392 Amendments of Christian SAGARTZ
Amendment 9 #
2023/2087(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreement that provides for Frontex deployment in Mauritania; notes, however, that athe status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guaranteeshall ensure that fundamental rights are fully respected during those operations;
Amendment 19 #
2023/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the humanfundamental rights situation in Mauritania as regardsrelevant to the tareatment of migrants and refugeess covered by the status agreement;
Amendment 27 #
2023/2087(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that the launch of Frontex operational activities under a status agreement should promoteensure the respect of fundamental human rights and EU valueduring these operations;
Amendment 31 #
2023/2087(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that Frontex staff who are granted immunity for their activities in Mauritania must continue to be held accountable under EU orthe immunity of members of Frontex from the jurisdiction of Mauritania shall not exempt them from the jurisdictions of the respective home Member State laws;
Amendment 42 #
2023/2087(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an inn efficident reportcomplaingt mechanism for Frontex activities;
Amendment 51 #
2023/2087(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of an adequate humanfundamental rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countriesthe status agreement;
Amendment 59 #
2023/2087(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistentunder the status agreement in the event of confirmed severe and repeated human rights violations;
Amendment 68 #
2023/2087(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Is highly concernedTakes note about Mauritania’s human rights track record, most notably its violations committed between 2020 and 2023;
Amendment 76 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point a
Paragraph 10 – point a
(a) There will be no excessiveFrontex will work with and support local authorities to ensure that there will be no arbitrary detention of migrants and asylum seekers and detention centres will be up to standard;
Amendment 80 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point b
Paragraph 10 – point b
Amendment 83 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point c
Paragraph 10 – point c
Amendment 86 #
2023/2087(INI)
Draft opinion
Paragraph 10 – point d
Paragraph 10 – point d
(d) Frontex will notcontinue not to engage in pushbacks and will not to use violent measures to influence migration flows;
Amendment 7 #
2023/2086(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal; notes however that athe status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guaranteeshall ensure that fundamental rights are fully respected during those operations;
Amendment 17 #
2023/2086(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the humanfundamental rights situation in Senegal as regardsrelevant to the tareatment of migrants and refugeess covered by the status agreement;
Amendment 22 #
2023/2086(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Maintains that the launch of Frontex operational activities under a status agreement should promoteensure the respect of fundamental human rights and EU valueduring these operations;
Amendment 31 #
2023/2086(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that Frontex staff who are granted immunity for their activities in Senegal must continue to be held accountable under EU orthe immunity of members of Frontex from the jurisdiction of Senegal shall not exempt them from the jurisdiction of their respective home Member State law;
Amendment 39 #
2023/2086(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for consistent, regular and transparent reporting on Frontex activities concerning migration and asylum in Senegalin Senegal under the status agreement;
Amendment 48 #
2023/2086(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activitiesn efficient complaint mechanism;
Amendment 54 #
2023/2086(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the EU and Senegalese authorities to enable inclusconstructive dialogue in the preparation of the status agreement;
Amendment 61 #
2023/2086(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that the EU and Frontex should suspend their activities on migration and asylum carried oucarried out under the status agreement in cooperation with Senegalese authorities in the event of persistent humansevere and repeated fundamental rights violations;
Amendment 69 #
2023/2086(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure that the conclusion of this status agreement with Senegal and the Frontex’s activities in migration management in Senegal do not impede the right to freedom of movement of individuals as guaranteed under the Economic Community of West African States Treaty, which provides for the long- term establishment of a free movement zone for goods, capital and people.
Amendment 57 #
2023/0404(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Employers participating in the EU Talent Pool should provide to registered jobseekers from third countries sufficient information to help facilitate a clear and efficient process for both parties.
Amendment 133 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
Article 17 – paragraph 1 – subparagraph 2 – point a
(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;
Amendment 134 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistancesources of information to registered jobseekers from third countries and employers participating in the EU Talent Pool, in particular with regard to:
Amendment 135 #
2023/0404(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) specific guidance and information on family reunification procedures and family members’ rights;
Amendment 358 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost. The Commission shall ensure complementarities and synergies between the Facility and other Union programmes, with a view to avoid the duplication off assistance and double funding.
Amendment 358 #
2023/0397(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost. The Commission shall ensure complementarities and synergies between the Facility and other Union programmes, with a view to avoid the duplication off assistance and double funding.
Amendment 381 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, also in a view of threats to the Union's financial interests, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 381 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, also in a view of threats to the Union's financial interests, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 103 #
2022/2203(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. calls the EU to seriously consider the possible security implications in the Western Balkans in view of the developments in Ukraine and the possible influence of Russia and China in the countries of the region; security challenges have increased and fast steps on the EU accession negotiations are more than necessary;
Amendment 116 #
2022/2203(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reaffirms the need to maintain constructive engagement with and abroad cross-party consensus, especially between government and opposition, on EU- related reforms, by strengthening the capacities of the Assembly of North Macedonia (Sobranie); recalls the important role of the Jean Monnet Dialogue (JMD) in strengthening the ability of political leaders to develop true inter-party dialogue and to build the consensus necessary for generating a democratic parliamentary culture and trust; welcomes the strong cross-party commitment to the process; urges lawmakers to swiftly implement the commitments made under the Jean Monnet Dialogue process;
Amendment 132 #
2022/2203(INI)
9a. Calls for improving the functioning of the financial inspection, guaranteeing the independence of the State Audit Office, and improving the efficiency of parliamentary oversight of public funds management;
Amendment 143 #
2022/2203(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for the further implementation of the Joint Action Plan on Counterterrorism in order to prevent extremism;
Amendment 163 #
2022/2203(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the adoption of the draft law on the compensation for victims of crime including victims of trafficking in human beings;
Amendment 168 #
2022/2203(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the Law on the protection of whistle blowers to be further aligned with the EU acquis;
Amendment 188 #
2022/2203(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for further improvements in the enforcement of minority rights and for further measures in preventing discriminations and crimes based on origin;
Amendment 206 #
2022/2203(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Republic of North Macedonia to fully guarantee equal rights for all ethnic communities in the country, including through appropriate constitutional and legislative amendments and in all relevant legislation, and ensure that no disadvantage shall result for citizens from the exercise of their right to identify themselves as belonging to any ethnic group;
Amendment 231 #
2022/2203(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 247 #
2022/2203(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the agreement at the Tirana Summit on reduced roaming costs; in this respect calls on the authorities, private actors and all stakeholders to facilitate reaching the agreed targets to achieve a substantial reduction of roaming charges for data on 1 October 2023 and further reductions leading to prices close to the domestic prices by 2027;
Amendment 250 #
2022/2203(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes the reduction of roaming fees between Western Balkans and EU starting in October 2023; in that respect urges the European Commission together with the government of North Macedonia to create a fast-track road map to eliminate roaming charges with all Member States;
Amendment 271 #
2022/2203(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Condemns any attempt to replace historical monuments and/or artefacts, including the destruction of authentic cultural heritage and highlights the importance of a fact-based reading of history; such incidents raise serious concerns, including in the context of the lack of implementation of the 2017 Treaty of Friendship, Good Neighbourliness and Cooperation;
Amendment 283 #
2022/2203(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the active cooperation with international organisations; applauds that the agreements on this exchange and mutual protection of classified information were signed with Greece and the US in 2021 and are being negotiated with Belgium, Portugal and Norway;
Amendment 285 #
2022/2203(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Reiterates the need for the work on school history textbooks in Bulgaria and the Republic of North Macedonia to resume as per the Treaty of Friendship, Good Neighbourliness and Cooperation; the texts should reflect the interpretation of historical facts and figures from the common history of both peoples based on authentic historical documents/sources; this is the foundation on which the two countries should build their relations; the relationship between the future generations of RNM and Bulgaria will be a reflection of the education processes in the two countries;
Amendment 286 #
2022/2203(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the EU to support and fund exchange programs for students and pupils between member states and North Macedonia in order to step up further EU integration;
Amendment 303 #
2022/2203(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Welcomes the endorsement of the Green Agenda for the Western Balkans;
Amendment 304 #
2022/2203(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls for the setting up of an energy efficiency fund;
Amendment 316 #
2022/2203(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Reiterates the importance of improving the public infrastructure within the Western Balkans countries and with the EU Member States; recalls the potential of the Economic and Investment Plan for the Western Balkans to enhance regional connectivity through Rail and Highway Corridor VIII to Bulgaria, and gas interconnectors to Greece, Kosovo and Serbia; recalls the importance of developing air connections within the Western Balkans countries and with the EU Member States;
Amendment 155 #
2021/2253(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there is a lackare different patterns of care and different understanding of quality, accessible and affordable care in nearly allon Member States as well on regional and local level; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators;
Amendment 179 #
2021/2253(INI)
E. whereas the COVID-19 pandemic has exacerbated the existing challenges in terms of access to formal care services as it made the needs and circumstances for vulnerable elderly and people who need long time care more visible as well the working patterns of those who care; whereas nevertheless there has been an emerging solidarity between the generations at the beginning of the COVID-19 pandemic;
Amendment 265 #
2021/2253(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; whereas care is not only done by professional workers; whereas a massive part of care work is done by relatives which as well need targeted support;
Amendment 378 #
2021/2253(INI)
Motion for a resolution
Recital O
Recital O
O. whereas in 2019, 22.2 % of children in the EU – almost 18 million – were at risk of poverty or social exclusion; whereas the European Child Guarantee is an EU instrument whose objective is to prevent and combat poverty and social exclusion by guaranteeing free and effective access for children in need to key services; whereas the expansion of comprehensive childcare from the child's 1st birthday and an extension of opening hours could be measures to relieve care burdens from families;
Amendment 386 #
2021/2253(INI)
Motion for a resolution
Recital P
Recital P
P. whereas access to quality care services, especially long-term care, is increasingly preconditioned on individual and family income; whereas in some Member States the competence and the organisation of care lies on regional level;
Amendment 399 #
2021/2253(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the importance of prevention and geriatric rehabilitation for healthy and dignified aging should be taken duly in account;
Amendment 402 #
2021/2253(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
Pb. whereas digitalisation and legal framework for the internet of things in the care sector needs to be taken duly in account; whereas research and pilot projects should be encouraged, to test practicability and effectivity;
Amendment 434 #
2021/2253(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that it is vital to ensure quality care across the life course; underlines the importance of the accessibility, availability and affordability of care, and that all users and their carers should have a genuine choice when it comes to care services; highlights that the right of affordable long time care services of good quality is enshrined in the European pillar of social rights;
Amendment 447 #
2021/2253(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of an integrated approach to common European action on care that pays equal attention to people’s physical, psychological and social needs; that leaves no one behind; which also puts focus on economic, social and cultural participation; stresses that information campaigns can be of high value in helping dependents and relatives in care to overcome fears; social exclusion and loneliness;
Amendment 493 #
2021/2253(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that a substantial proportion of care models, services and facilities are outdated and that care recipients should be placed at the centre of care plans; which needs to be easily accessible; notes that a diversification and flexibility of different training opportunities will generate a greater workforce;
Amendment 507 #
2021/2253(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to exchange information and best practices with a view to developing a common European quality framework for care, encompassing all care settings, encouraging upward social convergence and guaranteeing equal rights for all citizens; notes that the existing offers and patterns of care vary on regional level, whereas in some Member States the competence and the organisation of care lies on regional level;
Amendment 603 #
Amendment 627 #
2021/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that accessibility derives from a combination of cost and flexibility; believes that in this respect different forms of care service provision should be available, such as in in-home and community-based settings; calls for the development of funding models for hourly/daily care and evaluate and revise testing criteria for home visiting, promote the Quality Seal; to support the development of demand forecasts and an overall strategy for the further development of care services with quality specifications; as well local community health nurses;
Amendment 741 #
2021/2253(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that between 40 and 50 million people in the EU provide informal care on a regular basis; 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 pension gap; To enable people to continue to be cared for in their own homes, mobile care and support needs to be expanded and further developed to relieve the burden on family caregivers, thus allowing relatives in care to carry on their employments; and to work towards the compatibility of care and work;
Amendment 766 #
2021/2253(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the need for a common European minimum definition for informal care, including respect for the right to self- determination of persons receiving care; highlights the need to conclude “Exit- Strategies” to help informal carers and relatives in care to re-enter the labour market, after the need to care has ended; due to rehabilitation or deceased dependent;
Amendment 815 #
2021/2253(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Member States to place adequate staffing levels and investment in care staff at the centre of their care policies, and to support the creation of quality jobs in the sector; notes that the diversification of education models, through vocational training, care studies on universities of applied sciences, or re- skilling can help to overcome the shortages in workforce;
Amendment 873 #
