Activities of Jacek PROTASIEWICZ

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 1 – point m b (new)

(mb) stress that the Russian authorities have to put an end to omnipresent impunity in the country, politically motivated persecutions, arrests and detentions as well as other human rights violations and in this context to ensure conduction of a credible, fair, transparent and independent investigation process of pending juridical and other politically motivated cases opened over economic or other allegations and with the aim to get rid of political rivals;

2012/09/11
Committee: AFET

2011/0302(COD)

Proposal for a regulation
Recital 13

(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund ~~under the Connecting Europe Facility~~respecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.

2012/09/20
Committee: REGI

2011/0302(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent ~~in line with this Regulation in Member States eligible for funding from the Cohesion Fund~~for projects listed in the Annex to this Regulation, respecting the national allocations;

2012/09/20
Committee: REGI

2011/0302(COD)

Bogusław LIBERADZKI, Artur ZASADA, Piotr BORYS, Andrzej GRZYB, Filip KACZMAREK, Konrad SZYMAŃSKI, Bogusław SONIK, Jacek PROTASIEWICZ, Marek Józef GRÓBARCZYK, Tadeusz ZWIEFKA

Proposal for a regulation
Annex – Part I – point 1 – introductory part

Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Ljubljana – Koper/Trieste Szczecin/Świnoujście - Poznań/Zielona Góra - Wrocław - Ostrava

2012/10/17
Committee: TRAN ITRE

Motion for a resolution
Paragraph 22

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jarosław KALINOWSKI

22a. Is firmly opposed to any cut in funding for the second pillar of the CAP, as this would undo the achievements of previous CAP reforms and drastically reduce the policy's efficiency and effectiveness, particularly in the light of the new challenges referred to, inter alia, in the Europe 2020 strategy;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jarosław KALINOWSKI

Motion for a resolution
Paragraph 23 a (new)

23a. Believes that the programme of assistance to the most deprived persons in the Union should continue after 2013; points out that, in addition to providing tangible proof of the fact that the EU feels a responsibility towards its most deprived citizens, the programme has for more than 20 years been helping to ensure EU food security and agricultural market stability, promote a spirit of solidarity and build a civil society, and is thus helping to meet the Europe 2020 strategy goals; takes the view that the Union budget for this purpose should not be cut;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 26

26. Reiterates its position that the new responsibilities conferred on the EU by the Treaties will require appropriate additional funding compared to MFF 2007-2013, so as to allow the Union to fulfil its role as a global actor and ensure its ambitions in promoting democracy, peace, solidarity, stability and poverty reduction in neighbourhood and partner countries, whilst upholding the undertakings it has already given, notably the achievement of the Millennium Development Goals by 2015; underlines the complementary nature of EU assistance to that provided by the Member States, and its catalyst effect in terms of intervening in regions where bilateral assistance is not delivered; is particularly supportive of joint programming between Member States and EU actions;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 28

28. Is of the ~~firm~~ opinion that the financing of these large-scale projects should be ~~secur~~allowed in the EU budget but, at the same time, ring-fenced, so as to ensure that possible cost overruns do not threaten the funding and successful implementation of other Union policies;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Title 4

~~Better~~Effective spending

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 31

31. Believes that in the present context of public budgetary constraints, the leverage of other sources of funding is absolutely necessary in order to realise the long-term investments that are needed to achieve the goals of the EU 2020 strategy; strongly believes that Union added value is to be found notably in long-term investments that are beyond the reach of individual Member States and that the MFF provides the necessary stable and predictable framework for the investments; highlights, in this respect, the conclusions and recommendations of its resolution on innovative financial instruments in the context of the next Multiannual Financial Framework1; ____________ 1 P7_TA-PROV(2012)XXXX P7_TA-PROV(2012)XXXX

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 40

40. Takes the view that the next MFF, a 7- year period set until 2020, should be considered a transitional solution as it makes a clear link with the Europe 2020 strategy; believes, however, that a 5-year period would better align the MFF’s duration with that of the institutions’ terms of office, thereby enhancing democratic accountability and responsibilityprovides for sufficient stability by ensuring the continuity of investments for a longer period and also makes a clear link with the Europe 2020 strategy; believes, however, that this decision should not prejudge the length of the next financial perspectives after 2020;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 41

