89 Amendments of Harald ETTL
Amendment 109 #
2008/2330(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that social and employment policies should actively motivate people to look for job opportunities or start their own entrepreneurial activity whileprovide job opportunities and opportunities for education and also mitigatinge income loss and providing opportunities for education;
Amendment 124 #
2008/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. InsistsCalls for a review onf the removalefficiency of bureaucratic obstaclprocedures for small and medium enterprises regarding the recruitment of workers;
Amendment 129 #
2008/2330(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests to social partners that they could discuss new methodologies for wage policies which could include higher incorporation of companies' proceeds in employees' earnings through the use of schemes that mitigate the impact of inflation; considers that such schemes could allow for channelling employees' extra earnings to special capital funds created by companies; calls for a debate regarding incentives for companies to engage in those methodologies, and furthermore calls for a debate regarding a legal framework that regulates the access of employees to those funds in a gradual way over timeCalls on the Member States and the social partners, at times of temporary slumps in orders, to implement labour market policies, such as publicly subsidised lay-offs, so as to preserve jobs and human capital;
Amendment 2 #
2008/2246(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that employees can only influence decisions if they are informed and consulted in good time, so that, for 1 OJ L 80, 23.3.2002, p. 29. 2 OJ L 80, 23.3.2002, p. 29. example in connection with restructuring measures, mergers, the purchase and sale of undertakings and takeovers by investors, such as hedge funds and private equity funds, they must be informed and comprehensively consulted in good time before the corresponding decisions are taken; takes the view, therefore, that when Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community12 is revised a clear definition of the right of employees to be informed and consulted should be laid down;
Amendment 4 #
2008/2246(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the right to be informed and consulted is a fundamental right enjoyed by all employees and takes the view that, in the light of the experience gained in connection with the current financial market crisis, that right must also be adapted to take account of the real situation and guaranteed in the context of takeovers by hedge funds and private equity firms; calls, therefore, on the Commission to submit a corresponding proposal to amend Directive 2002/14/EC;
Amendment 5 #
2008/2246(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that information which could be acutely economically damaging to an undertaking should be kept absolutely confidential until it can be established whether the information in question is accuratea final decision is taken on substantial economic issues concerning the undertaking (e.g. in the form of a letter of intent);
Amendment 7 #
2008/2246(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that some Community legal acts contain restrictions on the scope of employee participation rights, e.g. in the calculation of thresholds; points out that when calculating thresholds some Member States employ a complex definition of what constitutes an employee; takes the view that the number of registered employees - irrespective of their age and the nature of their employment contracts - must always be taken as the basis for such calculations; calls on the Commission to reconsider such existing restrictions;
Amendment 5 #
2008/2196(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the transfer of a company seat must be preceded by the issuing of a transfer plan and of a report setting outexplaining and giving reasons for the legal and economic aspects and the consequences of the transfer for shareholders and employees, and that this information; points out that both the transfer plan and the report must be made available in good time to all those involved;
Amendment 6 #
2008/2196(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Draws attention to the special responsibility of the social partners at European level for the proper treatment of employees’ existing participation rights in the internal market and accordingly proposes to notify the relevant employees’ and employers’ associations of the start of negotiations on co-determination;
Amendment 7 #
2008/2196(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that the Member State of origin should grant certain groups of people, particularly minority shareholders and creditors, special protective measures;
Amendment 1 #
2008/2085(INI)
Motion for a resolution
Title
Title
on Challenges to collective agreements and industrial relations in the EU
Amendment 4 #
2008/2085(INI)
Motion for a resolution
Recital A
Recital A
A. Whereas the ECJ recognizes the right to take collective action as a fundamental right that is an integral part of the general principles of Community law; this right will also become primary law with the ratification of the Lisbon Treaty and will thus become as legally binding as the fundamental freedoms,
Amendment 11 #
2008/2085(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,
Amendment 22 #
2008/2085(INI)
Motion for a resolution
Recital F
Recital F
F. Whereas Aarticle 3(8).8 of the PWD gives the possibility to implement the directive either through legislation, generally applicable collective arrangements or through other collective agreements which are considered the most representative; the ECJ also affirms that other methods, e.g. the autonomous collective bargaining model, may be used, or through collective agreements that have been declared universally applicable, or that are generally applicable to all similar undertakings in the industry concerned or that have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout the national territory; the ECJ also affirms that since the purpose of Directive 96/71 is not to harmonize systems for establishing terms and conditions of employment in the Member States, they are free to choose a system at the national level which is not expressly mentioned among those provided for in the PWD; however, the ECJ at the same time has limited this freedom by adding the condition that this is only so ‘provided that it does not hinder the provision of services between Member States’, thereby questioning the subsidiarity principle,