2021/2253(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to strengthen social dialogue and promote collective bargaining and collective agreements in the care sector, both profit and non-profit, as crucial mechanisms for the improvement of employment and working conditions and for tackling the gender pay gap, and as the most effective tools for securing an increase in the minimum wage and in wages in general;
Amendment 897 #
2021/2253(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that mobile and migrant workers play a significant role in the provision of both residential care and home care in the EU; whereas enabling the execution of the job whilst the nostrification process in ongoing, could help overcome short time shortages;
Amendment 991 #
2021/2253(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to adopt approaches to measuring and valuing the contribution and outputs of care, in particular unpaid care and housework; through adding informal care in the value chain;
Amendment 2 #
2021/2248(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Final Agreement for the Settlement of the Differences as described in UN Security Council resolutions 817 (1993) and 845 (1993), the termination of the Interim Accord of 1995, and the establishment of a Strategic Partnership between Greece and North Macedonia on 17 June 2018, also known as the Prespa Agreement,
Amendment 3 #
2021/2248(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the Treaty of Friendship, Good Neighbourliness, and Cooperation between the Republic of Bulgaria and the Republic of North Macedonia, signed on 1 August 2017 and ratified in January 2018,
Amendment 5 #
2021/2248(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
— having regard to the Council conclusions of 5 June 2020 on enhancing cooperation with Western Balkans partners in the field of migration and security,
Amendment 10 #
2021/2248(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the Sofia declaration of the EU-Western Balkans summit of 17 May 2018 and the Sofia Priority Agenda, annexed thereto,
Amendment 12 #
2021/2248(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
— having regard to the EU-Western Balkans summit in the framework of the Berlin Process of 10 November 2020,
Amendment 42 #
2021/2248(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU remains fully committed to supporting North Macedonia’s strategic choice of European integration, notably through the IPA III, Economic Plan for the Western Balkans and Macro-Financial Assistance;
Amendment 64 #
2021/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the need to uphold the pace and credibility of European integration by promptimmediately opening accession negotiations with Albania and North Macedonia, given that both countries have fulfilled the necessary conditions and delivered sustained results across fundamental areas; underlines the necessity of the start of accession negotiations in regards to the geostrategic perspective of the European Union with Russia;
Amendment 72 #
2021/2248(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls the EU to seriously consider the possible security implications in the Western Balkans in view of the developments in Ukraine and the possible influence of Russia in the countries of the region; security challenges have now obviously increased and concrete steps on the EU perspective are more than necessary;
Amendment 75 #
2021/2248(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Reminds Member States that enlargement policy must be driven by objective criteria; reiterates that the EU’s enlargement policy has been the Union’s most effective foreign policy instrument, and full integration of the Western Balkans is in the EU's political, security and economic interest as a geostrategic Investment in a stable and thriving Union
Amendment 79 #
2021/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Commends North Macedonia on its steady progress on the path towards EU membership, its commitment to meeting the obligations arising from the Ohrid Agreement Framework in ensuring multiculturalism and inter-ethnic harmony, and its continued positive bilateral engagement;
Amendment 91 #
2021/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that North Macedonia continues to demonstrate the bestcommitment to a good democratic transition record across the Western Balkan region, with a marked improvement in transparency, political dialogue and electoral competitiveness;
Amendment 95 #
2021/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms the need to maintain constructive engagement with and a broad cross-party consensus, especially between government and opposition, on EU-related reforms, by strengthening the capacities of the Assembly of North Macedonia (Sobranie); recalls the important role of the Jean Monnet Dialogue (JMD) in strengthening the ability of political leaders to develop true inter-party dialogue and to build the consensus necessary for generating a democratic parliamentary culture and trust; welcomes the strong cross-party commitment to the process; urges lawmakers to swiftly implement the commitments made under the Jean Monnet Dialogue process;
Amendment 102 #
2021/2248(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the increasing transparency and accountability of the Sobranie and urges it to improve legislative quality and minimise the use of fast-track procedures and reduce polarisation in the Parliament;
Amendment 106 #
2021/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to finalise the electoral reform and to address the outstanding recommendations from OSCE/ODIHR and the Venice Commissionin a timely fashion;
Amendment 114 #
2021/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the continued modernisation of an accountable, merit- based public administration, streamlined intra-service coordination and improved local governance;
Amendment 130 #
2021/2248(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Expresses concerns that threats from politicians and public officials, intimidation and verbal attacks on journalists have increased with only a small percentage of perpetrators brought to justice;
Amendment 166 #
2021/2248(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for further improvements in the enforcement of the rights to self- identification, property and inclusive intercultural education, the rights of people with disabilities and minority rights, especially regarding the Roma minority;
Amendment 200 #
2021/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the EU to boost its support for humanitarian assistance and border protection in the region; reiterates its calls for North Macedonia to improve migration management and reception conditions; recalls the need to adopt a systematic approach to fight migrant smuggling and irregular migratory flows;
Amendment 223 #
2021/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Underlines the importance of delivering justice in major lawsuits related to the abuse of office, police impunity, corruption and terror, including the April 2017 attacks against the Sobranie, illegal wiretapping and extortion;
Amendment 229 #
2021/2248(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls for decisive action against money laundering and financial crime and for enhanced coordination with Europol; urges the strengthening of the capacity of law enforcement bodies to fight organised crime;
Amendment 244 #
2021/2248(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Welcomes North Macedonia’s faster-than-expected recovery in 2021 and increased economic growth; welcomes the agreement on IPA III mobilising €14.2 billion to support the Western Balkans partners in meeting the requirements for European membership;
Amendment 268 #
2021/2248(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes the adoption of the Economic and Investment Plan and the Green Agenda for the Western Balkans aiming to spur the long-term economic recovery of the region, support a green and digital transition, foster regional integration and convergence with the European Union; stresses the importance of enhanced coordination with international organisations, such as the UNEP in addressing climate change and meeting sustainable development goals;
Amendment 276 #
2021/2248(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Urges the country to step up efforts to upgrade transport and energy infrastructure and regional connectivity, including rail and road corridors and gas and electricity interconnectors; reiterates the importance of the speedy completion of major regional infrastructure projects, most notably the railway and highway Corridor VIII, linking North Macedonia with Bulgaria and Albania, the gas interconnectors with Bulgaria, Kosovo and Serbia, and the electricity interconnector with Albania;
Amendment 279 #
2021/2248(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
Amendment 284 #
2021/2248(INI)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43 b. Welcomes the opening of an air connection between Skopje and Sofia and encourages the opening of new border checkpoints with neighbouring countries;
Amendment 291 #
2021/2248(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Welcomes North Macedonia’s OSCE Chairmanship in 2023 as a manifestation of its international responsibility and reliability as a NATO member and future EU member, contributing in the promotion of OSCE founding principles in the area of security, human rights and democracy;
Amendment 316 #
2021/2248(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
Amendment 108 #
2021/2179(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission while respecting the principle of Subsidiarity and the Member States, as well as regional and local authorities, to mainstream the social economy dimension in relevant policies, programmes and practices;
Amendment 152 #
2021/2179(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the Member States to systematically adopt strategies aimed at developing socially responsible public procurement, thus establishing a link across policy areas between the delivery of services and products and the contribution to social objectives; considers that the transposition of the Public Procurement Directive must be coupled with initiatives to increase knowledge about the relationship between public spending and its contribution to achieving the SDGs, and to build capacity among public procurement officers and social economy organisations; encourages public procurement officers to carry out pre- market consultations before drawing up tender documents, with a view to better understanding the existing needs and how social economy organisations could meet them;
Amendment 168 #
2021/2179(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 191 #
2021/2179(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to set up capacity-building partnerships and formal agreements with social economy networks in order to provide social economy organisations with advisory services such as tailor-made mentoring and coaching, financing capacity-building, training and education, incubating services and networking for capacity-building;
Amendment 293 #
2021/2179(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities; highlights that social economy projects do generally require a close partnership with public entities, and calls therefore on the Commission and Member States to develop, while respecting the principle of Subsidiarity and Proportionality, within the macro- economic governance framework provided at EU level, a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations;
Amendment 3 #
2021/2176(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with concern the asymmetry of international investment agreements (IIA), which give rights to foreign investors without putting the host state under any obligations in terms of human rights, labour and environmental law; regrets that IIAs usually include the investor-state dispute settlement mechanism (ISDS), which provides protection for investors but not for states or citizenshighlights the fact that the EU has shifted from an ISDS approach to a permanent and institutionalized dispute settlement tribunal;
Amendment 11 #
2021/2176(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the asymmetry of this private justice system,e investor-state dispute settlement mechanism (ISDS), which gives foreign investors the right to bring claims against governments; highlights the risks posed by the high costs of ISDS claims for the public finance of developing countries; stresses that the costs of investment lawsuits have the potential to bring the public budgets of most Africandeveloping countries to breaking point;
Amendment 16 #
2021/2176(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 33 #
2021/2176(INI)
4. UrgWelcomes the EU to review its investment treaties in orderCommissions efforts to ensure a fair balance between rights and obligations for investors with full respect for human rights and the environment; stresses the need to oblige theat investor tos should support sustainable investment in the host state and to oblige the home state of the investor to allow victims to seek justice;
Amendment 39 #
2021/2176(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. BWelievcomes that governments shouldthe EU does not sign new investment protection treaties that include the ISDS mechanism and should remove it from the existing ones;
Amendment 47 #
2021/2176(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. StressWelcomes that the Investment Court System designed by the EU does not protect governments’ right to regulate; encourages to continue upholding these rights;
Amendment 52 #
2021/2176(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 1 #
2021/2166(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. HighlightAffirms the EU’s obligation to incorporate the development cooperation objectives into any internal or external policies that it implements which are likely to affect developing countries, as set out in Article 208 of the Treaty on the Functioning of the European Union; recalls that although many Union policies with a more domestic dimension can contribute to the implementation of the sustainable development goals (SDGs), and therefore achieving coherence across all Union policies is crucial to achieving the SDGs worldwidethey often still leave a very high total ecological, economic and social footprint in the developing countries; insists, therefore, that the 2030 Agenda and its sustainable development goals must further catalyse a coordinated approach between the EU’s internal and external action and its other policies; reiterates, therefore, that creating sufficient synergies and therefore achieving more foresight-based policymaking and coherence across all Union policies is crucial to achieving the SDGs worldwide; recalls that the principles and objectives set out by the SDGs are indivisible and must not be undermined; insists on the importance of the EU policy regarding developing countries being designed in order to anticipate the effects of climate change and biodiversity loss;
Amendment 2 #
2021/2166(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly believes that the Union’s better regulation system iscan be a valuable instrument in the implementation of this legal obligation, as long as the tools that the system proposes are used appropriately and to their maximum potential in order to generate incentives for policymaking that adequately address global challenges and enable the minimisation of obstacles, burdens or ambiguities in the application of those policy objectives; regrets the fact that impact assessments of Union policy and legislation on developing countries, in particular of non-development internal legislation, remain few in number and do not properly assess and address the potential impact on developing countries; welcomes the new versions of the better regulation guidelines and the better regulation toolbox; beliehopes that the new communication and the updated guidelines and toolbox will improves that tool number 35 in particulare situation by leading to regular complete and coherent impact assessments when necessary; strongly believes that ex ante impact assessments are a valuable tool for identifying and addressing potential risks of a policy and/or legislative proposal on developing countries, and in particular on the least developed countains the necessary elements to guide the performance of impact analyses in developing countries and expects that thries; calls on the Commission to pay more attention to the impact of EU legislation on developing countries and to respect and promote the objectives of development cooperation in these initiatives, when relevant, particularly in areas such as migration, environment, agriculture and combating transnational crime, such as organised crime, drug and human trafficking and money laundering; urges the Commission to translate the impact assessments’ conclusions into legal provisions in its non-development legislative acts, so as to better reflect the EU’s commitment to Article 208 of the Treaty on the Functioning of the European Union; stresses the need to provide concrete support to small and medium-sized enterprises (SMEs) in their adaptation to the new regulatory framework, notably in relation to the achievement of the principles of policy coherence for development, the targets of the Paris Agreement, the sustainable development goals and the 2030 Agenda; calls on the Commission to strengthen the screening of the impact assessments by the Regulatory Scrutiny Board by reinforcing the expertise of this body on development cooperation; believes that better regulation is a tool will be used extensively; that could be shared with partner countries; calls on the Commission to strengthen the already ongoing collaboration with partner countries in this regard;
Amendment 3 #