41. Stresses the need for a~~n obligatory~~ mid- term revision to be enshrined in the MFF regulation, with a specific procedure including a binding calendar ensuring the full involvement of the next Parliament; considers that the Commission should table a legislative proposal enabling the revised MFF to be adopted in time for the 2018 budgetary procedure; stresses that mid- term revision should not affect the pre- allocated funds, in order not to hamper stability of investment prospects and protect the beneficiaries and stability of long-term programming and investments;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 53

53. ~~Strongly requests~~Encourage the Member States to ~~make a firm commitment to~~reflect on the incorporation of the European Development Fund into the EU budget as of 2021;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 58

58. Reaffirms its basic position, as stated in its resolution of 13 June 2012, that it is not prepared to give its consent to the next MFF regulation without political agreement on reform of the own resources system, in line with the Commission’s proposals of 29 June 2011; believes that such a reform should aim at reducing the share of Member States’ GNI-based contributions to the EU budget ~~to 40 % by 2020~~, thereby contributing to the consolidation efforts of Member States;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 59 – point 3

3) those Member States willing to introduce a financial transaction tax must now proceed with a formal request to the Commission for a proposal on enhanced cooperation in this field; the Commission will then have to react immediately with the publication of such a proposal together with a set of revised proposals on the own resources package, in order to ensure that revenues from this tax are wholly or partly allocated to the EU Budget as an genuine own resource, thus reducing the national contributions of those Member States introducing this tax;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 59 – point 6

6) in the event that implementation of the new own resources does not result in a significant decrease in Member States’ GNI-based contributions to the EU budget, the Commission will come forward with additional proposals on new own resources.deleted

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 62

62. Expresses its readiness to enter into substantial discussions with the Council on both the MFF regulation and the IIA, and asks the Council to intensify contacts at all levels with a view to the 22-23 November European Council; stresses the need to reach the final agreement on MFF as soon as possible, as any delay would adversely affect the possibility of the effective use of EU budget expenditures in view of current challenges ahead of European economies, stemming from the financial crisis;

2012/10/05
Committee: BUDG

2011/0177(APP)

Jan KOZŁOWSKI, Jan OLBRYCHT, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI

Motion for a resolution
Paragraph 64 a (new)

64 a. Opposes any attempt to include policy related provisions under the ordinary legislative procedure into the MFF negotiations;

2012/10/05
Committee: BUDG

2011/0167(NLE)

Draft opinion
Paragraph 15 a (new)

15a. The Committee on Civil Liberties, Justice and Home Affairs therefore calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament declines to consent to the conclusion of ACTA.

2012/05/21
Committee: LIBE

2010/2300(INI)

Draft opinion
Paragraph 2

2. Shares the view that budget support can help in building mechanisms to fight corruption if the conditions for a transparent and fully accountable budgetary management are in place and performance indicators have been agreed;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 3

3. Is of the opinion that development strategies must be designed by recipient governments themselves, in consultation with a broad spectrum of civil society and in close cooperation with international donors, and must be agreed by national parliaments; further, that civil society and parliamentarians must be involved throughout every stage of implementation, monitoring and the evaluation of results, that this process must be transparent, allowing for a regular and effective dialogue with civil society and that this requirement must be a decisive eligibility criterion for budget support;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 4

4. Considers that ~~the Council and Parliament as co-legislators must be able to make full use of their right of scrutiny in relation to delegated acts, including their revocation~~, since the use of budget support is an important strategic decision in the Union's relation with its partner countries, Article 290 TFEU (delegated acts) must apply to the definition of the eligibility criteria for this aid modality, giving the Council and Parliament, as co- legislators, full co-decision powers over its adoption, including - if necessary - the right of revocation of the delegated act;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 5

5. Reiterates that budget support should be spent in pursuit of ~~the Millennium Development Goals and not for any politically strategic reason or in further~~poverty reduction, including the pursuit of the Millennium Development Goals; expresses its support for results-based incentives but emphasises that variances of the economic, security- policy or geostrategic interests of the donors; emphasises that it must be given within a long-term predictable time frame and must not be tied to harmful economic-policy conditions such as privatisation, cutdisbursement must be predictable as far as possible so as not to impact negatively on budgetary planning; reiterates that budget support should only be granted to countries meeting and upholding minimum standards of governance and respect for human rights; underlines that conditions lin ~~the public sector or trade liberalisation~~ked to macro-economic reforms must be compatible with human and social development;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 6

