be disputed in a legal or administrative proceeding in accordance with national legislation and practices, the contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

The legal presumption shall not lead to an automatic determination of all persons performing platform work to be in an employment relationship and shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall ~~be able to rely on that presumption.~~ determine if the contractual relationship is legally presumed to be an employment relationship within the meaning of paragraph 2, and be able to rely on that presumption. To this end, the digital labour platforms shall be required to assist the competent authorities, notably by providing all relevant information held by it.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work, excluding measures or rules required by existing EU, national and local law to safeguard data protection and the health and safety of persons performing platform work and the recipients of the service provided;

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) effectively restricting the possibility to build a client base or to perform work for any third party, excluding measures or rules required by national law or collective agreements.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 (new)

Collective agreements covering working conditions1a for persons performing platform work shall not be considered as fulfilling the above criteria for controlling the performance of work. Voluntary benefits paid by a digital labour platform to self-employed persons working through that platform shall not constitute determining elements indicating the existence of an employment relationship. __________________ 1a Matters such as remuneration, working time and working patterns, holiday, leave, physical spaces where the work takes place, health and safety, insurance and social security, and conditions under which the person performing platform work is entitled to cease providing his/her services (§ 16, Commission Draft Guidelines on collective bargaining of self-employed).

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 4 – paragraph 3 – point b

(b) develop guidance in the form of concrete and practical recommendations for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Such proceedings shall have suspensive effect on the application of the legal presumption.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152 and 2009/38/EC, Member States shall require digital labour platforms to inform persons performing platform work~~ers~~ of:

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Digital labour platforms shall not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumers harm through the manipulation of the system, without prejudice to Directive (EU) 2016/943.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 6 – paragraph 5 – point d a (new)

(da) under any circumstances provide for discriminatory practices when processing personal data.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. Where platform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, they shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one ~~week~~month of receipt of the request.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that the deadline for reply referred to in the first subparagraph is extended to two ~~week~~months.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 8 – paragraph 4 a (new)

4a. Member States shall ensure the right of persons performing platform work to data portability, right to erasure, in accordance with Article 20 of Regulation (EU) 2016/679.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work, including trade unions, exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 12 – paragraph 3

3. Labour, social protection and other relevant authorities and representatives of persons performing platform work, including trade unions, shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 14 – paragraph 1

1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work, including trade unions, or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 14 – paragraph 2

2. Representatives of persons performing platform work, including trade unions, shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 19 – paragraph 1

1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Article 6, Article 7(1) and (3) and Articles 8 and 10 of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679. They shall be competent to impose administrative fines up to the amount referred to in Article 83 (4) and (5) of that Regulation.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 19 – paragraph 2

2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including in cross-border situations, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.

2022/06/10
Committee: EMPL

2021/0414(COD)

Dennis RADTKE, Cindy FRANSSEN

Proposal for a directive
Article 20 a (new)

Article 20a Collective bargaining Member States shall take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.

2022/06/10
Committee: EMPL

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS, Angelika WINZIG

Proposal for a directive
Recital 10

(10) The higher level of ambition requires a stronger promotion of cost- effective energy efficiency measures in all areas of the energy system and in all relevant sectors where activity affects energy demand, such as the transport, water and agriculture sectors. Improving energy efficiency throughout the full energy chain, including energy generation, transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce GHG emissions, improve energy security, cut energy costs for households and companies, help alleviate energy poverty, and lead to increased competitiveness, more jobs and increased economic activity throughout the economy, thus improving citizens' quality of life. In particular, it should be highlighted that women have a strategic role to play in the development of sustainable and ecologically sound consumption and production patterns and their empowerment is a reinforcement of the European competitiveness, given the untapped female resource potential to boost the European economy. The directive should help reduce the gender gap in the energy sector, integrate women in the emerging technologies jobs market, promote women entrepreneurship, increase chances to generate those skills and competences that are demanded by the green and digital transition and bring more women and girls into the STEAM careers, and in particular in the area of engineering. That complies with the Union commitments made in the framework of the Energy Union and with the global climate agenda established by the 2015 Paris Agreement, and also contributes to the achievement of all relevant sustainable development goals, with particular attention to SDG 5, SDG 7 and SDG 13.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS

Proposal for a directive
Recital 11 a (new)

(11 a) From the design of the energy efficiency decisions to their implementation, it is essential to take into account the commitment to a gender- inclusive, fair and just climate and energy transition in which the empowerment of people is a fundamental element. Against this background, equal participation of women and girls, with their unique skills, knowledge and perspective as powerful actors of change, should always be promoted and encouraged. Also in view to improve the participation of women and girls in the energy sector, that remains one of the most imbalanced in the economy globally, seeking gender balance in terms of employment, decision-making, counselling and advice should be a priority of the Union and the Member States. Any effort that will be put in place to reach the energy savings targets should be gender-balanced-by-design.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 17 a (new)