2021/2166(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that tool 35 contains elements to guide the performance of impact analyses in developing countries and expects that this tool will be used extensively; considers that the current sectors for which impact assessments should be prioritised need to mirror current and future challenges of the Union and reflect Parliament’s positions, and should show a clear correspondence with the relevant areas of EU law, so as to facilitate the identification of legislation to which particular attention needs to be paid; suggests that the toolbox needs to be further strengthened in order to facilitate the identification and analysis of potential economic, social and environmental impacts in developing countries; suggests that a new heading, ‘Impact on developing countries’, be introduced for specific tools in the toolbox, including, but not limited to, tools 23, 25 and 26; suggests that under that heading, a number of guiding questions be inserted in order to detect whether legislation contributes to the objectives of development policy and to the implementation of the 2030 Agenda in both the EU and developing countries; recalls that human rights impacts, including on children, indigenous people, LGBTIQ people and other vulnerable groups, in developing countries are of importance for European development cooperation; in this regard, calls on the Commission to introduce separate categories of impact assessments on human rights, gender and women’s rights and on the rule of law and good governance in developing countries; recalls that in order to learn from past actions and improve in the future, it is also important to constantly evaluate the effectiveness of the procedures and tools, and, in this regard, calls on the Commission to regularly report back to Parliament on the implementation of tool 35;
Amendment 4 #
2021/2166(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Strongly believes that more emphasis must be put on institutional consultation, coordination and cooperation between and within EU institutions; urges the Commission to streamline its internal procedures to systematically associate DG INTPA with all impact assessments, in particular for internal legislation with potential effects beyond the EU, and to duly take into account the inputs, suggestions and recommendations provided by this DG in the framework of policy coherence for development; calls on the Commission to reinforce the involvement and meaningful participation of DG INTPA during interservice consultations and in the GRI (Interinstitutional Relations Group) and the EXCO (Group for External Coordination), and to take duly into consideration the inputs from this leading DG concerning development cooperation and developing countries;
Amendment 5 #
2021/2166(INI)
Draft opinion
Paragraphs 3 c, 3 d, 3 e (new)
Paragraphs 3 c, 3 d, 3 e (new)
Amendment 6 #
2021/2166(INI)
Draft opinion
Paragraphs 4 and 5
Paragraphs 4 and 5
Amendment 12 #
2021/2166(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly believes that the Union’s better regulation system is a valuable instrument in the implementation of this legal obligation, as long as the tools that the system proposes are used appropriately and to their maximum potential; welcomes the new versions of the better regulation guidelines and the better regulation toolbox; believes that tool number 35 in particular containregrets the fact that impact assessments of Union policy and legislation on developing countries, in particular of non- development internal legislation, remain few in number and do not properly assess and address the potential impact on developing countries; welcomes the new versions of the better regulation guidelines and the better regulation toolbox; hopes the new communication and the updated guidelines and toolbox will improve the situation by regularly conducting complete and coherent impact assessments twhen necessary elements to guide the performance of impact analyses in developing countries and expects that this tool will be used extensively; strongly believes that ex ante impact assessments are a valuable tool for identifying and addressing potential risks of a policy and/or legislative proposal on developing countries; urges the Commission to translate the impact assessments conclusions into legal provisions in its non-development legislative acts as appropriate, so as to better reflect the EU’s commitment to Article 208 of the Treaty on the Functioning of the EU; calls the Commission to strengthen the screening of the impact assessments by the Regulatory Scrutiny Board by reinforcing the expertise of this body on development cooperation;
Amendment 17 #
2021/2166(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that tool number 35 in particular contains the necessary elements to guide the performance of impact analyses in developing countries and expects that this tool will be used extensively; considers that the current sectors for which impact assessments should be prioritized need to mirror current and future challenges of the Union and reflect the European Parliament’s positions and should show a clear correspondence with the areas of European Union law, so as to facilitate the identification of legislation to pay attention to; recalls that to advance towards the future it is also important to constantly evaluate the effectiveness of the procedures and tools and, in this line, calls on the Commission to regularly report on the implementation of tool 35 to the European Parliament;
Amendment 21 #
2021/2166(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Strongly believes that more emphasis must be put on institutional consultation, coordination and cooperation between EU institutions and within them; urges the Commission to streamline its internal procedures to systematically associate DG INTPA to all impact assessments, in particular for internal legislation with potential effects beyond the EU, and to duly take into account the inputs, suggestions and recommendations provided by this DG; calls on the Commission to reinforce the involvement and meaningful participation of DG INTPA during the inter-service consultation, in the GRI (Groupe des Relations Interinstitutionnelles) and EXCO (Group for External Coordination) and to take duly into consideration the inputs from this leading DG concerning development cooperation and developing countries;
Amendment 23 #
2021/2166(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Believes that the quality of legislation affecting developing countries is determined, among other parameters, by its legitimacy and effectiveness, which in turn depend on the nature of the consultation, on how responsive that legislation is to the needs of the countries concerned, and that its implementation achieves the desired results without causing harm; in this sense, welcomes the strengthening of the consultation process and the stronger role EU Delegations are called to play; calls on the Commission to make the necessary efforts to involve them and also relevant stakeholders, experts in different areas concerned;
Amendment 24 #
2021/2166(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Acknowledges that the effective implementation of the better regulation and, in particular, of the ex-ante impact assessments will require an appropriate level of human, financial and other resources and time; urges the Commission to allocate the appropriate means in this regard;
Amendment 25 #
2021/2166(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Acknowledges that better regulation is a shared objective and a responsibility of all EU Institutions; as legislator, the European Parliament will streamline its internal services to better contribute to the assessment and monitoring of the impact on developing countries of EU legislation with external dimension, including of the AMs introduced by the European Parliament during the legislative procedure and EU spending programmes; accordingly, it will reinforce the cooperation and coordination between committees, strengthen the expertise on development policies throughout all the relevant committees, and clarify the role that the Committee on Development is called to play as guarantor of the principle of policy coherence for development as stated in the Rules of Procedure of the European Parliament (Annex VI), all of this with the aim of improving the quality and effectiveness of the EU legislation;
Amendment 53 #
2021/2165(INI)
Motion for a resolution
Recital D
Recital D
D. whereas over a quarter of workers in Europe experience excessive work- related stress; whereas 51 % of EU workers say stress is common in their workplace and nearly 80 % of managers are concerned about work-related stress8 ; whereas there are significant variations between the Member States’approaches and legislation on psychosocial risks vary in different Member States; __________________ 8‘Psychosocial risks in Europe: Prevalence and strategies for prevention’, Eurofound and EU-OSHA, 2014, Publications Office of the European Union, Luxembourg.
Amendment 77 #
2021/2165(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has exposed the vulnerability of non-standard workers, including platform and self- employed workerssome workers but has also exposed the strengths and flexibilities of various legislative systems in the European Union; whereas platform work in the labour market is highly likely to continue growing; whereas self- employed workers are excluded from the scope of application of the strategic framework for health and safety at work, as they are not covered by the EU legislation on occupational health and safety;
Amendment 105 #
2021/2165(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s strategic framework and, in particular, the introduction of the Vision Zero approach to work-related accidents and diseases; calls on the Commission to expand the Vision Zero approach to other injuries and accidents, as well as physical and mental attrition; calls on the Commission to significantly increase the focus on prevention strategies; calls for the ambitious implementation of the 7-year plan, also in the light of the impact of the COVID-19 pandemic, and believes that strong legislative action is needed on several aspects of EU policy on occupational health and safety in order to complement the variety of soft measures envisaged in order to make Vision Zero a reality; calls for a clear focus on workers’ participation in the Vision Zero approach;
Amendment 132 #
2021/2165(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to present in 2022 a legislative proposal to further reduce workers’ exposure to asbestos; calls on the Commission to be ambitious in its endeavours to achieve the total ban of asbestos and with regard to its zero accidents at work vision, and to update the exposure limit for asbestos to 0.001 fibres/cm3 (1 000 fibres/m3); stresses the need for an EU framework directive for national asbestos removal strategies, including public asbestos registers; notes that a certain, minor exposure to asbestos might sometimes occur while renovating old buildings and therefore cannot be fully avoided;
Amendment 143 #
2021/2165(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work has not proven effective enough for the assessment and management of psychosocial risks; recalls its request that the Commission include in the Strategic Framework for Occupational Safety and Health the right to disconnect and, explicitly, that it develop new psychosocial measures as part of the framework; calls on the Commission, in this regard, to step up the ambition of the Strategic Framework for Occupational Safety and Health; calls on the Commission toCalls on the Commission to step up the ambition of the Strategic Framework for Occupational Safety and Health; calls on the Commission to consult and cooperate with social partners on European and national levels to campaign for the proposeal of a directive on psychosocial risks and well-being at work aimed at the efficient prevention in the workplace of, inter alia, anxiety, depression, burnout and stress; calls on the Commission to aim for the recognition of anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of affected employees, and to shift from individual-level actions to a work organisation approachof psychosocial risks in the workplace;
Amendment 156 #
2021/2165(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that the Commission is strengthening the gender focus on occupational safety and health; calls on the Commission to propose a legal act based on the framework agreementframework on harassment and violence at work, and to call on Member States to ensure that the fight against workplace violence and harassment applies regardless of the reason for the harassment and that it is not limited to cases based on discriminatory grounds according to national laws and practices; calls on the Member States’ governments to ratify ILO Convention No 190 to put in place the necessary laws and policy measures to prevent and address violence and harassment in the world of work;
Amendment 169 #
2021/2165(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s intention to present by the end of 2021 a legislative initiative to improve the working conditions of platformall workers; calls on the Commission to ensure that the proposal guaranteesMember States and social partners to ensure that rights for all platform workers for a healthy and safe working environment are guaranteed;
Amendment 177 #
2021/2165(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to guarantee that all workers, including non- standard workers, workers in platform companies and the self-employedMember States to ensure that all workers are covered by occupational safety and health (OSH) legislation and policies;
Amendment 227 #
2021/2165(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 241 #
2021/2165(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 251 #
2021/2165(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s commitment to revise Directive 90/270/EEC laying down minimum safety and health requirements for work with display screen equipment; calls on the Commission and the Member States to be more ambitious in this regard and to propose a directive oneir campaign to prevent work- related musculoskeletal disorders (MSDs);
Amendment 48 #
2021/2098(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty, as well as of vulnerable populations, including ethnic minorities, the LGBTI+ community, the elderly, persons with disabilities and young people; people living in the outermost regions or areas on not well connected country sides;
Amendment 124 #
2021/2098(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes therefore the ongoing negotiations on a Regulation on serious cross-border threats to health repealing Decision No 1082/2013/EU, as well the ongoing negotiations on establishing a European Centre for diseases prevention and control and strengthening of the mandate of the European Medicine Agency;
Amendment 169 #
2021/2098(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers the right to disconnecteleworking arrangements tailored to the needs of the enterprise essential to ensuring the mental well-being of employees; reiterates its calls on the Commission to propose legislation requirEuropean social partners to update their autonomous framework agreement on teleworking line managers to set minimum requirements for remote order to adapt to today's challenges, while respecting the progress that has already been achieved in setting out minimum standards on telework ing; certain Member States;
Amendment 200 #
2021/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the Commission to recognise anxiety, depression and burnout as occupational diseases,develop guidance and support for employers in order for them to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; __________________ 16 European Agency for Safety and Health at Work (2021), Telework and health risks in the context of the COVID- 19 pandemic: evidence from the field and policy implications, 2021.of anxiety, depression and burnout as occupational diseases and the reintegration into the workplace of those affected;
Amendment 211 #
2021/2098(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to propose, in consultation with the social partners, a directiveguidelines on psychosocial risks and well-being at work aiming to effectively prevent psychosocial risks in the workplace; notes that the OSH framework directive 391/98/EEC obliges the employer to assess all risks at the workplace, including mental health risks, considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks;
Amendment 223 #
2021/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that it is essential for managers to be provided with the psychosocial training required to adapt topsychosocial training for employees in management positions can have a positive effect on work organisation practices and foster a deep understanding of negative mental health and the workplace;
Amendment 236 #
2021/2098(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that given the lack of sufficient mental health support and policies in the workplace, employees often have to rely on services provided by non- governmental organisations (NGOs); calls for workplaces to ensumake information available where employees have easy access to in-house mental health support and remedies;
Amendment 11 #
2021/2005(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the University of Leuven research project of May 2016 “European Works Councils on the Move: Management Perspectives on the Development of a Transnational Institution for Social Dialogue”,
Amendment 25 #
2021/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the voice of workerssocial partnership and collective bargaining between representatives of employees and employers on national level and the social dialogue on European level is a key element of the European Social Model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation, and tripartism are the building blocks of a diverse and socially sustainable future;
Amendment 34 #
2021/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, not least when trade unions and workers’ representatives, including trade unions, are actively involved in business due diligence processes; whereas the responsibility to ensure human rights in the workplace remains with the Member States; whereas more democracy at work would be an effective way of addressing the inequalities at work and in society;
Amendment 44 #
2021/2005(INI)
Motion for a resolution
Recital D
Recital D
D. whereas workers’ participation, collective bargaining coverage and unionisation are decliningshould be supported and promoted across the EU;
Amendment 52 #
2021/2005(INI)
Motion for a resolution
Recital E
Recital E
E. whereas trade unions and workers’workers’ representatives, including trade unions, together with employee representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, from the introduction of measures to protect the health and safety of workers, notably essential workers in highly exposed workplaces, to the implementation of job retention schemes such as short-time work and new forms of work organisation like working from home;
Amendment 55 #
2021/2005(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas according to Eurostat, in 2020 EU Member States with well- developed industrial relations systems, working arrangement sand short-working schemes performed better than the EU average and far fewer workers lost their job19a; __________________ 19aEurostat press release, Euro area GDP down by 12.1 % and employment down by 2.8 % (EU 11.8 % and 2.6 %), August 2020.