Amendment 34 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. Whereas the ECJ in the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect forsocial partners to adopt measures to improve conditions of work and employment; in fact, having regard to the social objectives of the EU, the ECJ rejected the application of competition rules on collective bargainingagreements,
Amendment 39 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,
Amendment 55 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
Amendment 63 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,
Amendment 74 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is aone of the cornerstones of the European project; however, this has to be balanced against fundamental rights and the possibilitysocial objectives anchored in the Treaties and the right for governments and trade unions to ensure non-discrimination and equal treatment, and the improvement of living and working conditions;
Amendment 93 #
2008/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;
Amendment 108 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3(7).7 of the PWD clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workersmay have been drafted especially to ensure that the applicability of the mandatory rules of the host country as enumerated in Article 3.1 of the Posting Directive would not prevent the application of terms and conditions of employment which are more favourable to the worker pursuant to the law or collective agreements in the Member State of origin, the right of trade unions in the host country to demand terms and conditions of employment which are more favourable to workers can never be restricted as this is part of the fundamental right of freedom of association and collective bargaining;
Amendment 115 #
2008/2085(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that recital 22 in the PWD states that provisions laid down in the PWD should have no effect on the right to take industrial action; this is confirmed in primary law by Article 137(5) of the EC Treaty, which prevents the Community from intervening in matters concerned with the right to strike;
Amendment 161 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 164 #
2008/2085(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;
Amendment 180 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;
Amendment 187 #
2008/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that theas a direct consequence of the ECJ’s interpretation of the PWD in the Rüffert judgment, the scope for the introduction and implementation of social considerations referred to in Articles 26 and 27 inof Directive 2004/18, do (Public Procurement Directive), has been limited and according to the ECJ cannot include anymore terms and conditions of employment which go beyond the mandatory rules for minimum protection as interpreted by the ECJ; draws attention to the fact that this may create problems of legal consistency and legal complications for the 10 EU Member States that have ratified ILO Convention 94;
Amendment 198 #
2008/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the opinion that the limited legal basis of free movementprovision of services of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the EC Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers, in particular a reference to the powers laid down in Article 137 (1) (b) and (g) ECT as the main legal basis for enacting provisions on minimum conditions of employment; this underlines the principle of more favourable conditions under Article 3(7) of the PWD and does not rule out Member States establishing higher levels;
Amendment 231 #
2008/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all the Member States to implement and enforce the PWD properly;
Amendment 242 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators;Expresses concerns that the ECJ rulings in the Viking, Laval and Rüffert cases have exposed loopholes, inconsistencies and weaknesses in European law and especially the PWD; therefore calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJwhich would clarify the intentions of the legislators and lead to better regulation;
Amendment 247 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 273 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1
Paragraph 23 – indent 1
- a new or additional legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not, which would make reference to the free movement of workers provisions of the Treaty; it should be clarified that the free movement of services provisions were clearly intended to cover companies and self employed craftspersons and professionals providing services, whereas the moving around of workers would be covered by the free movement of serviceworkers provisions;
Amendment 274 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1 a (new)
Paragraph 23 – indent 1 a (new)
Amendment 275 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 2
Paragraph 23 – indent 2
- a possibility in the Directive for Member States to refer in law or collective agrepublic procurements law to the 'habitual or prevailing wages' applicable on the basis of regulations or collective agreements in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of payILO Convention 94;
Amendment 277 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5
Paragraph 23 – indent 5
- the recognition of a wider range of methods of organizing labour marketssetting terms and conditions of employment than those currently covered by Article 3(8) including in particular public procurement law;
Amendment 278 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 a (new)
Paragraph 23 – indent 5 a (new)