(17 a) In order to promote gender equality throughout all policies, the Commission and the Member States should make sure to apply gender mainstreaming principles into all policies, measures and spending programmes that are implemented according to this directive. The application of the gender mainstreaming principle requires the integration of gender equality perspective into the preparation, design, implementation, monitoring and evaluation of such policies, measures and programmes. Given the importance of keeping track of the progresses induced by the integration of this principle, Member States are encouraged to monitor its application.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 50 a (new)

(50 a) Energy efficiency programmes, instruments and measures should integrate women’s experiences, expertise, capacities and preferences, and make the utmost to avoid reinforcing the gender gap between men and women in energy access contexts. It is critical that Member States integrate gender equality concerns and solutions into the national energy sector frameworks. To this end, gender audits can be an effective instrument in identifying gender gaps across the energy landscape and setting a baseline for future gender mainstreaming efforts at the policy and institutional-level. A gender perspective needs to be integrated from the very beginning in the design, implementation, and monitoring of energy efficiency policies, given that women are not only primary end-users and beneficiaries of those policies, but also actors in the delivery of energy solutions.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG

Proposal for a directive
Recital 61

(61) This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi- occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and households in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers. In their definition, Member States should pay particular attention to women, single- parent households, people with disabilities and elderly consumers, as these target groups might be more prone than others to intersectional risks.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 78 a (new)

(78 a) There is a general and widespread limitation in the collection of energy data that is given by the scarcity of sex- disaggregated data and gender statistics in relation to the use of energy and to the employment in the renewable energy sector. This represents a major handicap in the effort to enhance awareness of the challenges and to improve gender balance, given that without data, there is no visibility and is thus difficult to monitor the progress towards gender equality and establish policy priorities. The Commission should work with Member States and a wide range of actors, including academic and non- academic entities, advocacy groups, professional associations, international organisations, non-governmental organisations, policy institutes and think- tanks, in order to build a sex- disaggregated evidence base in order to generate gender statistics able to support intersecting situations.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS, Angelika WINZIG

Proposal for a directive
Recital 92

(92) The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 of the European Parliament and of the Council80 , and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised. Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to achieve the objectives of this Directive by advancing energy efficiency at local or household level. They can empower and engage consumers and enable certain groups of household customers, including in rural and remote areas to participate in energy efficiency projects and interventions. To this end, it is particularly relevant and appropriate, to involve women in all their diversity and in their roles of consumers, producers, decision-makers and entrepreneurs, given their potential to act as societal agents of change. Energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs. _________________ 80 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS

Proposal for a directive
Recital 93

(93) The contribution of one-stop shops or similar structures as mechanisms that can enable multiple target groups, including citizens, SMEs and public authorities, to design and implement projects and measures related to the clean energy transition, should be recognised. The contribution of one-stop-shops can be very important for most vulnerable customers, including women in all their diversity and single-parents, as they could represent an easier, reliable and accessible source of information about energy efficiency improvements. That contribution can include the provision of technical, administrative and financial advice and assistance, facilitation of the necessary administrative procedures or of access to financial markets, or guidance with the national and European legal framework, including public procurement rules and criteria, and the EU Taxonomy.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Recital 100

(100) Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes ~~and~~, which should always include considerations of gender mainstreaming and inclusiveness. Member States should also ensure that network tariffs and regulations incentivise improvements in energy efficiency~~. Member States should also ensure~~ and that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS

Proposal for a directive
Recital 106

(106) Member States have taken measures to identify and address the regulatory and non-regulatory barriers. However, there is a need to increase the effort to remove regulatory and non- regulatory barriers to the use of energy performance contracting and third-party financing arrangements which help achieving energy savings. These barriers include accounting rules and practices that prevent capital investments and annual financial savings resulting from energy efficiency improvement measures from being adequately reflected in the accounts for the whole life of the investment. Another barrier that this directive should help overcome is the lack of the necessary skills and competences of people, from the basic ones to the more specialised, in particular regarding engineering, energy efficiency, system integration, flexibility and digitalisation. Member States should adopt measures to increase opportunities of advancing education, training and maintenance skills and capacities, with a special focus on women and girls.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 3 a (new)

Article 3 a Gender Mainstreaming Principle 1. The Commission, in consultation with the relevant stakeholders, shall provide guidance to Member States to implement energy efficiency policies which take into consideration gender perspectives. 2. Member States shall make best efforts to integrate a gender perspective into the preparation, design, implementation, monitoring and evaluation of policies, regulatory measures and spending programmes related to energy efficiency, with a view to promoting equality between women and men, and combating discrimination. 3. Member States should have active policies aimed at integrating women into all levels of the energy value chain, in order to lead to more effective and efficient energy initiatives and unleash greater return on investments. To this end, they should incorporate gender into financing mechanisms to ensure equitable access to resources and incentives. 4. Member States shall ensure that the application of the gender mainstreaming principle is verified by the relevant entities where policy, planning and investment decisions are subject to approval and monitoring requirements. 5. Where relevant, Member States shall identify an entity responsible for monitoring the application of the gender mainstreaming principle. 6. Within the integrated national energy and climate progress reports foreseen by Article 17 of Regulation (EU) 2018/1999, Member States shall indicate whether the principle was taken into account in the implementation of this directive.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1