Amendment 64 #
2021/2005(INI)
Motion for a resolution
Recital F
Recital F
F. whereas sustainable corporate governance can onlyamong others be achieved with employee involvement; whereas the economic model based on the short-term ‘shareholder value’ principle has failed to encourage long-term investment and proper respect for human rights and, in particular, for the participation rights of trade unions and workers during past crises20 some studies suggest a focus of publicly listed companies to focus on short-term benefits of shareholders might in some instances come at the expense of more long-term value creation; __________________ 20Rapp, M. S., Wolff, M., Udoieva, I., Hennig, J. C., ‘Mitbestimmung im Aufsichtsrat und ihre Wirkung auf die Unternehmensführung’, Hans-Böckler- Stiftung, No 424, June 2019; Ernst and Young, Study on directors’ duties and sustainable corporate governance, July 2020.
Amendment 76 #
2021/2005(INI)
Motion for a resolution
Recital I
Recital I
I. whereas employees are not mere ‘stakeholders’ of companies, but ‘constituting parties’ alongsideneither shareholders who have to bear the entrepreneurial risk; therefore, the final decision-making power should remain with shareholders and managers; whereas worker participation in companies is a key component of a pluralistic model of corporate governance based on democratic principles, fairness and efficiency23 ; __________________ 23ILO study of November 2018 on corporate governance models: structure, diversity, evaluation and prospects.
Amendment 90 #
2021/2005(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the rich and interlocking network of workers’ participation at workplaces across the entire Union, from workers and trade unionworkers representatives, including trade unions, elected by and from the workforce at the local level, to cross-site works councils in more complex companies, to dedicated health and safety representation, and employee representation on companies’ supervisory or administrative boards;
Amendment 94 #
2021/2005(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the different legal frameworks for board-level worker participation in 18 EU Member States and Norway; highlights that the scope and intensity of worker participation in company boardrooms varies greatly;
Amendment 97 #
2021/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2021/2005(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of continuously improving the EU’s and Member States’ education, training and skills policies including vocational training, in particular in order to ensure lifelong learning and training, as well as the upskilling and reskilling for all workers;
Amendment 107 #
2021/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to respect the agreements between European social partners at both cross-industry and sectoral level, in accordance with TFEU Article 154 and 155, and to refrain from unilaterally deciding, in spite of the joint request of those social partners, not to transpose such agreements through a generally binding Council decision;
Amendment 109 #
2021/2005(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 116 #
2021/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 119 #
2021/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 122 #
2021/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 133 #
2021/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls onEncourages the Commission and the Member States to establish the necessary conditions and requirements to ensure that at least 80 % ofsupport that large corporations in the EU are covered by sustainable corporate governance agreements by 2030while recognizing the particular administrative burden for small and medium-sized enterprises25 ; calls, to this end, for the establishment of strategies agreed with workers to positively influence environmental, social and economic development through governance practices and market presence,; to strengthen the role of directors in pursuing the long-term interests of their company, to improve directors’companies' accountability towards integrating sustainability into corporate decision- making, and to promote corporate governance practices that contribute to company sustainability, including corporate reporting, board remuneration, a maximum CEO-to-worker pay ratio, board composition and stakeholder involvement26 ; __________________ 25Commission staff working document of 4 March 2021 accompanying its European Pillar of Social Rights Action Plan (SWD(2021)0046). 26 Ibid.
Amendment 144 #
2021/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to deliver on its commitment to put forward without further delay a directive on binding human rights due diligence and responsible business conduct, including workers’ rights such as the right to organise and collectively bargain, health and safety, social protection and working conditions; stresses that this directive should establish mandatory due diligence covering certain companies’ activities and their business relationships, including supply and subcontracting chains, and should ensure the full involvement of trade unions and workers’ representatives throughout the wholein the establishment and implementation of due diligence processtrategies;
Amendment 152 #
2021/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that introducing and monitoring new digital technologies in the workplace successfully and in a trustworthy mannerwill have a positive impact on the working environment and will require timely and meaningful information for and consultation with trade unions and workers’' representatives, including trade unions, to ensure full respect for their health, safety, data protection, equal treatment and well-being at work and prevent undue exploitation and surveillance of workers, in particular via management by algorithms; underlines the fact that trade unions and workers’' representatives, including trade unions, should have the necessary access and means to assess and evaluate digital technology;
Amendment 161 #
2021/2005(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to strengthen, enforce and consolidate all thenforce relevant EU laws to ensure that information and consultation is an integral part of company decision-making at all levels within companies;
Amendment 171 #
2021/2005(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance of ensuring timely and meaningful information and consultation across the EU before any decisions are made abouton policies or measures with cross-border implications; emphasises thate need of workers’ representatives must have access to the requisite expertise to assess the implications of these cross- border policies and processes for the workforce and companies;
Amendment 176 #
2021/2005(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 189 #
2021/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to introduce a new framework directive on workers’ information, consultation and participation for the various kinds of European companies, including subcontracting chains and franchises, and for companies that use EU company mobility instruments, in order to establish minimum standards on issues such as anticipating change and restructuring, in particular at company level;
Amendment 195 #
2021/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that many shortcomings in EU law would be overcome by introducing thresholds for a minimum EU standard of board-level representation under this new framework directive; considers, to this end, that workers’ representatives should have the following number/proportion of seats on boards: 2 or 3 seats in small companies with 50 to 250 employees, one third of all seats in companies with 250 to 1 000 employees, and half of all seats in big companies with more than 1 000 employees (within the company and its direct or indirect subsidiaries);
Amendment 207 #
2021/2005(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to guarantestrive to ensure information and consultation rights to ensure thatin order for the European Works Council canto deliver its opinion before consultation is completed at the respective level; calls on the Commission, moreover,Member States to ensure access to justice, to put an end to exemptions for old, so-called ‘voluntary’ pre-directive agreements after more than 20 years, to introduce sanctions, to consolidateintroduce effective, proportionate and dissuasive penalties in order to ensure compliance, to aim to clarify the concept of the ‘transnational character of a matter’ and incorporate it intoin the context of the European Works Council Directive, to prevent the abuse of confidentiality rules, and to ensure the efficient coordination of information, consultation and participation at local, national and EU levels;
Amendment 96 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offencesThe Union has a particular responsibility in preventing and combating the commission of environmental offences in developing countries in cases in which the action can be linked to the Union. Such offences are not compatible with EU development policy and objectives and the UN Sustainable development goals, pose a threat to the environment and therefore call for an appropriate and effective response.
Amendment 103 #
2021/0422(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Environmental crimes can be perpetrated by a range of state and non- state actors. Transnational companies could be perpetrators. However, all responsibility cannot always wholly be attributed to them.
Amendment 107 #
2021/0422(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Notes that the recognition of the crime of ecocide is currently being discussed in several national parliaments around the world as well as at international and European levels, which may in the future lead to a change in the law relating to the Environment.
Amendment 108 #
2021/0422(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should lay down rules concerning limitation periods necessary in order to enable them to counter environmental criminal offences more effectively, without prejudice to national rules that do not set limitation periods for investigation, prosecution and enforcement.
Amendment 111 #
2021/0422(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Given, in particular, the mobility of perpetrators of illegal conduct covered by this Directive, together with the cross- border nature of offences and the possibility of cross-border investigations, Member States should establish jurisdiction in order to counter such conduct effectively also in relation to developing countries.
Amendment 113 #
2021/0422(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
Amendment 115 #
2021/0422(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In relation to developing countries, and in order to combat environmental crimes, Member States and the EU should closely cooperate with developing countries through technical and financial assistance. This includes through adequate training and resources and the exchange of information. There should also be cooperation mechanisms.
Amendment 116 #
2021/0422(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in order to protect the environment, prevent and combat environmental crime more effectively.
Amendment 118 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the following conduct constitutes a criminal offence when it is unlawful and committed intentionally, therefore presenting a danger:
Amendment 131 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person or group of persons.
Amendment 143 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to properly ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 144 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to properly ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 154 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) in relation to transnational companies, the fault can also be attributed to other actors and the responsibility is, therefore, to be shared and accompanied with penalties accordingly;
Amendment 158 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and judicial adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient per, or after the detectiodn of time after the commission of those criminal offenceshose offences in cases where those offences were hidden, in order for those criminal offences to be tackled effectively.
Amendment 1767 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section AT
Annex 2 - table - section AT
Node Name: Klagenfurt Rail road terminals: comprehensivre (Villach -Fürnitz)
Amendment 173 #
2021/0414(COD)
Proposal for a directive
Recital 2
Recital 2
(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 315 of the Charter provides forto the right to work and to pursue a freely chosen or accepted occupation as well as to provide services. Article 31 of the Charter supplements the right to work with the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 16 of the Charter recognises the freedom to conduct a business.
Amendment 178 #
2021/0414(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Principle No 5 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 201753 , provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training; that, in accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured; and that innovative forms of work that ensure quality working conditions are to be fostered, that entrepreneurship and self-employment are to be encouraged and that occupational mobility is to be facilitated, thus strongly reaffirming the right under Article 15 of the Charter of Fundamental Rights and the basic freedom of choice every person enjoys when engaging in work and the fundamental principle of free market initiative, including on the labour market. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar54 as guidance for its implementation. __________________ 53 Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘The European Pillar of Social Rights Action Plan’, COM(2021) 102 final, 4.3.2021.
Amendment 192 #
2021/0414(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The aim of this Directive is to improve the working conditions and social rights of people working via digital platforms, with a view to promote the conditions for sustainable growth of digital work platforms in the European Union. In order to achieve this, persons working via a digital work platform should be given the legal employment status, to access the applicable national labour and social protection laws. Fairness, transparency and accountability in algorithmic management in the context of platform work should be insured, as well to promote traceability and awareness for developments in platform work.
Amendment 209 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Therefore a robust set of classification criteria and legal certainty are necessary to respect and enable entrepreneurial freedom, to enable an effective classification and prevent bogus self-employment. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 215 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility create employment, increase choice, provide additional income, and lower barriers to entering the organisation of working timelabour market, especially for vulnerable groups. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 218 #
2021/0414(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Platform work may facilitate flexibility and optimisation of resources, and provide opportunities for both people working in or through digital labour platforms and clients, and the matching of demand for and supply of services.
Amendment 220 #
2021/0414(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Innovation in digital tools is a precondition for platform work and can contribute to growth in times of crisis and recovery.