- the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;
Amendment 296 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Would welcome a move to summarize Urges the Commission, the Council and the European Parliament to ensure that also in primary law there is no ambiguity as to the fact that fundamental social rights are not hierarchically subordinate to the economic freedoms, as already recognized in secondary law, i.e. the social clauses that exist in the Monti directiveregulation and in the Services directive in a social clause, either, for instance through a protocol attached to the Treaty or in an inter- institutional agreementies at the next revision;
Amendment 304 #
2008/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;
Amendment 10 #
2008/2004(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that within financial services, the EU has one of the most open markets in the world, but underlines that the European Union has to pursue more offensive trade in services negotiations and endorse the principles of openness, development and reciprocitythe European Union has to take a different approach to trade in services negotiations and endorse the principles of openness, development and reciprocity, but above all without jeopardising the ability of developing and emerging countries to develop their services sectors in line with their national policy objectives;
Amendment 18 #
2008/2004(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on Member States to work towards a more integrated and coherent trade policy with the Commission, in particular in the area of investments; points outconsiders it reasonable for thate Member States should not overstate the risks of foreign investment, but aim for effective openness of their economies, also in the context of sovereign wealth fundto assess the overall economic advantages and risks to their economies of foreign sovereign wealth funds investments and in particular their effects on security of supply in particular cases;
Amendment 25 #
2008/2004(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission, in the context of both the multilateral WTO General Agreement on Trade in Services (GATS), and bilateral negotiations, not to enter into new market access commitments in sensitive areas of public general interest services; points out that in particular the EU and the Member States must continue to maintain their unlimited right to regulate general interest services in the public interest;
Amendment 60 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 128 – paragraph 2 – point c
Chapter 3 – Article 128 – paragraph 2 – point c
Amendment 64 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 130 – paragraph 1
Chapter 3 – Article 130 – paragraph 1
1. Before being engaged, a parliamentary assistant shall provide evidence of physical fitness toundertake a medical test at the European Parliament’'s medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128 (2)(d). A negative outcome of the medical test shall not automatically result in that person not being engaged by the European Parliament as a parliamentary assistant.
Amendment 70 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 131 – paragraph 1
Chapter 3 – Article 131 – paragraph 1
1. The contracts of parliamentary assistants shall be concluded for a fixed periodn unlimited period, expiring with the end of the mandate of the Member or Members concerned. On an exceptional basis contracts can be concluded for a fixed period of no less than 12 months. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.
Amendment 76 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 4 – Article 132 – paragraph 2
Chapter 4 – Article 132 – paragraph 2
2. Assistants may not be required to work overtime except in the event of an emergency or in exceptional workloadcircumstances.
Amendment 80 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 4 – Article 132 – paragraph 3
Chapter 4 – Article 132 – paragraph 3
3. However, oOvertime worked by parliamentary assistants classified as grade 4 or lower on the salary scale shall carry nothe right to compensation or remuneration.
Amendment 84 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 5 – Article 133
Chapter 5 – Article 133
Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. Expenses for missions undertaken on request of the Member carry the right to reimbursement. The arrangements for reimbursement of mission expenses shall be laid down in the provisions referred in Article 125 (2).
Amendment 89 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 5 – Article 134 – table
Chapter 5 – Article 134 – table
Grade 1 deleted 2 deleted 3 4 5 6 7 Full-time basic salary 1 193,00 1 389,85deleted deleted 1 619,17 1 886,33 2 197,58 2 560,18 2 982,61 Grade 8 9 10 11 12 13 14 Full-time basic salary 3 474,74 4 048,07 4 716,00 5 494,14 6 400,67 7 456,78 8 687,15
Amendment 98 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 6 – Article 137 – paragraph 4 a (new)
Chapter 6 – Article 137 – paragraph 4 a (new)
4a. When transferring acquired pension rights into the national system upon termination of a contract, it must be ensured that pension payments made into the EU system are appropriated to a pension scheme which protects them from third-party interference and from being treated like regular savings.
Amendment 41 #
2008/0195(COD)
Proposal for a directive - amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
(e) point (i) is replaced by the following: "(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during night time."
Amendment 110 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 21 – point b – point ii
Article 1 – point 21 – point b – point ii
Directive 2006/48/EC
Article 113 – paragraph 3 – subparagraph 1– point f
Article 113 – paragraph 3 – subparagraph 1– point f
(f) exposures to counterparties referred to in paragraph 7 or paragraph 8 ofArticle 80(7) and (8), but excluding Article 80(7)(d), if they would be assigned a 0% risk weight under Articles 78 to 83; exposures that do not meet these criteria, whether exempted from Article 111(1) or not, shall be treated as exposures to a third party.
