Activities of Heidi HAUTALA related to 2016/0359(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 99 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) It is widely recognised that any restructuring operation, in particular one of a major size and which generates a significant impact, should be accompanied by an explanation and justification to the stakeholders, covering the choice of the measures envisaged in relation to the objectives and to alternative options and respecting the full and appropriate involvement of workers' representatives at all levels, prepared in good time to enable stakeholders to prepare for consultations, before the company takes a decision1a. _________________ 1a Text adopted P7_TA(2013)0005. Information and consultation of workers, anticipation and management of restructuring
Amendment 103 #
Proposal for a directive
Recital 13
Recital 13
(13) In particular small and medium sized enterprises should benefit from a more coherent approach at Union level, since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the more efficient restructuring procedures in some Member States. Small and medium enterprises, especially when facing financial difficulties, as well as workers representatives, often do not have the resources to hire professional advice, therefore early warning tools should be put in place to alert debtors to the urgency to act. In order to help such enterprises restructure at low cost, model restructuring plans should also be developed nationally and made available online. Debtors should be able to use and adapt them to their own needs and to the specificities of their business.
Amendment 113 #
Proposal for a directive
Recital 16
Recital 16
(16) The earlier the debtor and the workers concerned can detect itscompanies' financial difficulties and can take appropriate action, the higher the probability of avoiding an impending insolvency or, in case of a business whose viability is permanently impaired, the more orderly and efficient the winding-up process. Clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action and to empower the workers concerned to take an active role in the restructuring process. Possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor's management as well as reporting duties under loan agreements. In addition, third parties with relevant information such as accountants, tax and social security authorities could be incentivised or obliged under national law to flag a negative development.
Amendment 139 #
Proposal for a directive
Recital 35
Recital 35
(35) Where a restructuring plan entails a transfer of part of undertaking or business, workers' rights arising from a contract of employment or from an employment relationship, notably including the right to wages, should be safeguarded in accordance with Articles 3 and 4 of Directive 2001/23/EC, without prejudice to the specific rules applying in the event of insolvency proceedings under Article 5 of that Directive and in particular the possibilities allowed by Article 5(2) of that Directive. Furthermore, in addition and without prejudice to the rights to information and consultation, including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions, which are guaranteed by Directive 2002/14/EC, under this Directive workers who are affected by the restructuring plan should have the right to vote on the plan. For the purposes of voting on the restructuring plan, Member States may decide toshould place workers in a class separate from other classes of creditors.
Amendment 140 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) preventive restructuring procedures available for debtors in financial difficulty, including when there is a likelihood of insolvency;
Amendment 168 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'class formation' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests, taking into account possible pre-existing entitlements, liens or inter-creditor agreements, and their treatment under the restructuring plan, dividing creditors into different classes where at least the secured and unsecured claims are treated in distinct classes and where workers constitute a separate class;
Amendment 187 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that debtors and, entrepreneurs as well as workers and their representatives have access to early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur the need to act as a matter of urgency.
Amendment 189 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that debtors and, entrepreneurs as well as workers and their representatives have access to relevant up-to-date, clear, concise and user- friendly information about the availability of early warning tools and any means available to them to restructure at an early stage or to obtain a discharge of personal debt.
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall: (a) issue a list of warning indicators, linked to a set of actions to be performed by debtors and entrepreneurs in case these indicators are met; (b) centralise on its website the information laid down in paragraph 2 in a user-friendly manner.
Amendment 195 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 339 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Failure to comply with the above duties: (a) shall be taken into account in determining the period and conditions of discharge as enshrined in Article 22; (b) can lead to disqualification orders for directors, which, if issued in one Member State, shall prevent the same person from undertaking managerial duties in undertakings based in other Member States.
Amendment 350 #
Proposal for a directive
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) The directors have systematically failed to comply with their duties under Article 18 of this Directive.
Amendment 369 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the number of job losses, transfer of part or whole of the business, part redundancy, impact of restructuring agreements on employment, breaches of directors' obligations and the level of public finance.
Amendment 375 #
Proposal for a directive
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The Commission shall centralise on their website the information laid down in paragraphs 1 to 3 of this Article in a publicly accessible, free and user- friendly manner.
Amendment 380 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
No later than [53 years from the date of start of application of implementing measures] and every 75 years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application and impact of this Directive, including on whether. On the basis of this assessment, the Commission shall submit, if appropriate, a legislative proposal following the review of this Directive, considering additional measures to consolidate and strengthenharmonise the legal framework on restructuring, insolvency and second chance should be considered, in particular in areas such as: (a) the conditions for opening insolvency proceedings; (b) a common definition of insolvency; (c) the ranking of insolvency claims; and (d) avoidance actions.