Amendment 221 #
2021/0414(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) Platform work can offer advantages for students and those who wish to combine study and work at the same time, as well as creating access to employment for young people not in education, employment or training (NEETs), and people with lower skill levels;
Amendment 222 #
2021/0414(COD)
Proposal for a directive
Recital 6 d (new)
Recital 6 d (new)
(6d) The trend towards remote working in many sectors, and especially online- based trade and services is unavoidable and favourable for many companies and workers and the booming development of digital technologies predetermines many new and unpredictable opportunities for so-called non-standard forms of work and employment.
Amendment 227 #
2021/0414(COD)
Proposal for a directive
Recital 7
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. 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 reclassifiedvarious aspects of the performance of the work. Those courts have therefore reclassified, based on different criteria and national legislative solutions, purportedly self-employed persons as workers employed by the platforms. However, various national legislations, social dialogue practices and 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.
Amendment 233 #
2021/0414(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) On the contrary, self-employed persons engaged in the provision of various services, without prejudice to the level of qualification and incomes (such as designers, IT experts, performers, drivers, craftsmen, repairmen, housekeepers, delivery personnel etc.), are often subject to employment status misclassification and so called bogus self employment, while a large number of them are voluntarily choosing the flexibility and freedom of choice, provided by self employment.
Amendment 234 #
2021/0414(COD)
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) No definition of 'worker’ at European level exists, to resolve the above mentioned uncertainties, and the case law of the CJEU has established criteria for determining the status of a worker and a self employed person, while leaving most of the competences to the Member States;
Amendment 244 #
2021/0414(COD)
Proposal for a directive
Recital 9
Recital 9
(9) When platforms operate in several Member States or across borders, it is often unclear where the platform work, especially online based, is performed and by whom. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable national and European rules, including in respect of labour law, health and social protection. security, social protection and taxation.
Amendment 272 #
2021/0414(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, associations of persons performing platform work, experts from academia, Member States and international organisations and representatives of civil society. It is of utmost importance for these consultations to continue after the adoption of this Directive, including social partners at all levels, in order to guarantee the smooth transposition and implementation of the Directive and provide for a timely revision, based on lessons learned.
Amendment 280 #
2021/0414(COD)
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to all digital labour platforms and any individual who performs platform work in the European Union, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work, creating legal certainty for all involved parties.
Amendment 290 #
2021/0414(COD)
Proposal for a directive
Recital 18
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 genuine self-employed or intermediate self-employed as defined at national level. 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.
Amendment 291 #
2021/0414(COD)
Proposal for a directive
Recital 18
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, or that is of a non-profit making nature. 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.
Amendment 293 #
2021/0414(COD)
Proposal for a directive
Recital 18
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 significantdetermining 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. 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 determining, necessary and essential and not merely a minor and purely ancillary component.
Amendment 310 #
2021/0414(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62 . The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.
Amendment 330 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certainkey and determining elements of the performance of work, they act like employers in an employment relationship. Direction and full control, orcombined with 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 contractual relationships in which digital labour platforms exert a certain level of control over certain key and determining elements of the performance of work, clearly established under national law and court practice or under the case-law of the CJEU and the present Directive, should be deemed, by virtue of a legal presumption under national law, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person, unless performing regulated liberal profession legally or traditionally requiring free lancer status, 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 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.
Amendment 334 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, restrict a person’s freedom to organise his or her work and control the execution 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 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 applyrefore platform workers who are in an alleged employment relationship shall fully enjoy the rights provided by national labour law and have the same status as legitimate worker in all relevant administrative and legal proceedings and should benefit the person performing platform work. AThis should also apply for 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.
Amendment 342 #
2021/0414(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational andwhich classify the existence of an employment relationship shall be included in the Directive to facilitate the enforcement of workers’ rights. Those criteria should be defined by each Member State, inspired by Union and national case law or national jurisprudence and take into account national concepts of the employment relationship. The minimum criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how, where and when the work is to be performed or prevto which extents the person performing platform work from developing business contacts with potential clientsworker is integrated in the platform's organisation and restricts a person’s freedom to organise his or her work and controls the execution of work, and thus that it acts like an employer in an employment relationship. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,legitimate the existence of an employment relationship. At the same time, the criteria should not cover situations where the persons performing platform work are genuine self- employed. Genuine self- employed persons are themselves responsible vis-à-vis their customersontracting party for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.
Amendment 356 #
2021/0414(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance 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.
Amendment 364 #
2021/0414(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In the interest of legal certainty, the legal presumption should not have any retroactive legal effects before the transposition date of this Directive and should therefore only apply to the period starting from that date, including for contractual relationships entered into before and still ongoing on that date. C claims relating to the possible existence of an employment relationship before that date and resulting rights and obligations until that date should therefore be assessed only on the basis of national law and Union law predating this Directive.
Amendment 369 #
2021/0414(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 375 #
2021/0414(COD)
Proposal for a directive
Recital 28
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, in order to avoid the triggering and subsequent rebuttal in cases of genuine self-employment. 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, 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.
Amendment 379 #
2021/0414(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) In the interest of legal certainty Member States shall provide digital labour platforms and platform workers with the right to consultation. Under the process digital labour platforms and platform workers would have the option to request to the competent authority to pre- emptively assess the existence of an employment relationship on the basis of the terms and conditions of the relationship and justify its finding. The outcome of the process, although not legally binding, will allow digital labour platforms, platform workers and local authorities to assess the level of control exerted by the platform ahead of the presumption or rebuttal processes.
Amendment 389 #
2021/0414(COD)
Proposal for a directive
Recital 32
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 have a significantly a effect on 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 and to national labour authorities at their request, in order to enable them to exercise their functions.
Amendment 393 #
2021/0414(COD)
Proposal for a directive
Recital 33
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, price sensitive information or is protected by intellectual property rights. Digital labour platforms should also not be required to disclose information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of the system. However, the result of those considerations should not be a refusal to provide all the information required by this Directive.
Amendment 433 #
2021/0414(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Representatives of persons performing platform work 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 reprisalsExcept to the extent that national law provides for it, individuals should not be subject to collective action on their behalf without having agreed explicitly to the action. This is in order to ensure that collective action by representatives of persons performing platform work would not result in persons performing platform work being reclassified against their will.
Amendment 443 #
2021/0414(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In administrative or judicial proceedings regarding the correct determination of the employment status of persons performing platform work, the elements regarding the organisation of work allowing to establish the employment status and in particular whether the digital labour platform controls certainlimits the engagement in work for other clients or through other platforms or digital and offline means, as well as whether it controls certain key and determining elements of the performance of work may be in the possession of the digital labour platform and not easily accessible to persons performing platform work and competent authorities. National courts or competent authorities should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential information, subject to effective measures to protect such information.
Amendment 458 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performingengaged in platform work, except those performing regulated liberal professions as free lancers, and especially platform workers: (i) by ensuring correct determination of their employment status, of dependent contractors; (ii) by promoting transparency, fairness and accountability in algorithmic management in platform work and; (iii) by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union. ; (iiii) by acknowledging the specifics of self-employed platform workers, including people transitioning from one status to another or who have both statuses, but not using working-time limitations as a reason of exemption from social coverage.
Amendment 462 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performing platform workers and the protection of natural persons performing platform work regarding the processing of their data, by ensuring correct determination of their employment status, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 467 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in theeach Member States with consideration to the case-law of the Court of Justice. This Directive shall be without prejudice to the full respect of the autonomy of social partners, including their right to negotiate and conclude collective agreements.
Amendment 475 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 476 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive applies to every person performing platform work in the Union and to every digital labour platforms organising platform work performed in the Union, irrespective of their platform's place of establishment and irrespective of the law otherwise applicable.
Amendment 496 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘platform work’ means any work organised through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual or another party , irrespective of whether a contractual relationship exists between theat individual or the party and the recipient of the service;
Amendment 501 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘person performing platform work’ means any individual performing platform work, irrespective of the contractualnature of the contractual relationship or its designation of the relationship between that individual and the digital labour platform by the parties involved;
Amendment 506 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘platform worker’ means any personindividual performing platform work who has, or who based on an assessment of facts is deemed to have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;
Amendment 511 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4a) “self-employed person», engaged in platform work means any person, engaged in platform work, who does not have employment contract or employment relations with the platform under national or Union law presumption, irrespective of the task she/he performs or services she/he provides, qualification, time dedicated to platform work through the respective platform and income level, including, but not limited to persons, performing regulated professions as free- lancers and persons, performing marginal work.
Amendment 515 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘representatives’ means the workers’ organisations or representatives of persons performing platform work provided for by national law or practices, or both;
Amendment 536 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
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, or those who provide a service that is of a non-profit making nature. 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.
Amendment 540 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
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.
Amendment 549 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
Amendment 555 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, by the individual in question on a case by case basis irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on facts, the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.
Amendment 560 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where self-employment or an intermediate employment status – as defined at national level – is the correct employment status, rights and obligations pursuant to that status shall apply, to respect different national labour laws.
Amendment 567 #
Amendment 572 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. 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 relationshipwhich leads to the existence of an employment relationship shall be bound to a specific criteria. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, which shall be based on the criteria included in paragraph 2, given that the digital labour platform restricts that person's freedom, including through sanctions, to organise his or her work and controls its execution, within the meaning of paragraph 2.
Amendment 580 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing, as described in the criteria outlined in paragraph 2, and a platform worker through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, supplementing existing ones in accordance with their national legal and judicial systems.
Amendment 585 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Amendment 605 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
Amendment 606 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. ControllingRestricting the freedom to organise one's work and controlling the execution of the performance of work within the meaning of paragraph 1 shall be understood as defacto fulfilling at least two of the following:
Amendment 616 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
Amendment 617 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effectively determining, or setting upper limits for the level of remuneration;The amount of the platform's instruction on how, where and when the work is to be performed.
Amendment 627 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
Amendment 628 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
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 perfto which extent the worker is integrated in the platform's ormgance of the work;isation.
Amendment 640 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
Amendment 648 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 649 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
Amendment 650 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) effectively restricting the freedom to accept or to refuse tasks;
Amendment 657 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
Amendment 662 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e b (new)
Article 4 – paragraph 2 – point e b (new)
(eb) effectively restricting the possibility to build a client base;
Amendment 663 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The criteria when the legal assumption applies should be defined by each Member State, inspired by Union and national case law or national jurisprudence and take into account national concepts of the employment relationship.
Amendment 672 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 whilis Directive taking into account the impact on start-ups, avoiding capturing the genuine self- employed and supporting the sustainable growth of digital labour platforms. In particular they shall:
Amendment 675 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) ensure that information con the application of the legal presumpcerning the employment status, rights and obligations is made publicly available in a clear, comprehensive and easily accessible way;
Amendment 683 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures fon the classification system to guarantee a cor rebutting it in accordance with Article 5ct application;
Amendment 691 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) in line with national law or practice, develop guidance for enforcementcompetent national authorities to proactively target and pursue non-compliant digital labour platforms;
Amendment 703 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) strengthenin line with national law or practice, the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non-discriminatory.
Amendment 714 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) develop precise recommendations providing guidance 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;
Amendment 717 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 725 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self- employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 727 #
2021/0414(COD)
Proposal for a directive
Article 5
Article 5
Amendment 735 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure the possibility for any of the parties to rebut the legal presumptionchallenge the classification of the employment status referred to in Article 4 in legal or administrative proceedings or both.
Amendment 742 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform 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 burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumptionshall apply.
Amendment 745 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform 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 burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
Amendment 752 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3
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 be held before the respective national authority under the relevant national procedure, especially in case a legal presumption and/or procedure for granting employment status on national level already exists.
Amendment 761 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Member States shall develop a process according to which digital labour platforms and platform workers are granted consultation rights under which national and local authorities pre- emptively assess, approve and justify the employment status of platform workers on the basis of the control of the performance of work within the meaning of Article 4 paragraph 2 of the present Directive.
Amendment 770 #
2021/0414(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 804 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, or prior to the first task assigned as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
Amendment 875 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particularto the extent that this is provided for in Union or Member State law , Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.
Amendment 882 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
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 of receiptin line with deadlines outlined in GDPR. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
Amendment 978 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Whereas most digital work platforms are located outside the European Union, therefore challenges regarding the enforcement of the provisions, as well applicable national law in the Member State where the work is performed, will arise. Therefore, special provisions will be needed.
Amendment 1013 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the freedom of the social partners to negotiate and conclude collective agreements.