Amendment 163 #
2008/0153(COD)
Proposal for a directive
Article 15 - paragraph 2 a (new)
Article 15 - paragraph 2 a (new)
2a. If the management company of a common fund is not established in the UCITS home Member State, it should appoint a depositary or a financial institution subject to prudential supervision established in that State, including through a branch, to act as a local point of contact for investors and the competent authority of the UCITS home Member State .
Amendment 164 #
2008/0153(COD)
Proposal for a directive
Article 15 - paragraph 2 b (new)
Article 15 - paragraph 2 b (new)
2b. The local point of contact should perform the following functions: (a) provide a contact point for unit- holders, including receipt of complaints; (b) provide a legal address for receipt of all documents addressed to the UCITS and the management company by investors and by the competent authority of UCITS home Member State; (c) provide facilities to the unit-holders in relation to the exercise of their rights, including facilities in relation to payments to unit-holders and to the reception and transmission of orders for subscriptions, issuance and redemption of units; (d) make information available at the request of the public or the competent authority of the UCITS home Member State.
Amendment 165 #
2008/0153(COD)
Proposal for a directive
Article 15 - paragraph 2 c (new)
Article 15 - paragraph 2 c (new)
2c. The appointment of the local point of contact in no case shall not affect the management company’s and the depositary’s liability.
Amendment 358 #
2008/0153(COD)
Proposal for a directive
Article 103 – paragraph 5 a (new)
Article 103 – paragraph 5 a (new)
5a. The Commission may adopt implementing measures specifying the modalities for the service of documents by the UCITS home Member State authority in the home Member State of the management company. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 107(2).
Amendment 27 #
2008/0142(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The existing disparities between health-policy objectives and objectives of the internal market in services makes it necessary, where a conflict arises, always to assign priority to health-policy objectives for compelling reasons relating to the public interest (i.e. public health, social-policy objectives, preservation of the financial balance of the social security system, etc.).
Amendment 100 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The competent institution of the Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social securityhealth system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided.
Amendment 101 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed by the competent institution of the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received.
Amendment 109 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall have a mechanism for calculation of costs that are to be reimbursed to the insured person by thehis statutory social securityhealth system for healthcare provided in another Member State. This mechanism shall be based on objective, non-discriminatory criteria known in advance and the costs reimbursed according to this mechanism shall be not less than what would have been assumed had the same or similar healthcare been provided in the territory of the Member State of affiliation.
Amendment 159 #
2008/0142(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Rejection of hospital treatments and special treatments Member States of treatment may permit individual health service providers to refuse hospital treatment and special treatment for patients who go to another Member State to seek treatment if this would be detrimental to other patients with similar health needs, for example because it increased waiting time for treatment.
Amendment 185 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The national contact point in the Member State of treatment shall register all activities in the Member State of treatment pursuant to Articles 6, 7, 8, 9 and 15 and notify the competent authorities of the Member State of treatment and the national contact point of the Member State of affiliation thereof. Health service providers shall supply the necessary information to the national contact point of their Member State as soon as they receive it.
Amendment 196 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The Member State of affiliation shall be obliged to reimburse the costs of a medical prescription from another Member State only if these costs would also be borne in the Member State of affiliation (e.g. in accordance with a reimbursement code or a positive list).
Amendment 19 #
2008/0130(CNS)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Where an SPE having more than 25 employees undertakes cross-border activities or transfers its registered office to another Member State it should conduct negotiations with its employees concerning their participation, in accordance with the rules laid down in the SPE's statute, and a special negotiating body should be set up, in line with Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees* for the purpose of reaching an agreement in line with Article 5 of Directive 2001/86/EC. ___________________ * OJ L 294, 10.11.2001, p. 22.
Amendment 23 #
2008/0130(CNS)
Proposal for a regulation
Recital 15
Recital 15
(15) Employees’ rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). The SPE should not be used for the purpose of circumventing such rights. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
Amendment 30 #
2008/0130(CNS)
Proposal for a regulation
Article 7
Article 7
An SPE shall have its registered office and its central administration or principal place of business in the Community. An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
Amendment 40 #
2008/0130(CNS)
Proposal for a regulation
Article 34 - paragraph 1
Article 34 - paragraph 1
1. The SPE shall be subject to the rules on employee participation, if any, applicable in the Member State in which it has its registered office, subject to the provisions of this ArticleIn the case of SPEs which employ fewer than 50 employees: (a) the SPE shall be subject to the rules on employee involvement of the Member State where the SPE's registered office is situated which apply to other similar entities, except that (b) its subsidiaries and branches shall be subject to the rules on employee involvement of the Member State where they are situated which apply to other similar entities.