6. States that the effectiveness of development-policy measures in the partner countries must ~~be checked on the basis of local criteria~~fully take into consideration local conditions;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 8

8. Emphasises the crucial and compulsory role of policy coherence; states that budget support ~~may have as little positive effect as any other development-policy instrument so long as~~will only have a real and lasting positive effect if development-unfriendly ~~concepts are~~action is pursued in other EU policy areas; ~~therefore urges reviews of EU trade policy – in particular reformulation of the mandates for negotiation~~underlines in this context the need for EU trade policy to help creating a level playing field and to support trade capacities oin ~~economic partnership, association and other bi- regional agreements – as well as EU foreign and security policy, with a view to promoting~~developing countries considering that trade can be one of the most effective drivers of economic growth and development; further calls for the EU foreign and security policy to focus on the promotion of democracy and human rights, peace and security, all key preconditions for sustainable development;

2011/04/18
Committee: AFET

2010/2300(INI)

Draft opinion
Paragraph 9

9. Calls on the Member States to ~~fulfil~~comply with their commitment to gradually reach the agreed target of spending 0.7% of GDP on development cooperation;

2011/04/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Citation 11 a (new)

- having regard to Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009 inaugurating the Eastern Partnership,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Recital F

F. whereas the exploitation of irregular migration is also combined with arms smuggling and drug trafficking - with an alarming strengthening of linkages between drug traffickers in Latin America and in States in West and Central Africa - and coincides with escape routes and enhanced mobility for terrorist groups, which can easily relocate to other regions and countries to pursue their activities; whereas the exploitation of irregular migration is ~~a known~~one of the sources of funding for radical and terrorist groups,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Recital I

I. whereas the EU, in view of the current demographic trends, urgently needs to reflect on how much it wants to open up its borders to migratory flows from countries of origin and transit in order to offset their internal demographic and social tensions, thus helping them maintain their internal stability, and how much it needs to invest in a renewed economic agenda for such countries, including an agenda focused on job creation,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Recital I

I. whereas the EU urgently needs to reflect on how much it wants to open up its borders to migratory flows from countries of origin and transit in order to offset their internal ~~demographic and~~ social tensions, thus helping them maintain their internal stability, and how much it needs to invest in a renewed economic agenda for such countries, including an agenda focused on job creation,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Recital K

K. whereas tensions between countries of origin and transit and between receiving and transit countries concerning the management of migratory flows could become a source of potential ~~conflict~~disagreements in the future,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Recital L a (new)

La. whereas the European Union needs to develop an efficient and wise migration policy similar to the ones implemented in Canada, Australia or New Zealand; whereas instability in the neighbouring regions jeopardises the creation of such a migration policy,

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 2

2. Notes that against a background of increasing multilateralism with several international players and major donors, such as the EU, the US, Japan, China and, potentially, in a longer term perspective, other BRIC countries, such as Brazil and India, stability and security are a shared objective and an essential pre-condition for global economic growth; notes, further, that the stability and security challenges are such that they require not only relevant resources, at a time of budget constraints, but also economies of scale and coordinated efforts; believes that a reflection should be started on an active dialogue between the EU, the US, Japan and China and international financial institutions on coordinated geographical and thematic security, stability and aid strategies, which would make for collective leverage and a more balanced, targeted and efficient allocation of resources while ensuring fair burden-sharing; believes, also in the light of the recent White House foreign aid review, which highlighted the value of aid coordination with other major donors, that a first important step towards such a reflection could be an EU-US summit on enhanced cooperation on humanitarian and development aid to identify, from a transatlantic perspective, shared areas of interest and the foundations of policy coordination;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 3

3. Considers that support for politically and economically fragile states~~, as a source of irregular migration and security and stability tensions,~~ should always include, in addition to budgetary relief and support, direct investment and EU market- access strategies, rural development and food security strategies, job-creation policies, infrastructure development, and strategies geared to promoting democratisation and good governance, social inclusion and religious tolerance, thereby maximising local prospects and alternatives for potential migrants; firmly believes that such strategies must be based on active partnerships which draw on the principles of ownership and empowerment of the beneficiary countries, but also on targets, clear roadmaps and conditions for their achievement co-defined with donor countries, and on benchmarks and strict accountability standards;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 3 a (new)