Amendment 1017 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
Amendment 1021 #
2021/0414(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.
Amendment 156 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heating. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. As there is no definition of energy poverty on Union level, there are no comparable data available. Therefore, a Union level definition should be established. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 182 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through refinancing national measures providing temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 206 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should set out national measures provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessaryadequate resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should set out national measures mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including national measures providing temporary direct income support to mitigate adverse income effects in the shorter term. These Plans should also guarantere termhat actions which have already been implemented at national level will be taken into account.
Amendment 236 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, where appropriate, in consultation with regional level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 271 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 296 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 . The Plans should include the national measures to be refinanced, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 307 #
2021/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Fund and the Plans should be coherent with and framed by the reforms planned and the commitments made by the Member States under their updated integrated national energy and climate plans in accordance with Regulation (EU) 2018/1999, under Directive [yyyy/nnn] of the European Parliament and the Council [Proposal for recast of Directive 2012/27/EU on energy efficiency]36 , the European Pillar of Social Rights Action Plan37 , the European Social Fund Plus (ESF+) established by Regulation (EU) 2021/1057 of the European Parliament and of the Council38 , the cohesion policy operational programmes under Regulation (EU) 2021/1058, the Recovery and Resilience Plans in accordance with Regulation (EU) 2021/241 the Just Transition Plans pursuant to Regulation (EU) 2021/1056 of the European Parliament and of the Council39 and the Member States long-term buildings renovation strategies pursuant to Directive 2010/31/EU of the European Parliament and of the Council40 . To ensure administrative efficiency, where applicable, the information included in the Plans should be consistent with the legislation and plans listed above. _________________ 36 [Add ref] 37 Endorsed by the European Council on 24 and 25 June 2021. 38 Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (OJ L 231, 30.6.2021, p. 21). 39 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1). 40 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 311 #
2021/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Fund and the Plans should be coherent with and framed by the reforms planned and the commitments made by the Member States under their updated integrated national energy and climate plans in accordance with Regulation (EU) 2018/1999, under Directive [yyyy/nnn] of the European Parliament and the Council [Proposal for recast of Directive 2012/27/EU on energy efficiency]36 , the European Pillar of Social Rights Action Plan37 , the European Social Fund Plus (ESF+) established by Regulation (EU) 2021/1057 of the European Parliament and of the Council38 , the cohesion policy operational programmes under Regulation (EU) 2021/1058, the Recovery and Resilience Plans in accordance with Regulation (EU) 2021/241, the Just Transition Plans pursuant to Regulation (EU) 2021/1056 of the European Parliament and of the Council39 and the Member States long-term buildings renovation strategies pursuant to Directive 2010/31/EU of the European Parliament and of the Council40 . To ensure administrative efficiency, where applicable, the information included in the Plans should be consistent with the legislation and plans listed above. _________________ 36 [Add ref] 37 Endorsed by the European Council on 24 and 25 June 2021. 38 Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/2013 (OJ L 231, 30.6.2021, p. 21). 39 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1). 40 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 319 #
2021/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. Payments from the Social Climate Fund should partly refinance national measures outlined in the Plans and be made conditional on achievement of the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration with other national spending programmes while guaranteeing the impact and the integrity of EU spending.
Amendment 387 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It shall temporarily provide support to Member States for the financing of the measures and investments included in their Social Climate Plans (‘the Plans’).
Amendment 398 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas). If a Member State already has an equivalent national emission trading system for buildings and road transport in place and that system would be merely replaced by the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the national measures already in place to mitigate the social impact and challenges should be duly taken into account.
Amendment 421 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts, in the introductory phase, of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support vulnerable households, vulnerable micro- enterprises and vulnerable transport users through national measures providing temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
Amendment 504 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘direct income support’ for the purpose of this regulation, means all measures taken by national authorities in EU countries to provide an adequate support to their citizens via different benefit schemes to alleviate the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 514 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union. If a Member State already has an equivalent national emission trading system for buildings and road transport in place and that system would be merely replaced by the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the national measures already in place to mitigate the social impact and challenges should be duly taken into account.
Amendment 534 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support in the first [three] years after entry into force of this regulation to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 542 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shall include national measures and investments projects to:
Amendment 594 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of the introduction of an emission trading system for building and road transport established pursuant to Chapter IVa of Directive 2003/87/EC on the that increase in prices on households, and in particular on incidence of energy poverty, on micro- enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural; If a Member State already has an equivalent national emission trading system for buildings and road transport in place and that system would be merely replaced by the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive2003/87/EC, the Member State concerned may, alternatively, provide an evaluation of the effects of the national emission trading system;
Amendment 610 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transport poverty and the vulnerability of households, micro-enterprises and transport users to an increase of road transport and heating fuel prices; as well as a justification on how this measure complements existing activities of the Member States to this effect;
Amendment 628 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 772 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) grant free access to public transport or adaptedfoster affordable tariffs for access to public transport, as well as fostering sustainable mobility on demand and shared mobility services;
Amendment 483 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall not be applicable to employers bound by a collective agreement setting pay levels respecting the principle of equal work.
Amendment 906 #
2021/0050(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The compensation shall place the worker who has suffered harm in the position in which that person would have been if he or she had not been discriminated based on sex or if no infringement of any of the rights or obligations relating to equal pay between men and women for equal work or work of equal value had occurred. It shall include full recovery of back pay and related bonuses or payments in kind, compensation for lost opportunities and moral prejudice. It shall also include the right to interest on arrearshad occurred.
Amendment 932 #
2021/0050(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information where they consider it relevant to the claim. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information.
Amendment 1 #
2020/2262(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to all the previousthe Commission communications to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the need for better regulation in order to achieve better results for the benefit of EU citizens,principles of subsidiarity and proportionality: Strengthening their role in the EU's policymaking1a, and its Annex, _________________ 1a COM(2018)703
Amendment 2 #
2020/2262(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the decision of the President of the European Commission of 14 November 2017 on the establishment of a Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’ (C(2017)7810), which presented its findings on 10th of July 2018,
Amendment 8 #
2020/2262(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A whereas the principles of subsidiarity and proportionality govern the exercise of the EU’s competences; whereas in areas in which the EU does not have exclusive competence, the principle of subsidiarity seeks to safeguard the ability of the Member States to take decisions and action and authorises intervention by the Union when the objectives of an action cannot be sufficiently achieved by the Member States, but can be better achieved at Union level, ‘by reason of the scale and effects of the proposed action’; whereas the purpose of including a reference to the principle in the EU Treaties is also to ensure that powers are exercised as close to the citizen as possible, in accordance with the proximity principle referred to in Article 10(3) of the TEU;
Amendment 10 #
2020/2262(INI)
Motion for a resolution
Recital B
Recital B
B. whereas theat Task Force issued recommendations to improve the application of subsidiarity and proportionality in the work of the EU institutions and to give local and regional authorities and national parliaments a more prominent role in order to achieve ‘active subsidiarity’; whereas it responded to the questions “how to better apply subsidiarity and proportionality principles within the EU institutions”, “how to better involve regional and local authorities and national parliaments in EU policymaking and implementation” and “whether there are policy areas where powers could be returned over time to Member States”,
Amendment 14 #
2020/2262(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2018 the Commission continued to apply its reinforced better regulation agenda and to integrate the principles of subsidiarity and proportionality at all stages of policy- making; whereas it made further improvements to the ‘Have Your Say’ web portal;
Amendment 15 #
2020/2262(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the Commission launched on 3 July 2020 a revamped version of the ‘Have Your Say’ web portal to better contribute online to EU law and policymaking; whereas that new version should further improve Commission consultation and communication with the public and increase transparency; whereas as part of its ‘Better Regulation’ agenda, the aim of the portal is to enhance the quality of EU policymaking;
Amendment 28 #
2020/2262(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current crisis has strengthened therevealed the urgent need to alleviate unnecessary regulatory burdens to make sure that EU laws deliver their intended benefits while reducing unnecessary costs, particularly for small and medium-sized enterprises (SMEs) and micro enterprises;
Amendment 33 #
2020/2262(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1 Recalls the importance of the annual reports on subsidiarity and proportionality prepared by the Commission;
Amendment 34 #
2020/2262(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the constant consideration ofUnderlines that the principles of subsidiarity and proportionality, which are the guiding principles ofor the European Union when it chooses to act; recalls the concerns raised in previous reports about the somewhat perfunctory character of the annual reports on subsidiarity and proportionality prepared by the Commission, which often fail to pay detailed consideration to how these principles are observed in EU policy- making;
Amendment 42 #
2020/2262(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the principle of subsidiarity enshrined in Article 5 of the Treaty on European Union aims toshall ensure that decisions are taken as closely as possible to citizens and businesses and that constant checks are carried out to verify that action at EU level is justified in the light of the possibilities available at national, regional or local level and to guarantee that the EU does not take action, except in the areas that fall within its exclusive competence, unless it is more effective than action taken at national, regional or local level; recalls, too, that the principle of proportionality requires that any action taken by the EU should not go beyond what is necessary to achieve the objectives of the Treaties;
Amendment 47 #
2020/2262(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the importance of adequately explaining the need for legislative initiatives and their impact on all important sectors (economic, environmental, and social) with the aim of respecting the principles of subsidiarity and proportionality;
Amendment 49 #
2020/2262(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 58 #
2020/2262(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. NotesTakes note of the conclusions of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’; draws attention to the fact that Parliament declined the invitation to participate by appointing members toconsidered that participation in the Ttask Fforce, with full respect for it set up by the Commission would disregard Parliament’s institutional role and standing as the only directly elected bodyInstitution of the European Union and of ensuring democra, representing the citizens and businesses at Union level and exercising functions of political scrutiny ofver the activity of European UnionCommission, and that, consequently, it decided to decline the invitation to participate by appointing members to the Task Force;
Amendment 65 #
2020/2262(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of the participation of national parliaments in the process of law-making at EU level; regretstakes note of the fact that in 2017 the Commission received 20 % fewer reasoned opinions than in 2016 (52 reasoned opinions in 2017 compared to 65 reasoned opinions in 2016), and that in 2018 it received only 37 reasoned opinions; observes that no proposals received more than four reasoned opinions, which could be a result of improvements made by the Commission and the implementation based on the findings of the task force, among other;
Amendment 67 #
2020/2262(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that in 20176, of a total number of 41 houses of national parliaments, only 1926 issued reasoned opinions, and that in 2018, that number fell to 14which number fell to 19 in 2017 and 14 in 2018; stresses that such decrease goes hand in hand with the decrease of reasoned opinions in total;
Amendment 82 #
2020/2262(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that in 2017 the Regulatory Scrutiny Board (RSB) examined a total of 53 impact assessments, that in 12 cases it estimated that it was necessary to improve their analysis of subsidiarity and EU added value, and that 30 opinions contained comments on proportionality; notes that in 2018 it examined 75 impact assessments, that in 16 cases it was necessary to improve their analysis of subsidiarand 17 separate evaluations; observes that that 43% of these impact assessments and 41% of the evaluations examined by the RSB initially received negative opinions and that for almost all impact assessments, services had to improve the reports to meet Board quality stand EU added value, and that 47 opinions contained remarks aimed at improving the analysis of proportionality and comparisons of policy options; underlines that in 2019 the board examined only one impact assessment;ards; concludes that the quality of the original impact assessments and evaluations have to be significantly improved to save time and money as this state seems to be the norm with a rate of 28% and 27% in 2018 and a rate of 100% and 47% in 20192a; _________________ 2a RSB annual reports 2017, 2018, 2019.