Amendment 42 #
2008/0130(CNS)
Proposal for a regulation
Article 34 - paragraph 1 a (new)
Article 34 - paragraph 1 a (new)
1a. Where at least a third of the total number of employees of an SPE and its subsidiaries and branches in at least two different Member States so request, or where the total number of employees is 50 or more, Articles 3 to 7 and 11 to 15 of and the Annex to Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees* shall apply, mutatis mutandis. ________________ OJ L 207, 18.8.2003, p. 25.
Amendment 44 #
2008/0130(CNS)
Proposal for a regulation
Article 34 - paragraph 2 a (new)
Article 34 - paragraph 2 a (new)
Amendment 45 #
2008/0130(CNS)
Proposal for a regulation
Article 34 - paragraph 3
Article 34 - paragraph 3
3. In the case of a cross-border merger of an SPE with an SPE or other company registered in another Member State, the provisions of the laws of the Member States implementing Directive 2005/56/EC of the European Parliament and of the Council shall apply, with the exception that the average number of workers referred to in the introductory wording of Article 16(2) of Directive 2005/56/EC shall be taken to be 50.
Amendment 50 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 2
Article 38 - paragraph 2
2. Paragraph 1 shall not apply where the employees of the SPE in the home Member State account for at least one third of the total number of employees of the SPE including subsidiaries or branches of the SPE in any Member State, and where one of the following conditions is met: (a) the legislation of the host Member State does not provide for at least the same level of participation as that operated in the SPE in the home Member State prior to its registration in the host Member State. The level of employee participation shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory body or their committees or of the management group which covers the profit units of the SPE, subject to employee representation; (b) the legislation of the host Member State does not confer on the employees of establishments of the SPE that are situated in other Member States the same entitlement to exercise participation rights as such employees enjoyed before the transfer.
Amendment 51 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 3
Article 38 - paragraph 3
3. Where one of the conditions set out in points (a) or (b) of paragraph 2 is met, the management body of the SPE shall take the necessary steps, as soon as possible, after disclosure of the transfer proposal, to start negotiations with the representatives of the SPE’s employees with a view to reaching an agreement on arrangements for the participation of the employees. participation of workers in the SPE and their involvement in the definition of such rights shall be governed by the following rules: (a) a special negotiating body representing the employees of the participating companies and concerned subsidiaries or branches shall be created in accordance with the following provisions: (i) the members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the participating companies and subsidiaries or branches concerned, by allocating in respect of a Member State one seat per portion of employees employed in that Member State which equals 10%, or a fraction thereof, of the number of employees employed by the participating companies and subsidiaries or branches concerned in all the Member States taken together; (ii) Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territory. They shall take the necessary measures to ensure that, as far as possible, such members include at least one member representing each participating company which has employees in the Member State concerned. Such measures must not increase the overall number of members. Member States may provide that such members may include representatives of trade unions whether or not they are employees of a participating company or subsidiary or branch concerned. Without prejudice to national legislation and/or practice laying down thresholds for the establishment of a representative body, Member States shall provide that employees in undertakings or establishments in which there are no employees' representatives through no fault of their own have the right to elect or appoint members of the special negotiating body. (b) The special negotiating body and the competent organs of the participating companies shall determine, by written agreement, arrangements for the involvement of employees within the SPE. (c) Subject to subparagraph e), the special negotiating body shall take decisions by an absolute majority of its members, provided that such a majority also represents an absolute majority of the employees. Each member shall have one vote. However, should the result of the negotiations lead to a reduction of participation rights, the majority required for a decision to approve such an agreement shall be the votes of two-thirds of the members of the special negotiating body representing at least two-thirds of the employees, including the votes of members representing employees employed in at least two Member States. Reduction of participation rights means a proportion of members of the organs of the SPE within the meaning of Article 2(k) of Directive 2003/72/EC, which is lower than the highest proportion existing within the participating companies. (d) For the purpose of the negotiations, the special negotiating body may request experts of its choice, for example representatives of appropriate Community-level trade union organisations, to assist it with its work. Such experts may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body, where appropriate, to promote coherence and consistency at Community level. The special negotiating body may decide to inform the representatives of appropriate external organisations, including trade unions, of the start of the negotiations. (e) The special negotiating body may decide by the majority set out below not to open negotiations or to terminate negotiations already opened, and to rely on the rules on information and consultation of employees in force in the home Member State. The majority required to decide not to open or to terminate negotiations shall be the votes of two-thirds of the members representing at least two-thirds of the employees, including the votes of members representing employees employed in at least two Member States. The special negotiating body shall be reconvened at the written request of at least 10% of the employees of the SPE, its subsidiaries and branches, or their representatives, at the earliest two years after the abovementioned decision, unless the parties agree to negotiations being reopened sooner. If the special negotiating body decides to reopen negotiations with the management but no agreement is reached as a result of those negotiations, the participation arrangements in the home Member State shall prevail. (f) Any expenses relating to the functioning of the special negotiating body and to negotiations in general shall be borne by the participating companies so as to enable the special negotiating body to carry out its task in an appropriate manner.