3a. Underlines that any research and analysis of the future migration trends, forms of migration as short-term migration, circular migration, and seasonal migration should take into account possible triggers of migration such as the political and economic crisis or climate change in the countries of origin;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 4

4. Recalls that in its resolution of 21 September 2010 on poverty reduction and job creation in developing countries: the way forward*1 Parliament emphasised that the EU should not hesitate to apply sanctions when developing countries fail to respect their governance obligations under trade agreements, asked the EU authorities to ensure scrupulous respect for the principle of conditionality, as stipulated in the Cotonou Agreement, and emphasised that the same conditionality criteria should apply to the provision of support under both the European Development Fund (EDF) and the Financing Instrument for Development Cooperation (DCI); stresses that similar conditionality criteria also should apply to EU assistance other than development assistance and humanitarian aid, including the macro financial aid provided via IMF loans as well as lending operations by the EIB and EBRD programmes, and that such assistance should be based on partnership, shared objectives and values and allegiance and should be able to fulfil the expectations of both the donor and the beneficiary and that it should not ~~1 Texts adopted, P7_TA-PROV(2010)0327.~~ be ‘cost-free’ for beneficiary countries to receive active support from the EU and then disregard with no consequences EU core values; asks the VP/HR and the Commission to pursue the objective of allegiance to the EU and its core values when shaping the architecture of EU financial assistance and in bilateral relations with countries which are beneficiaries of such assistance; believes that a reflection should be started at EU level on the bases of and scope of application of conditionality criteria to EU financial assistance;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 6

6. Stresses the value of EU election observation missions as the first important step in any process of democratisation and good governance, and believes that such missions should be part of a broader framework of support for a long-term democratisation process; highlights the importance of mediation and conflict- prevention and resolution strategies and of institution- and capacity-building for regional organisations, such as the African Union (AU), which plays an important role in peace-keeping and peace-building operations; believes that the support for the AU should include the development of an effective border-control capacity and support for its capacity to fight the exploitation of irregular migration and to provide relief for irregular migrants in situations of distress; considers that the effective strengthening of regional organisations such as the AU, Union for the Mediterranean or the Eastern Partnership as multipliers of regional peace and stability will foster regional integration and the emergence of cross- border economic areas;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 8

8. Calls on the Commission to consider as part of its ongoing review of the ENP the provision of specific funding for the development of a renewed, strong economic agenda in ENP countries, including an employment agenda; believes that a roadmap should be discussed with ENP countries on the alignment of their national migration laws with EU standards, including human rights standards, such as the right to asylum, a protection system for irregular migrants and equal rights for all migrants, return management procedures; encourages the conclusion of more mobility partnership agreements with ENP countries, in addition to the existing ones with Moldova and Georgia;

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 8 a (new)

~~1 OJ L 50, 25.2.2003.~~8a. Calls on the Commission to develop a comprehensive approach to legal migration, taking into consideration the need of the European labour market for a labour force as well as the capacities of each member state to receive and integrate migrants; believes that a common EU policy on legal migration can be a stimulus for both the European economy and for the economies of the countries of origin; Or. en

2011/02/18
Committee: AFET

2010/2269(INI)

Motion for a resolution
Paragraph 9

9. Calls on the VP/HR to promote, within the foreign affairs Ministerial Conference of the Union for the Mediterranean (UfM) as well as within the Eastern Partnership initiative (EaP), the issue of migration, and its implications, as a priority issue for discussion and action within the framework of the UfM and EaP;

2011/02/18
Committee: AFET

2010/2269(INI)

Jacek PROTASIEWICZ, Heidi HAUTALA

Motion for a resolution
Paragraph 10

10. Calls on the Commission, when preparing the new external action instruments for the period after 2013, to ensure that the proposed architecture allows for synergies and mutual reinforcement between the development pillar and the security and stability pillar and provides for the rapid allocation of emergency and recovery funds, a rapid response to provide relief for migrants in a situation of distress with special regard to the situation of women and children, specific programmes to provide active support for religious minorities which may be under threat, and support measures to mitigate the consequences of climate change and preserve the economic and social environment of affected communities;

2011/02/18
Committee: AFET

2010/2124(INI)