Amendment 85 #
2020/2262(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that there is an urgent need to improve impact assessments in general when it comes to subsidiarity and proportionality, because they are important preconditions for an effective and balanced EU legislation that can be beneficial for a well-functioning internal market;
Amendment 86 #
2020/2262(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Stresses that all impact assessments, evaluations and fitness checks should carry out an analysis on subsidiarity and proportionality;
Amendment 89 #
2020/2262(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission’s commitment to ‘ex ante evaluation’ before considering possible legislative changes; believes that the European Union and the authorities of the Member States should continue to work closely together to ensure better evaluation of the real impact of EU regulations on citizens and businesses, on the economy, on the structure of the society and on the environment;
Amendment 107 #
2020/2262(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the ‘one-in, one- out’ approachprinciple based on stakeholder involvement, through which the Commission aims to offset newly introduced burdens by relieving people and businesses of equivalent burdens at EU level in the same policy area; emphasises, however, that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards;
Amendment 116 #
2020/2262(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes, in this regard, the establishment by the Commission of the Fit for Future Platform by the Commission, a high-level expert group with the participation of various stakeholders, Member State experts, and representatives of the Committee of the Regions and the European Economic and Social Committee, which advises the Commission on how to identify potentially burdensome existing EU legislation and how to simplify and modernise it, including through digitalisation;
Amendment 118 #
2020/2262(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Member States’ authorities at national and regional level to become more closely involved at an early stage of the decision-making process, with subsidiarity and proportionality checks and administrative burden assessments of EU legislation; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid unnecessary bureaucratic burdens that can undermine the smooth functioning of the internal market;
Amendment 28 #
2020/2129(INL)
Motion for a resolution
Recital A
Recital A
A. Whereas the globalisation of economic activity has in many instances given rise to and aggravated adverse impacts on human rights, including social and labour rights, the environment and the good governance of states and the environment;
Amendment 35 #
2020/2129(INL)
Motion for a resolution
Recital B
Recital B
B. Whereas companies should respect human rights, and the environment and good governance and should not cause or contribute to causing any adverse impacts in this regard;
Amendment 55 #
2020/2129(INL)
Motion for a resolution
Recital H
Recital H
Amendment 66 #
2020/2129(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that voluntary due diligence standards have severe limitations and that the Union should urgently adopt minimumadopt clear requirements for undertakings to identify, prevent, cease, mitigate, and monitor, disclose, account, address and remediate human rights, and environmental and governance risks in their entire value chainrisks in the first tier of their supply chain outside of the EU; believes that this would be beneficial for stakeholders, as well as for businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter; stresses that any framework should be based on an obligation of means rather than an obligation of results
Amendment 71 #
2020/2129(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RStresses that it is the responsibility of states and governments to safeguard human rights in their countries and that this responsibility shall not be transferred to private actors; recalls that due diligence is primarily a preventative mechanism and that companies should be first and foremost required to identify risks or adverse impacts and adopt policies and measures to address them; highlights that if an undertaking causes or contribumitigates to an adverse impact it should provide for a remedy; hem;
Amendment 82 #
2020/2129(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that human rights abuses and breaches of social and environmental standards can be the result of a company’s own activities or of those of its business relationships; underlines therefore that due diligence should encompass the entire value chain;direct suppliers in the first tier of the supply chain outside the European Union.
Amendment 124 #
2020/2129(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that sound due diligence requires that all stakeholders be involved and consulted effectively and meaningfully;
Amendment 127 #
2020/2129(INL)
10. Considers that, to enforce due diligence, Member States should designate national authorities to share best practices as well as to supervise and impose sanctions, including criminal sanctions in severe castaking into account the severity and repeated nature of the infringements; considers that the Commission shall set up a European Due Diligence Network to ensure, together with the national competent authorities, the coordination and convergence of regulatory and supervisory practices, and monitor the performance of national competent authorities;
Amendment 144 #
2020/2129(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 155 #
2020/2129(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 160 #
2020/2129(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 190 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 2
Annex I – part 1 – paragraph 9 – point 2
2. Within a context of mounting evidence of human rights violations and environmental degradation, concern grew about ensuring businesses respected human rights, in particular when operating in countries with weak legal systems and enforcement, and holding them accountable for causing or contributing to harm. In this light, the UN Human Rights Council in 2008 unanimously welcomed the “Protect, Respect and Remedy” Framework. This framework rests on three pillars: the state duty to protect against human rights abuses by third parties, including businesses, through appropriate policies, regulation, and adjudication; the corporate responsibility to respect human rights, which means acting with due diligence to avoid infringing on the rights of others and to address adverse impacts that occur, and greater access by victims to effective remedy, both judicial and non- judicial.
Amendment 194 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 4
Annex I – part 1 – paragraph 9 – point 4
4. Businesses thus currently have at their disposal an important number of international due diligence instruments that can help them fulfil their responsibility to respect human rights. While it is difficult to overstate the importance of these instruments for businesses that take their duty to respect human rights seriously, their voluntary nature can hampers their effectiveness and their effect has indeed proved limited, with a restricted number of businesses voluntarily implementing human rights due diligence in relation to their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.
Amendment 219 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, and the environment and good governance, this Directive will ensure that all undertakings operating in the iInternal mMarket are subject to harmonised minimum due diligence obligations, which will improve theits functioning of that market.
Amendment 226 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 9
Annex I – part 1 – paragraph 9 – point 9
9. The establishment of mandatory due diligence requirements at EU level willcan be beneficial to businesses in terms of harmonization, legal certainty and the securing of a level playing field, and willmight give companies subject to them a competitive advantage in the EU, inasmuch as societies are increasingly demanding from undertakings that they become more ethical and sustainable. This Directive, by setting a European due diligence standard, could help foster the emergence of a global standard for responsible business conduct.
Amendment 231 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 10
Annex I – part 1 – paragraph 9 – point 10
10. This Directive is aimeds at preventing and mitigating adverse human rights, governance and environmental impacts throughout the value chainfirst tier of the supply chain outside the EU, as well as ensuring that undertakings can bhave theld accountable for these risks and that anyone who has suffered harm in this regard can effectively exercise the right to obtain remedy obligation to identify these risks.
Amendment 264 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 16
Annex I – part 1 – paragraph 9 – point 16
16. Due diligence is defined in this Directive as the process put in place by an undertaking in order to identify, cease, prevent, mitigate, monitor, disclose, account for, address and remedy the risks posed to human rights, including social and labour rights, the environment, including climate change, and to governancemitigate and monitor the risks posed to human right and the environment, both by its own operations and its direct contractual business relationships.
Amendment 274 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 17
Annex I – part 1 – paragraph 9 – point 17
17. In relation to human rights risks, Annex I to this Directive lists a number ofthe instruments undertakings should take into consideration when assessing their potential risks. The list is conceived as non-exhaustive, undertakings being strongly encouraged to take into consideration other human rights instruments that would enable them to carry out a complete due diligence process to prevent any risk for human rightsexhaustive and can be reviewed by the Commission by means of a delegated act where necessary to include the reference to human rights instruments that may be adopted in the future.
Amendment 280 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 19
Annex I – part 1 – paragraph 9 – point 19
19. This Directive establishes a non-n exhaustive list of environmental risks. To contribute to the internal coherence of EU legislation and to provide legal certainty, this list is based on Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment in which undertakings may find guidance for assessing their risks by means of a reference to a list of relevant Union acts set out in Annex II to this Directive.
Amendment 285 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 20
Annex I – part 1 – paragraph 9 – point 20
Amendment 292 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 21
Annex I – part 1 – paragraph 9 – point 21
21. Environmental, governance and human right risks are not gender-neutral. Undertakings should be encouraged to integrate the gender perspective into their due diligence processes. They can find guidance in the UN booklet Gender Dimensions of the Guiding Principles on Business and Human Rights.
Amendment 302 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 22
Annex I – part 1 – paragraph 9 – point 22
22. AThe adverse impacts or violations of human rights and social and environmental standards by undertakings can be the result of their own activities or of those of their direct contractual business relationships, in particular suppliers, sub-contractors and investee undertakings. In order to be effective, undertakings’ due diligence should encompass the entire value chain.
Amendment 308 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 23
Annex I – part 1 – paragraph 9 – point 23
23. Due diligence is primarily a preventative mechanism that requires companies to identify potential or actual adverse impacts and to adopt policies and measures to cease, prevent, mitigate, monitor, disclose, address, remediate them, and account fmitigate and monitor how they address those impactsese. Undertakings shouldmay be required to produce a document in which they make explicit their due diligence strategy with reference to each of those stages. This. Any due diligence strategyframework should be duly integrated into the company’s overall business strategybased on an obligation of means rather than an obligation of results.
Amendment 314 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 24
Annex I – part 1 – paragraph 9 – point 24
24. Due diligence should not be a ‘box- ticking’ exercise but shouldmay consist of an ongoing assessment of risks, which are dynamic and may change on account of new business relationships or contextual developments. Undertakings should therefore in an ongoing manner monitor and adapt their due diligence strategies accordingly. Those strategies should cover every actual or potential adverse impacts, although the severity of the risk shouldmust be considered if the establishment of a prioritisation policy is required.
Amendment 327 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 26
Annex I – part 1 – paragraph 9 – point 26
26. Sound due diligence requires that all stakeholders may be consulted effectively and meaningfully, and that trade unions in particular be appropriately involved. The consultation and involvement of stakeholders can help companies to identify risks more precisely and to set up a more effective due diligence strategy. This Directive therefore requires the consultation and involvement of stakeholders in all stages of the due diligence process. Furthermore, their involvement and consultation may help to push back against pressure from financial markets and short-term investors and give voice to those with a strong interest in the long-term sustainability of the company. Stakeholder participation may help improve the long- term performance and profitability of companies, as their increased sustainability would have positive aggregate economic effects.
Amendment 331 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
Amendment 336 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 28
Annex I – part 1 – paragraph 9 – point 28
Amendment 345 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30
Annex I – part 1 – paragraph 9 – point 30
30. This Directive requires undertakings to make all necessary efforts to identify all their suppliers. In order to be fully effective, due diligence should not be limited to the first tier downstream and upstream in the supply chain but should encompass all suppliers and sub- contractors, particularly those that, during the due diligence process, might have been identified by the undertaking as posing major risks. This Directive, however, recognises in the first tier of the supply chain outside the EU. This Directive, however, does not lose sight of the fact that not all undertakings have the same resources or capabilities to identify all their suppliers and therefore makesubjects thatis obligation subject to the principles of reasonableness and proportionality, taking into account the severity and repeated nature of the infringements, which in no case should be interpreted by undertakings as a pretext not to comply with their obligation to make all necessary efforts in that regard.;
Amendment 353 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 31
Annex I – part 1 – paragraph 9 – point 31
31. For due diligence to be embedded in the culture and structure of a company, it is necessary that the members of the administrative, management and supervisory bodies of the company be responsible for the adoption and implementation of the due diligence strategy. The board of directors should have the appropriate knowledge, training and experience in due diligence matters. The Directive requires that large companies have an advisory committee from whose expertise on due diligence matters the undertaking should benefit. This Directive also requires that remuneration policies be brought in line with the objectives of this Directive.
Amendment 359 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 32
Annex I – part 1 – paragraph 9 – point 32
32. Coordination of undertakings’ due diligence efforts at sectoral level could enhance the consistency and effectiveness of their due diligence strategies. To this end, this Directive provides that Member States could encourage the adoption of due diligence action plans at sectoral level. To avoid sStakeholders’ views being ignored, the Directive requires that stakeholders are encouraged to participate in the definition of these plans.
Amendment 362 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 33
Annex I – part 1 – paragraph 9 – point 33
33. In order to be effective, a due diligence framework shouldcan include grievance mechanisms at company or sector level and in order to ensure that such mechanisms are effectivefor the effectiveness of which the participation of stakeholders should be ensurcouraged. . Thoese mechanisms shcould allow stakeholders to raise concerns and should function as early-warning risk-awareness systems. Grievance mechanisms should be entitled to make suggestions as to how risks should be addressed by the undertaking. They should also be entitled to propose an appropriate remedy when it is brought to their attention that the undertaking has caused or contributed to harm.
Amendment 384 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 39
Annex I – part 1 – paragraph 9 – point 39
Amendment 400 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – introductory part
Article 1 – point 1 – introductory part
1. This Directive is aimed at ensuring that by adhering to reasonable due diligence policies and procedures, undertakings operating in the internal market fulfil their duty to respect human rights, and the environment and good governance and do not cause or contribute to risks to human rights, and the environment and good governance in their activities and those of their direct contractual business relationships.
Amendment 408 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – paragraph 1
Article 1 – point 1 – paragraph 1
To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediatemitigate and monitor the human rights, and environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, and the environment and good governance, thoese due diligence requirements are aimedim at improving the functioning of the internal market.
Amendment 454 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- '“due diligence'” means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and remediating the risks posed to human rights, including social and labour rights, the environment, including through climate change, and to governance, bothfirst, an obligation of means and second, a business process imposed on such undertaking to take reasonable precautions to identify, mitigate and monitor the risks posed to human rights and the environment by its own operations and by those of its direct business relationships.