Amendment 53 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 4
Article 38 - paragraph 4
4. The agreement between the management body of the SPE and the representatives of the employees shall specify: (a)the scope of the agreementcompetent organs of the participating companies and the special negotiating body shall negotiate in a spirit of cooperation with a view to reaching an agreement on arrangements for the involvement of the employees within the SPE. Without prejudice to the autonomy of the parties, the agreement between the management body of the SPE and the special negotiating body shall specify: (a) the scope of the agreement; (b) the composition, number of members and allocation of seats on the representative body which will be the discussion partner of the competent organ of the SPE in connection with arrangements for the information and consultation of the employees of the SPE and its subsidiaries and branches; (c) the functions and the procedure for informing and consulting the representative body; (d) the frequency of meetings of the representative body; (e) the financial and material resources to be allocated to the representative body; (bf) where, during the negotiations, the parties decide to establish arrangements for participation in the SPE following the transferone or more information and consultation procedures instead of a representative body, the arrangements for implementing those procedures; (g) where, during negotiations, the parties decide to establish arrangements for participation, the substance of those arrangements including, where (if applicable,) the number of members in the companySPE's administrative or supervisory body which the employees will be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may befor electeding, appointeding, recommendeding or opposed bying those members by the employees, and their rights; c(h) the date of entry into force of the agreement and its duration, and any cases in whichcases where the agreement should be renegotiated and the procedure for its renegotiation.
Amendment 54 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 5
Article 38 - paragraph 5
5. Negotiations shall be limited to a period of six months. The parties may agree to extend negotiations beyond this period for an additional six-month period. The negotiations shall otherwise be governed by the law of the home Member State.
Amendment 55 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 6
Article 38 - paragraph 6
Amendment 56 #
2008/0130(CNS)
Proposal for a regulation
Article 38 - paragraph 6 a (new)
Article 38 - paragraph 6 a (new)
6a. The members of the special negotiating body, the members of the representative body, any employees' representatives exercising functions under the information and consultation procedure and any employees' representatives in the supervisory or administrative body of an SPE who are employees of the SPE, its subsidiaries or branches or of a participating company shall, in the exercise of their functions, enjoy the same protection and guarantees provided for employees' representatives by the national legislation and/or practice in force in their country of employment. This shall apply in particular to attendance at meetings of the special negotiating body or representative body, any other meeting under the agreement referred to in Article 38(4)(f) or any meeting of the administrative or supervisory body, and to the payment of wages for members employed by a participating company or the SPE or its subsidiaries or branches during any period of absence necessary for the performance of their duties.
Amendment 57 #
2008/0130(CNS)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Misuse of procedures Member States shall take appropriate measures in accordance with Community law in order to prevent the misuse of an SPE for the purpose of depriving employees of rights of employee involvement or withholding such rights.
Amendment 58 #
2008/0130(CNS)
Proposal for a regulation
Article 38 b (new)
Article 38 b (new)
Article 38b Compliance 1. Every Member State shall ensure that the management of branches of an SPE and the supervisory or administrative bodies of subsidiaries and of participating companies which are situated within its territory and the employees' representatives or, as the case may be, the employees themselves fulfil the obligations laid down by this Directive, regardless of whether the SPE has its registered office within that territory. 2. Member States shall provide for appropriate sanctions to be applied in the event of failure to comply with this Directive. In particular, they shall ensure that administrative or legal procedures are available to enable the obligations deriving from this Directive to be enforced.