Elmar BROK, Krzysztof LISEK, Arnaud DANJEAN, Jacek SARYUSZ-WOLSKI, Paweł ZALEWSKI, Michael GAHLER, Tunne KELAM, Traian UNGUREANU, Inese VAIDERE, Andrey KOVATCHEV, Elena BĂSESCU, Cristian Dan PREDA, Jacek PROTASIEWICZ, Paweł Robert KOWAL, Andrzej GRZYB, Vytautas LANDSBERGIS, Anna IBRISAGIC, Eduard KUKAN

Motion for a resolution
Paragraph 29 a (new)

29a. Calls on the VP/HR to intensify talks with Russia to assure the unconditional fulfilment of all the provisions of the agreement of 2008 between Russia, the European Union and Georgia; takes the view Russia that should, in particular, guarantee full unlimited access of the European Union Monitoring Mission (EUMM) to Abkhazia and South Ossetia; underlines the necessity to provide stability in aforementioned Georgian regions;

2011/03/07
Committee: AFET

2010/0101(COD)

Proposal for a decision
Recital 16

(16) EIB activity in Neighbourhood countries should take place in the framework of the European Neighbourhood Policy, under which the EU aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness, founded on the values of the EU and characterised by close and peaceful relations based on co-operation. To achieve these objectives the EU and its partners implement jointly agreed bilateral Action Plans defining a set of priorities including on political and security issues, trade and economic matters, environmental concerns and integration of transport and energy networks. The Union for the Mediterranean, the Eastern Partnership, and the Black Sea Synergy are multilateral and regional initiatives complementary to the European Neighbourhood Policy aimed at fostering co-operation between the EU and the respective group of neighbouring partner countries facing common challenges and/or sharing a common geographical environment. The Union for the Mediterranean supports improved socio-economic, solidarity, regional integration, sustainable development and knowledge building, underlining the need to increase financial co-operation to support regional and trans-national projects. The Eastern Partnership aims to create the necessary conditions to accelerate political association and further economic integration between the EU and Eastern Partner countries, which cannot be achieved unless all Eastern Partnership countries adhere to the principles of democracy, the rule of law and the respect for human rights. Therefore, the scope of the EIB's engagement with these countries should depend on their progress in those areas. The Russian Federation and the EU have a wide-ranging Strategic Partnership, distinct from the European Neighbourhood Policy and expressed through the Common Spaces and Roadmaps. This is complemented at multilateral level by the Northern Dimension which provides a framework for co-operation between the EU, Russia, Norway and Iceland.

2010/10/15
Committee: AFET

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital F

F. whereas, although subcontracting has many positive aspects and has allowed for increased productive capacity, it is also generating some economic and social imbalances ~~among workers and might foster a race to the bottom in working conditions, which is a matter of concern~~,

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital G

G. whereas, subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,~~

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital H

~~H. whereas, in a cross border context, the problems linked to this precarious position are emphasised when, for example, workers are posted to a third Member State,~~deleted

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital I

I. whereas ~~employment relations in the~~the externalisation of activities and/or labour forces through sub- construacti~~on sector have been redefined and, at the same time, have~~ng or employment agencies may reduced the direct social responsibility of the 'principal contractor', as labour has been externalised by the use of subcontractors and employment agencies, making the supply of cheap, often unskilled labour an integral part of lower level subcontractingcompanies, when used extensively,

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital J

J. whereas, ~~the construction~~some sectors hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains,

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 3

3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment;deleted

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 4

4. ~~Calls on public a~~Believes that past non-compliance with statuthor~~ities to adopt~~y labour law or ~~fur~~other ~~develop legal provisions which exclude from public procurement undertakings found to have infringed labour law, collective agreements or codes of conduc~~applicable regulations and legislation should be taken into account as part of the selection process in public procurement;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 7

7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces the idea of joint and several liability ~~into Community legislation~~;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 8

8. Welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have ~~responded~~tried to solve to the problems connected with the duties of subcontractors as employers by establishing national liability schemes; ~~encourages other Member States to consider similar scheme~~commends the introduction of voluntary codes of practice developed in some Member States by the relevant stakeholders;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 8 a (new)

8a. Emphasises the particular challenges faced by small businesses, calls on policymakers to develop appropriate tools to raise awareness in this sector;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 9

9. Reminds all stakeholders that, in its aforementioned resolution on the posting of workers, Parliament called on the Commission to ~~regulate the joint and several liability of general or principal undertakings, in order to deal with~~consider abuses in the subcontracting and outsourcing of cross- border workers, and to set up a transparent and competitive internal market for all companies;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 10

10. Reiterates its message by calling on the Commission to establish a clear-cut Community legal instrument introducing joint and several liability at European level whilst respecting the different legal systems in place in the Member States and the principles of subsidiarity and proportionalityCalls on the Commission to report on joint and several liability at European level;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 11

11. Is convinced that such ~~an instrument~~information and exchange of best practices would benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 12

~~12. Believes that the scope of the liability prescribed in such an instrument should include at least wages, social security contributions and taxes;~~deleted

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 15

15. Warns also against conflicts and overlapping between, and duplication of provisions found in codes of conduct and in labour law, codes of conduct, standards and guidelines adopted by public authorities and collective agreements in force; for this reason, emphasises the need for undertakings to adhere, as a matter of priority, to codes of conduct, standards and guidelines drafted at the level of supranational organisations (OECD, ILO), national, or sector level;

2008/12/12
Committee: EMPL

2008/2249(INI)

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Paragraph 18

18. Stresses that the fight against the potential negative social consequences of subcontracting can be ~~tackl~~strengthened by enhanced social dialogue between employers' organisations and trade unions, ~~also with the participation of socially active NGOs and civil society organisations.~~

2008/12/12
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital B

B. Whereas the Commission’'s report on industrial relations in Europe 2006 shows that ~~highly developed~~ collective bargaining has a ~~positive~~n influence on social inclusion,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital D

D. Whereas the objective of the PWD – to provide for a climate of fair competition and measures guaranteeing respect for the rights of workers ~~– is more important than ever~~; in an economic era in which transnational provision of services is expanding, the PWD is expected to play a key-role in protecting the posted workers ~~concerned~~, while respecting the framework of labour law and industrial relations of Member States,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital G

G. Whereas the nucleus provisions in Article 3(1) of the PWD consists of international mandatory rules which the MS have commonly agreed upon; the public order provisions in Article 3(10) also consist of international mandatory rules but un such a way that MS themselves can define them; the use of Article 3(10) is important for MS to be able to consider a variety of labour market, social policy and other concerns including protection of workers, with a respect for principle of equal treatment,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital J

J. Whereas the European Council has set up principles to create labour market models that have as well as a high level of security as a high level of flexibility, the so called flexicurity model; it is recognised that an important part of a successful flexicurity model includes ~~strong~~ social partners with a ~~significant~~ scope for collective bargaining,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital K

K. Whereas 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 for competition rules on collective bargaining~~,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
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,~~deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital N

N. Whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate their collective bargaining and also narrows down the purpose of the PWD, neglecting the PWD’s two fold aim – protection of workers and free movementdemonstrates in which way regions could regulate their collective bargaining,

2008/06/10
Committee: EMPL

2008/2085(INI)

Jacek PROTASIEWICZ, Charlotte CEDERSCHIÖLD

Motion for a resolution
Recital 0

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; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 1

1. Underlines that the freedom to provide services is a cornerstone of the European project; ~~however, this has to be balanced against fundamental rights and the possibility for governments and trade unions to ensure non-discrimination and equal treatment;~~

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 1 f (new)

1f. Underlines that the internal market is characterized by that the obstacles to the free movement of goods, persons, services and capital is abolished between the MS, as well as by an open market economy with free competition;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 3

3. Emphasises that the ~~freedom to provide services is not superior to the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member States~~ECJ has ruled that the right for trade unions to take industrial action must be recognised as a fundamental right; however, the exercise of that may non the less be subject to restrictions as emphasized by the ECJ;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 3 a (new)

3a. Emphasises that the freedom to conduct a business in accordance with Union law and national laws and practices is spelled out in the Charter of Fundamental Rights; however notes that the right of collective bargaining, equally mentioned in the Charter of Fundamental Rights, must be conducted in accordance with Union law and national law and practices and is equally limited through the proportionality principle as spelled out by the Court of Justice in the Viking case;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 4

4. Welcomes the Lisbon treaty and the fact that the Charter of Fundamental Rights of the European Union is made legally binding; this includes the right of trade unions to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest~~, to take collective ac~~ concerning wages and working conditions, to defend ~~their~~ interests ~~including strike action~~of worker;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 5

5. Stresses that Article 3(7) of the PWD ~~clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workers~~states that Article 3(1-6) shall not prevent application of terms and conditions of employment which are more favourable to workers; also stresses that, according to the ECJ as stated in the Laval case, this article cannot be interpreted as allowing the host Member State to make the provision of services in its territory conditional on the observance of terms and conditions of employment which go beyond the mandatory rules for minimum protection;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 6

6. ~~Points out~~Stresses that recital 22 in the PWD states that ~~provisions laid down in the PWD should have no effec~~the directive is without prejudice to the law of the Member States concerning collective action to defend the interests of trades and professions; equally stresses that the ECJ stated in the Laval case that the right to take collective action falls within the scope of application of Community law and therefore must be justified by an overriding reason of public interest and be proportionate; emphasizes in that con ~~the right to take industrial acti~~text that the ECJ has ruled that the right to take collective action for the protection of the workers constitute such an overriding reason;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 7

7. Emphasises that ~~equal treatment, equal pay for equal work as well as Articles 39 and 12 of the EC Treaty form the foundation of EC law which needs to be restored~~the PWD did not harmonise the material content of the mandatory rules for minimum protection and that that content may accordingly be freely defined by the Member States in compliance with the Treaty and the general principles of Community law;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 7 a (new)

7a. Emphasises that treatment as well as Article 39 of the EC Treaty form the foundation of EC law as regards the free movement of workers; however that Article 39 and the principle of equal treatment do not apply to workers posted on a temporary basis to another Member State for the purposes of providing services there to which the PWD and Article 49 apply;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 8

8. Underlines the importance of ~~not allowing the verdicts to negatively effect~~support for labour market models that ~~already today~~ are able to combine a high degree of flexibility on the labour market with a high level of security ~~and, instead, of further promoting this approach~~;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 8 a (new)

8a. Underlines that the verdicts fully respect the different labour market models that combine a high degree of flexibility on the labour market with a high level of security;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 9

9. Underlines th~~at the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protect~~e fact that the ECJ is the ultimate interpreter of the Community legislation, equally underlines that its verdicts are binding precedents, meant for the national court asking wfor~~kers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so~~ the preliminary ruling according to the principle of loyalty in article 10 of the Treaty; this in order to guarantee the equal application of community law in all Member States;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 10

10. Re~~grets~~iterates the fact that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 10 a (new)

10a. Underlines that the PWD seeks to bring about the freedom to provide services, which is one of the fundamental freedoms guaranteed by the Treaty, while guaranteeing the adequate protection of posted workers, and that a proportionate balance between these interests must be maintained;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 11

11. ~~Question~~Notes the introduction of a proportionality principle in the Viking case ~~for~~which applies when the right to use collective action is exercised against undertakings which~~, when using~~ make use of the rights 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;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 12

12. Emphasises that the PWD as interpreted by the ECJ would prevent demands for equal pay for work for all workers regardless of their nationality or that of their employer in the place where the service is provided; this runs counter to the principle of nprinciple of equal pay and of non-discrimination which are established in the Treaty will continue to apply with regard to workers moving to another Member State to seek for a job or take up employment there, and that trade unions will continue to have the right to take action to uphold equal treatment and secure decent working con-di~~scrimination which is established in the Treaty especially with regard to the mobility of workers~~tions at national level for migrant workers; takes for granted that the ECJ does not pronounce itself in a way counter to the non-discriminatory principle;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 13

13. ~~Regrets the fact that even though the PWD was formulated as a minimum standard directive,~~Acknowledges that the ECJ ~~determ~~rulinegs ~~that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach~~in the Viking, Laval and Rüffert cases have causesd 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;the way how minimum harmonisation directives must be interpreted.

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 13

13. ~~Regret~~Emphasises the fact that even though the PWD was formulated as a minimum standard directive, the ECJ does not 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;,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Underlines that the ECJ is the ultimate interpreter of the PWD and all other EC legislation and that the ECJ takes into account in particular the objective and the legal base in the Treaty when interpreting EC legislation;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 13 b (new)

13b. Recalls that the PWD seeks to bring about the freedom to provide services, and that it has to be interpreted, like all directives adopted on an internal market legal basis, in the light of the rules of the Treaty on the freedom to provide services as interpreted by the ECJ, whilst taking into account other objectives pursued by EC legislation, such as social policy objectives;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 14

14. ~~Regret~~Notes that the social considerations referred to in Articles 26 and 27 in Directive 2004/18, do not include terms and conditions of employment which ~~go beyond the mandatory rules for minimum protection~~are not compatible with EC law, and in particular with the PWD;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 15

15. Is of the opinion that the limited legal basis of free movement 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 ofUnderlines that the PWD seeks in particular to bring about the freedom to provide services, while guaranteeing the adequate protection of workers posted on a temporary basis for the purpose of providing services in another Member States; stresses that the effect of the Laval judgement is surely to reinforce the message that posted workers must be afforded the minimum protection granted by the Directive, including the minimum pay rate; this is because, as emphasized by the ECJ in the Laval case, the PWD (seeks to ensure a climate of fair competition~~) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefo~~ between national undertakings and undertakings which provide services on a temporary basis insofar as it require,s the l~~egal basis of the PWD must be broadened to include a reference to the free movement of workers~~atter to afford their workers the mandatory rules of ,minimum protection laid down in the host Member State;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 16

16. Emphasises that the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anUnderlines that one of the main purposes of the European Union is to create an internal market for services; is of the conviction that the citizens in the European Union welcome European integration; firmly underlines that xenophobic behaviour is a marginal phenomenon which should be strongly discouragerd a~~gainst the EU~~nd combated;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 17

17. Regrets that the ECJ fails to consider ILO convention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004Underlines that Member States can only implement international conventions that are in line with EC legislation;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 18

18. Regrets that the ECJ fails to recognise ILO conventions 87 and 98; restrictions on the right to industrial action and fundamental rights can only be motivated with respect to health, public order and similar concerns;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 20

20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators; 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 ECJ;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 21

21. Therefore calls on the Commission to ~~take immediate action to make necessary changes in European legisl~~recommend the Member States to enhance their administrative cooperation in order to ~~coun~~facilitater the ~~possible detrimental social, economical and political effects of the ECJ judgements~~effective implementation and enforcement of the Community legislation in this field;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 21 a (new)

21a. Underlines that the ECJ rulings in the cases of Viking, Laval and Rüffert do not necessitate a change of EC legislation; a call for a change of legislation after each ECJ ruling will cause imbalance in the division of the democratic powers within, and principles of, the European Union;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 22

22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states that they will ~~continue to fight social dump~~provide "easily accessible, accurate and up to date information" to competent authorities and other actors involved, such as social partners, undertakings and ~~that the freedom to provide services is not superior to the fundamental rights of trade unions~~workers "to prevent emergence of conflicts, problematic situations and abuses"; this should help in creating a climate of mutual trust and confidence;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 23

23. Therefore calls on the Commission to review the PWD and consider the following issues: - a new 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 the free movement of services; - a possibility in the Directive for Member States to refer in law or collective agreements to the 'habitual wages' applicable in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of pay; - a limit to the period of time during which workers can be considered as being 'posted' to a Member State other than the Member State of their ordinary place of work in the framework of services; after that period the rules on free movement of workers should apply, i.e. host country rules with regard to wages and working conditions have full application; - an even clearer expression that the Directive and other EU legislation do not prohibit: - ensure that the PWD is correctly implemented and applied in all Member States; - intensify work with Member States with a view to enhance cooperation between competent national authorities of different Member States and in particular to set up an electronic system for exchange of information which could enable Member States ~~and trade unions from demanding more favourable conditions for the worker; and - the recognition of a wider range of methods of organizing labour markets than those currently covered by Article 3(8)~~in particular to combat abuses more effectively;

2008/06/10
Committee: EMPL

2008/2085(INI)

Charlotte CEDERSCHIÖLD, Jacek PROTASIEWICZ, Anja WEISGERBER

Motion for a resolution
Paragraph 24

24. ~~Considers that Parliament, the Council and~~Asks the Commission ~~should~~to adopt measures to combat letterbox-companies, undertakings not engaged in any genuine and meaningful business in the country of origin but created, sometimes even directly by the main contractor in the host country, for the sole purpose of offering ‘services’ to the host country, to avoid the full application of host country rules and regulations especially with regard to wages and working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 25

25. Would welcome a move to summarize the social clauses that exist in the Monti directive and in the Service directive in a social clause, either through a protocol attached to the Treaty or in an inter- institutional agreement;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)