In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures and shall pay special attention in promoting the active involvement of women in all their diversity and in their different roles of consumers, producers and decision- makers.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS, Angelika WINZIG

Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2 a (new)

For the purpose of this article, these measures should also target specific stakeholders, such as women in all their diversity, as they can lead change within households, businesses, public administrations and all types of organization, and push for its implementation.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Pernille WEISS

Proposal for a directive
Article 22 – paragraph 3 – point e

e) foster technical assistance for social actors to promote vulnerable customer´s active engagement in the energy market, and positive changes in their energy consumption behaviour; special consideration should be made on involving women, given their role as societal agents of change;

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 22 – paragraph 4 – introductory part

4. Member States shall establish a network of experts from various sectors such as health sector, building sector and social sectors, involving a more meaningful participation of women, to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity., notably to tackle gender impairment, promote age sensitive development of technologies and applications, incentivise a gender- inclusive energy planning and considering the diverse impacts of the energy transition on women in all their diversity, families, single-parents and elderly people;

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG

Proposal for a directive
Article 26 – paragraph 1 – introductory part

1. Member States shall ensure the appropriate level and availability of competences for energy efficiency professions that corresponds to the market needs, also through the use of national and EU funds and programmes to effectively support lifelong learning and training in STEAM areas, in particular in the area of engineering and especially for women and girls, as well as to establish campaigns or awards for businesses who take exemplary measures to improve women’s presence in the green and digital economy and to create additional incentives to increase visibility of women as role models and promote their access to these sectors in universities and employment. Member States in close cooperation with the social partners shall ensure that certification and/or equivalent qualification schemes, including, where necessary, suitable training programmes, especially for women and girls, are available for energy efficiency professions including providers of energy services, providers of energy audits, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and are reliable and contribute to national energy efficiency objectives and the overall EU decarbonisation objectives.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 – point d a (new)

(d a) market and business opportunities to improve energy savings, aiming at promoting local entrepreneurship in the energy services sector, with special attention to women entrepreneurs;

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA, Angelika WINZIG, Pernille WEISS

Proposal for a directive
Article 27 – paragraph 6 – point c a (new)

(c a) promoting the role of women entrepreneurs in the provision of products, services and advices;

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 28 – paragraph 3

3. Member States shall adopt measures that ensure that energy efficiency lending products, such as green mortgages and green loans, secured and unsecured, are offered widely and in a non- discriminatory manner by financial institutions and, are visible and accessible to consumers, with special consideration to women in all their diversity, given their potential role as agents of change in society. Member States shall adopt measures to facilitate the implementation of on-bill and on-tax financing schemes. Member States shall ensure that t banks and other financial institutions receive information on opportunities to participate in the financing of energy efficiency improvement measures , including through the creation of public/private partnerships.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Article 28 – paragraph 9

9. Member States may set up an Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and shall pay particular attention to women in all their diversity. The fund shall also be used to implement national energy efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Annex VI – paragraph 1 – point a

(a) be based on up-to-date, measured, traceable and, where possible, sex- disaggregated operational data on energy consumption and (for electricity) load profiles;

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Annex VII – point 1 – point 1.2 – paragraph 2 a (new)

Member States shall continuously improve quantitative and qualitative information, also through digital means, and shall communicate billing information in a clear, concise, meaningful and accessible manner. With this purpose, it is important that Commission and Member States improve the way of collecting data, notably through more granularity and disaggregation in a way to understand better the energy system dynamics, help remove barriers, also in terms of gender, and put in practice more targeted policies, measures and solutions.

2022/03/02
Committee: FEMM

2021/0203(COD)

Maria da Graça CARVALHO, Frances FITZGERALD, Sirpa PIETIKÄINEN, Cindy FRANSSEN, Elżbieta Katarzyna ŁUKACIJEWSKA

Proposal for a directive
Annex VIII – point 1 – paragraph 1

In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year. Member States shall continuously improve quantitative and qualitative information, also through digital means, and shall communicate billing information in a clear, concise, meaningful and accessible manner. With this purpose, it is important that Commission and Member States improve the way of collecting data, notably through more granularity and disaggregation in a way to understand better the energy system dynamics, help remove barriers, also in terms of gender, and put in practice more targeted policies, measures and solutions.

2022/03/02
Committee: FEMM

2021/0050(COD)

Sirpa PIETIKÄINEN, Maria WALSH, Maria da Graça CARVALHO, Frances FITZGERALD, Cindy FRANSSEN

Proposal for a directive
Recital 9

(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. Segregation of the labour market is one of the major root causes of the pay gap and needs to be addressed. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding measures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice.