Activities of Martin KASTLER
Plenary speeches (62)
Materials and articles intended to come into contact with food
Explanations of vote
Equal treatment of persons irrespective of religion or belief, disability, age or sexual orientation (debate)
Emission performance standards for new passenger cars (debate)
Posting of workers in the framework of the provision of services (debate)
Production and making available on the market of plant reproductive material (plant reproductive material law) (A7-0112/2014 - Sergio Paolo Francesco Silvestris)
Implementation of the Youth Guarantee (debate)
Third programme for the Union's action if the field of health (2014-2020) (A7-0224/2012 - Françoise Grossetête)
Honey (A7-0440/2013 - Julie Girling)
Recent cases of violence and persecution against Christians, notably in Maaloula (Syria), Peshawar (Pakistan) and the case of Pastor Saeed Abedini (Iran) (debate)
Fund for European aid to the most deprived (A7-0183/2013 - Emer Costello)
Social investment for growth and cohesion (B7-0255/2013)
Preparations for the European Council meeting (27-28 June 2013) - European action to combat youth unemployment (RCB7-0270/2013, B7-0270/2013, B7-0273/2013, B7-0275/2013, B7-0276/2013, B7-0278/2013, B7-0279/2013, B7-0280/2013)
Health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (A7-0009/2013 - Elisabeth Morin-Chartier)
Adequate, safe and sustainable pensions (A7-0137/2013 - Ria Oomen-Ruijten)
Corporate social responsibility: promoting society's interests and a route to sustainable and inclusive recovery (A7-0023/2013 - Richard Howitt)
Corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth - Corporate social responsibility: promoting society's interests and a route to sustainable and inclusive recovery (debate)
Modification of Parliament's calendar of part-sessions - 2013
Youth guarantee (B7-0007/2013)
Information and consultation of workers, anticipation and management of restructuring (A7-0390/2012 - Alejandro Cercas)
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Patenting of essential biological processes (debate)
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EU policy approach to the ITU World Radiocommunication Conference 2012 (debate)
European Year for Active Ageing (2012) (A7-0061/2011 - Martin Kastler) (vote)
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Preparation for the European Council meeting (4 February 2011) (debate)
Citizens’ initiative (debate)
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Import of Laogai-made goods into the EU (debate)
Protection of animals used for scientific purposes (debate)
Guidelines for the employment policies of the Member States (debate)
Executions in Libya
Religious freedom in Pakistan
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Development of the European Citizens’ Initiative based on Article 11(4) of the Treaty on European Union (debate)
South Korea – death penalty declared legal
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Venezuela
Madagascar
2009 progress report on Croatia - 2009 progress report on the Former Yugoslav Republic of Macedonia - 2009 progress report on Turkey (debate)
Philippines
Second revision of the ACP-EU Partnership agreement (Cotonou agreement) (debate)
Defence of the principle of subsidiarity - Display of religious and cultural symbols in public places (debate)
Explanations of vote
Smoke-free environments (debate)
Reports (1)
REPORT on the proposal for a decision of the European Parliament and of the Council on the European Year for Active Ageing (2012) PDF (416 KB) DOC (633 KB)
Shadow reports (1)
REPORT on financial participation of employees in companies’ proceeds PDF (203 KB) DOC (99 KB)
Opinions (2)
OPINION on SOLVIT
OPINION on undocumented women migrants in the European Union
Shadow opinions (3)
OPINION on an integrated parcel delivery market for the growth of e-commerce in the EU
OPINION on the European Innovation Partnership on Active and Healthy Ageing
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing "ERASMUS FOR ALL" The Union Programme for Education, Training, Youth and Sport
Written declarations (2)
Amendments (409)
Amendment 87 #
2013/2127(INI)
Motion for a resolution
Paragraph 11 – point g a (new)
Paragraph 11 – point g a (new)
(ga) it is imperative that insurance be taken out to protect worker participation from the insolvency of the undertaking;
Amendment 5 #
2013/2115(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to: allow undocumented women to access health services and education; enable them to have access to the legal system and confidential advice in emergencies without fear of this resulting directly in measures to terminate their residence; ensure that the European platform against poverty and social exclusion as well as networks of existing aid organisations, churches and civil society are involved in this action; and, where necessary, establish specific forms of data protection for the women concerned;
Amendment 14 #
2013/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CStresses that undocumented women in particular are often the victims of precarious, isolated, unhealthy or unfair working conditions, in some cases experience abuse and violence and are prevented by extreme dependency on their employers from asserting their fundamental and labour rights; calls on the Member States and social partners to address the specific situation of undocumented women in the workplace and help those concerned, thereby enabling them to better exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals;
Amendment 22 #
2013/2115(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns any form of violence, human trafficking, abuse and discrimination against undocumented women; stresses the need for access to the help on offer in these situations without the fear of this resulting directly in measures to terminate residence;
Amendment 27 #
2013/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Draws attention particularly to the situation of undocumented women who are pregnant or have children: they need special protection for the unborn child and a legal entitlement to health care by doctors and midwives, both during and after childbirth, access to psycho-social and spiritual counselling and the right to a birth certificate for their children in accordance with Article 7 of the UN Convention on the Rights of the Child; they must have access to appropriate medical care and to registry offices without having to fear that this will result directly in measures to terminate their residence; calls for special forms of data protection for women who in such situations turn to doctors, clinics and registry offices;
Amendment 28 #
2013/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States, through more extensive and linked research, to close the gaps in reliable data and existing knowledge on the number and situation of undocumented persons in Europe, to draw the attention of Eurofound to the situation of undocumented women and to take greater account of these women when implementing the inclusion targets of the Europe 2020 strategy;
Amendment 2 #
2013/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to maintain the prescribed driving and resting times and the working hours permitted by law, to reckon all tasks connected with the activity as working time and to monitor compliance with European standards on the protection of health and safety at work, including conditions in vehicles, for all people involved in making deliveries;
Amendment 5 #
2013/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is aware that online trade is an important growth market; draws attention to the entrepreneurial and financial pressure on suppliers resulting from investment and measures to adapt to the requirements of which should be promoted throughout Europe by means of a functionline trade as it expands; takes the view that employees must not suffer as a result of competition in online trade; stresses that prices must be set in such a way that enforcement of the rules on employment and labour conditions in force in the Member State concerned, including those governing the minimum and standard wage, is guaranteedg internal market in parcels, without calling into question adequate social standards across borders or putting SMEs and start-ups at a disadvantage;
Amendment 16 #
2013/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is critical ofHighlights the extremely high amount of outsourcing which delivery firms undertake outside the regular postal service and the frequently accompanying evasion of legal and remuneration requirements with regard to conditions of work and employment;
Amendment 19 #
2013/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the Member States to stipulate a minimum wage for parcel service operators and ensure wage cover in all delivery firms and increasedincrease monitoring of subcontractors in terms of compliance with employment-related legal and remuneration requirements; underlines in this context the principle of equal pay for equal work in the same place;
Amendment 23 #
2013/2043(INI)
Draft opinion
Paragraph 6 – point 1 (new)
Paragraph 6 – point 1 (new)
(1) Stresses the importance of online trading and its associated parcel services for SMEs, start-ups and their employees;
Amendment 1 #
2013/2040(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 3 #
2013/2040(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 4 #
2013/2040(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide;
Amendment 5 #
2013/2040(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. States that every child, regardless of sex, has the right to appropriate legal protection before as well as after birth1, survival and development, and reaffirms that female children have equal status under the UN Convention on the Rights of the Child; calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination found on their sex, inter alia by ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation; __________________ 1 Declaration of the Rights of the Child, Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959.