Amendment 464 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance risks posed by an undertaking or its business relationships, as well as organisations whose statutory purpose is the defence of human rights, including social and labour rights, the environment and good governance, and includes but is not limited to workers and their representatives, local communities, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholder have a direct interest to take legal action in relation to human rights and environmental risks posed by an undertaking or its direct contractual business relationships.
Amendment 477 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 4
Article 3 – paragraph 1 – indent 4
- ‘supplier’ means all business relationshipundertakings that provide a product or service directly to an undertaking, either directly or indirectly in the context of a business relationship.
Amendment 479 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 6
Article 3 – paragraph 1 – indent 6
- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.first tier of the supply chain outside the EU’ means an upstream network characterized by direct contractual business relationships between a company and its suppliers located outside the EU to produce and distribute a specific product to the final buyer
Amendment 502 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
- ‘environmental risk’ means any potential or actual adverse impact as regards climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions, in breach of the applicable legal obligations provided for in the Union acts listed in Annex II. The Commission is empowered to adopt delegated acts in accordance with Article 18(a), to amend this exhaustive list.
Amendment 516 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 1
Article 4 – point 1
1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights, and environmental and governance risks in their operations and direct contractual business relationships.
Amendment 523 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 2
Article 4 – point 2
2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and direct business relationships cause or contribute to any human rights, or environmental or governance risks.
Amendment 537 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 4 – point ii
Article 4 – point 4 – point ii
Amendment 552 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 5
Article 4 – point 5
5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in their entire value chain first tier of the supply chain outside the EU.
Amendment 555 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 6
Article 4 – point 6
Amendment 567 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 9
Article 4 – point 9
9. Undertakings shall ensure by means of contractual clauses and the adoption of codes of conduct that their business relationships in the first tier of the supply chain outside the EU put in place and carry out human rights, and environmental and governance policies that are in line with their due diligence strategy.
Amendment 577 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 2
Article 5 – point 2
Amendment 587 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 6
Article 5 – point 6
Amendment 590 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 1
Article 6 – point 1
Amendment 614 #
2020/2129(INL)
Motion for a resolution
Article 7 – paragraph 1
Article 7 – paragraph 1
This Directive is without prejudice to the obligations imposed on certain undertakings by Directive 2013/34/EU to include in their management report a non-financial statement including a description of the policies pursued by the undertaking in relation to, as a minimum, environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, and the due diligence processes implemented.
Amendment 618 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 1
Article 8 – point 1
1. Undertakings shall revaluateiew the effectiveness and appropriateness of their due diligence strategy at least once a year, and review it accordingly when necessary.
Amendment 620 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 2
Article 8 – point 2
Amendment 627 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 3
Article 8 – point 3
Amendment 645 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 4
Article 9 – point 4
Amendment 653 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 6
Article 9 – point 6
6. Grievance mechanisms shall be encouraged to be developed in partnership with stakeholders, in particular workers representatives, and be managed in cooperation with them. Workers representatives shall be given the necessary resources to carry out their responsibilities in this area, including in order to establish connections with trade unions and workers in the undertakings with which the main undertaking has business relationships.
Amendment 660 #
2020/2129(INL)
Motion for a resolution
Article 10
Article 10
Amendment 674 #
2020/2129(INL)
Motion for a resolution
Article 11 – point 2
Article 11 – point 2
Amendment 678 #
2020/2129(INL)
Motion for a resolution
Article 12
Article 12
Amendment 697 #
2020/2129(INL)
Motion for a resolution
Article 13 – point 5
Article 13 – point 5
Amendment 775 #
2020/2129(INL)
Motion for a resolution
Article 18 a (new)
Article 18 a (new)
Article 18 a Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of 5 years from (date of entry into force of this Regulation). 3. The delegation of power referred to in Article 3 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or a later date specified therein. It shall not affect the validity of any delegated act already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law Making.5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or, if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 24 #
2020/2072(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts and lawyers be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence; emphasises that all citizens have the right to be advised, defended and represented by an independent lawyer according to Article 47 of the Charter of Fundamental Rights;
Amendment 178 #
2020/2042(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
- die Bestätigung dessen, dass die Migration als Teil der Reaktionen auf die Auswirkungen des Klimawandels immer notwendiger wierden könnte, und die Bemühung um die weit verbreitete, verbindliche Anerkennung dieses Umstands sowie das Vorschlagen internationaler Vereinbarungen für die Steuerung der Klimamigration,
Amendment 9 #
2019/2174(INI)
Motion for a resolution
Citation 8
Citation 8
– having regard to the Commission communication of 6 October 2020 entitled ‘2020 Communication on EU Enlargement Policy’ (COM(2020)0660), accompanied by the Commission Staff Working Document entitled ‘North Macedonia 201920 Report’ (SWD(2020)0351),
Amendment 49 #
2019/2174(INI)
Motion for a resolution
Recital Di (new)
Recital Di (new)
Di. whereas following the entry into force of the historic Prespa agreement between Greece and North Macedonia and the Friendship Treaty between North Macedonia and Bulgaria, in March 2020, when the country became the 30th NATO member state, the EU also decided to open the membership negotiations;
Amendment 85 #
2019/2174(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the completion of measures to ensure judicial and prosecutorial professionalism, independence, integrity and accountability, including through an efficient implementation of codes of ethics and of the landmark law on the Public Prosecutor’s Office, ensuring sustainable solutions for cases related to the Special Prosecutor’s Office, and accountability for crimes stemming from the large-scale illegal wiretapping case; notes that effective implementation is key for the functioning of any reforms; calls on all judicial institutions to contribute, through additional efforts, to restoring public trust in the judiciary;
Amendment 88 #
2019/2174(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the conclusion of institutional reforms and the restructuring of the security and intelligence sectors; notes furthermore, that the capacity for parliamentary oversight over the intelligence services needs to be strengthened; welcomes the establishment of the National Security Agency as an independent state body without police powers, in line with the recommendations of the Senior Experts' Group on systemic rule of law issues; take notes that the Operational Technical Agency is also fully functional;
Amendment 89 #
2019/2174(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CNotes that corruption is prevalent in many areas and a more proactive approach from all actors engaged in preventing and fighting corruption needs to be ensured; calls for continued efforts to tackle organised crime and corruption through effective dissuasion and law enforcement, prevention, detection, financial investigation and sanctions for money laundering, financial crimes and terrorism finance, along with operations aimed at dismantling criminal networks; Coordination - including with Europol - remains crucial for all stakeholders involved infighting organised crime. The work of genuinely independent investigators is necessary to effectively address police impunity;
Amendment 103 #
2019/2174(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the positive engagement of the country’s main political forces, enabling adoption of key legislation and a smooth electoral process; while OSCE/ODIHR assessed that the elections were generally well run, legal stability was nonetheless undermined by substantial revisions of the legal framework and subsequent government decrees. Further efforts need to be carried out in order to ensure the continuous accuracy of voter’s lists;
Amendment 107 #
2019/2174(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Commends the fact that opposition parties remained engaged in the Sobranie, the Assembly of the Republic of North Macedonia, and supported key decisions in the common national interest; notes that good governance and a functional legislative body necessitates for stronger dialogue between all political parties; dialogue means debate on the basis of policies offered at hand, thus, we call on all parties in Parliament to be open to political dialogue, on the basis of good- will, especially on key health, economic, social and political efforts aimed at tackling the COVID-19 crisis;
Amendment 117 #
2019/2174(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes that the in the area of public administration, the public consultation process improved, with an increasing number of comments to draft regulations and greater involvement of civil society in policy-making. The State Commission for Prevention of C continued to address cases of nepotism, cronyism and political influence in the process of recruitment of public sector employees. Merit-based recruitment needs to be systematically applied throughout the government sector and for publicly- owned enterprises. A proper follow up to the reports and recommendations of the State Commission needs to be ensured. The new government should ensure that the public administration reform remains a priority, demonstrate full respect for the public administration reform principles and follow on the reform efforts of the previous government;
Amendment 124 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that the inter-ethnic situation remains calm overall; welcomes that an agency and inspectorate overseeing the overall implementation of the law on the use of languages was created;
Amendment 129 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 131 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Welcomes that the freedom of religion, thought and conscience continued to be guaranteed, and generally, discrimination on the grounds of religion prohibited; notes with concern, that radical Islam is still prevalent across the Western Balkans region;
Amendment 137 #
2019/2174(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
Amendment 143 #
2019/2174(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the renewed adoption of anti-discrimination legislation voted by all political parties, and urges the authorities to follow up with an inclusive and transparent process establishing an independent Anti- Discrimination Commission, ensuring protection and inclusion of all marginalised groups; encourages the Sobranie to adopt legislation which will enable a simplified, transparent and accessible procedure for legal gender recognition, and prevent discrimination based on sexual orientation or gender identity;
Amendment 155 #
2019/2174(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Sobranie to adopt a law on prevention and protection against violence against women and children, establishing an effective mechanism for evidence gathering and the prosecution of perpetrators, coupled with prevention measures, and the protection and support of victims of gender-based and domestic violence, which has been exacerbated by the COVID-19 pandemic;
Amendment 160 #
2019/2174(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on lawmakers in Northern Macedonia to take steps to ensure an adequate representation of women in all decision-making positions, and to further address the gender imbalance and gender pay gap in the labour force;
Amendment 166 #
2019/2174(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the country’s efforts in improving cooperation on managing migration and addressing the needs of refugees, asylum seekers and migrants; recalls the need to establish a viable mechanism for managing irregular migratory flows including the signature of the Status Agreement with the European Border and Coast Guard Agency, ensuring international protection and combating people smuggling networks;
Amendment 187 #
2019/2174(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on all actors in the political and media surroundings to remain open to all media outlets and political entities, thus ensuring fair representation of all relevant political viewpoints with the aim of helping citizens make a fair and democratic choice;
Amendment 189 #
2019/2174(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges the adoption of measures to safeguard the financial and operational independence of the public service broadcaster and the Agency for Audio and Audiovisual Media Services; expresses concern over the possibility of political parties to use state funding for political advertising in the media, as it potentially creates an uneven competition, and has an influence on media independence;
Amendment 202 #
2019/2174(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Recognizes the economic growth that took place as of 2019 as investment picked up, but, notes that since April 2020, the COVID-19 crisis has left its mark on the economy and on public finances. Expresses support for range of measures supporting the authorities have taken in order to mitigate the economic and social impact of the crisis, and in this context welcomes the EUR 4 million of immediate support for the health sector, and EUR 62 million in support of the social and economic recovery that the European Union provided North Macedonia at the onset of the pandemic, complemented by a macro-financial assistance package of EUR 160 million in loans;
Amendment 204 #
2019/2174(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the Government to prioritise measures aimed at mitigating economic contraction, boosting diversification, competition and digitalisation and tackling of the informal economy and structural needs, such as shortcomings in education and training, as well as the outflow of skilled workers, infrastructure investment gaps which impair labour productivity and competitiveness of the economy, boosting diversification, competition and digitalisation and tackling of the informal economy and recalls the importance of supporting small-and medium enterprises (SMEs) who are especially vulnerable to economic trends;
Amendment 232 #
2019/2174(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Welcomes the progress which was made in the area of improvement of water quality, yet stresses the importance of securing adequate funds for the construction of a wastewater treatment plant in Skopje; encourages authorities to elaborate a regional integrated waste management system with sufficient administrative and financial resources;
Amendment 241 #
2019/2174(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Commends North Macedonia and Bulgaria on the successful Joint Chairmanship of the Berlin Process for the Western Balkans and the important achievements, such as the creation of the Common Regional Market as a stepping stone towards the EU’s Single Market, as well as embracing the European Commission’s Economic and Investment Plan and Digital and Green Agendas to spur the economic development of the Western Balkans and speed up its convergence with the EU;
Amendment 251 #
2019/2174(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Regrets that the EU Council was not able to adopt the Negotiating Framework, and that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and language, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to holding of the first intergovernmental conference, kick-starting the accession talks without a further delay;
Amendment 266 #
2019/2174(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Welcomes North Macedonia’s full membership into NATO in March 2020, and welcomes the country’s contributions in EU crises management operations and the NATO-led mission to Afghanistan, as well as KFOR through the Host Nation Coordination Centre as well as its formal cooperation with the European Defence Agency;
Amendment 272 #
2019/2174(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Invites North Macedonia to continue contributing to the EU crisis management operations and increasing its alignment with the Common Foreign and Security Policy; , in particular regarding the restrictive measures against Russia;