Amendment 59 #
2008/0130(CNS)
Proposal for a regulation
Article 38 c (new)
Article 38 c (new)
Article 38c Link between this Regulation and other provisions 1. Where an SPE is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings within the meaning of Directive 94/45/EC or of Directive 97/74/EC extending the application of that Directive to the United Kingdom, the provisions of these Directives and the provisions transposing them into national law shall not apply to them or to their subsidiaries. However, where the special negotiating body decides in accordance with Article 38(3) (e) not to open negotiations or to terminate negotiations already opened, Directive 94/45/EC or Directive 97/74/EC and the provisions transposing them into national law shall apply. 2. This Directive is without prejudice to: (a) any existing rights of involvement of employees provided for by national legislation and/or practice in the Member States and enjoyed by employees of the SPE and its subsidiaries and branches, other than participation in the bodies of the SPE; (b) the provisions on participation in the bodies laid down by national legislation and/or practice applicable to the subsidiaries of the SPE. 3. In order to preserve the rights referred to in paragraph 3, Member States may take the necessary measures to guarantee that the structures of employee representation in participating companies which will cease to exist as separate legal entities are maintained after the registration of the SPE.
Amendment 23 #
2007/2287(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that simplifying financial service provisions and dismantling barriers to customer mobility must not be allowed to result in a worsening of the level of consumer protection in the Member States;
Amendment 44 #
2007/2287(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that effective self- regulation of the financial services industry should be preferred to any over-specific legislative regulation; calls on the financial services industry to work steadfastly towards the aims of the above Green Paper by self- regulation and thus reduce the need for binding legal acts;
Amendment 63 #
2007/2287(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that real competition can arise only in equal competitive conditions; concludes that any legislation must follow the principle of ‘equal risk, equal regulation’; points out, however, that in the financial services sector product design is particularly influenced by the regulatory environment and a ‘one size fits all’ approach would adversely affect product diversity; emphasises that simple, standardised financial service products on a voluntary basis promote the comparability of financial service products and are thus likely to make an essential contribution to more competition;
Amendment 75 #
2007/2287(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the great importance of financial service brokers in providing financial services from other Member States to private clients and small businesses; calls on the Commission to create a framework that will strengthen this industrial sector; emphasises that rules should also be laid down in particular on the training of financial service brokers, advertising and sales consultancy;
Amendment 21 #
2007/2261(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to help maintain, in the interest of putting the financing of non-professional sport on a secure footing, the current system of public funding of non-professional sport by contributions from state-run lotteries and other nationally licensed organisations that operate games of chance for the public benefit;
Amendment 36 #
2007/2261(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to adopt regulatory measures which ensure that sport is protected from any improper influence associated with betting; believes that there is a particular need to reduce betting opportunities and address the risk of conflict between the economic interests of a betting company and sporting results; calls on Member States to prohibit the ownership or commercial involvement (e.g. sponsorship) of sports clubs by betting companies as well as links of betting companies with a particular sportsperson, unless the betting companies exclude that club or sportsperson from their sports betting offer;
Amendment 9 #
2007/2238(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CPoints out that, under many legal systems, private equity funds which own and control companies are not regarded as employers and are therefore exempt from employers’ legal obligations; calls on the Commission to present a proposal as to how the legal status of HFs & PE as employers can be determined;
Amendment 15 #
2007/2238(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to use best practice to ensure that employePoints out that, since the mid-1990s, there has been an increasing number of pension funds and insurance companies with holdings in HFs and PE; calls on the Commission, in reviewing Directive 2003/41/EC, to ensure that employees or staff representatives are informed about the way in which their pensions are invested and the associated risks, and that they can have a say therein;
Amendment 12 #
2007/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that competition policy is a powerful tool for completing the internal market but that aiming for more competition should not lead to weakened risk management in the banking sector and endanger the stability of a particularly crucial and strategic sector of the world economy; emphasises that consumer confidence is essential for the further development of financial services, and that promoting consumer information on financial services is necessary to strengthen the role of consumers as market participants;
Amendment 22 #
2007/2201(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges that the simplification of financial service regulations and the dismantling of barriers to customer mobility should not lead to lower standards of consumer protection in the Member States;
Amendment 51 #
2007/2201(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of reliable data for banks to grant credits, accessible on a fair and transparent basis; insists nevertheless on the necessity to protect consumers' personal data; requests the Commission to make proposals for the interoperability of data registers while respecting consumers' private lives and rights of access and rectification; calls for immediate and compulsory notification of borrowers regarding any cross-border credit data enquiries, to guarantee data protection as effectively as possible;