Amendment 7 #
2013/2040(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reminds that the European Court of Justice held in judgment C-34/10 that any human ovum after fertilization constitutes a human embryo, and that an human embryo constitutes a precise stadium in the development of the human body;
Amendment 8 #
2013/2040(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UrgInvites the Commission, in this context, to maintain in its development priorities the removal of all barriers to allow access to quality, affordable, acceptable and accessible sexuprenatal and reproductivematernal health care services (SRHSs) and education, including voluntary family planning, safe abortion, and youth-friendly service, relational, affective and sexual education for boys and girls under the prior responsibility of their parents1, voluntary family planning including natural family planning methods, while combating gendersex based discrimination leading to sex-selective and involuntary abortions, forced sterilization and sexual violence, as well as ensuring the provision of SRH supplies,prenatal and maternal health care supplies, including HIV prevention, treatment, care and support, without discrimination; __________________ 1 "Parents have a prior right to choose the kind of education that shall be given to their children." Art 26.3 of UNGASS Resolution 217 A (III) of 10 December 1948 (Universal Declaration of Human Rights)
Amendment 31 #
2013/2040(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission and the EEAS to fully respect the reservations on SHRH expressed by national governments in the concerned international treaties, conventions and programs;
Amendment 32 #
2013/2040(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Further reaffirms the sovereign right of each country to implement the recommendations of the Cairo ICPD Programme of Action or other proposals in the present resolution, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people, and in conformity with universally recognized international human rights;
Amendment 33 #
2013/2040(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. upholds the human right to conscientious objection as outlined in Art 18 of the Universal Declaration of Human Rights and Art 10 of the EU Charter of Fundamental Rights, highlights therefore that no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or any act which could cause the death of a human foetus or embryo, for any reason; affirms the right of conscientious objection together with the responsibility of the state to ensure that patients are able to access lawful medical care in a timely manner in particular in cases of emergency;
Amendment 34 #
2013/2040(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. reminds § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."
Amendment 272 #
2013/0140(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) the operator concerned is given the opportunity to comment onshall approve the information that the competent authority intends to publish or make otherwise available to the public, prior to the publication or release;
Amendment 273 #
2013/0140(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the information which isto be published or made otherwise available to the public takes into account the comments expressed by the operator concerned or is published or released together with such comments.
Amendment 277 #
2013/0140(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b a (new)
Article 7 – paragraph 3 – point b a (new)
(ba) the official findings are neither legally contested by those concerned nor currently under investigation in court.
Amendment 278 #
2013/0140(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b b (new)
Article 7 – paragraph 3 – point b b (new)
(bb) official findings revealing a short- term minor infringement shall not be published until subsequent investigation has confirmed that it is continuing to occur.
Amendment 279 #
2013/0140(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b c (new)
Article 7 – paragraph 3 – point b c (new)
(bc) published official findings shall be withdrawn if, after a given period of time, no recurrence of the infringement occurs, it having been ended definitively; this shall be done after no more than 12 months.
Amendment 330 #
2013/0140(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Competent authorities shall perform official controls with a high level of transparency and make available to the public relevant information concerning the organisation and the performance of official controls. The information shall be published in accordance with the principle of proportionality.
Amendment 343 #
2013/0140(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. To ensure the uniform implementation of the rules provided for in paragraph 1 of this Article, the Commission shall, by means of implementing acts, lay down and update as necessary the format in which the information referred to in that paragraph shall be published. The content thereof shall relate exclusively to the provisions of Article 10(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).
Amendment 352 #
2013/0140(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the rating criteria are objective, transparent and publicly available in a form comprehensible to users;
Amendment 531 #
2013/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) organise audits or inspections of such bodies or persons as necessary;
Amendment 533 #
2013/0140(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) organise audits or inspections of such bodies or persons as necessary;
Amendment 713 #
2013/0140(COD)
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 721 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 1 – introductory part
Article 77 – paragraph 1 – introductory part
1. For the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls, tThe competent authorities shall collect fees to recover the costs they incur in relation toperforming the following controls:
Amendment 730 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
Amendment 739 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
Amendment 744 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 3 – point a
Article 77 – paragraph 3 – point a
Amendment 785 #
2013/0140(COD)
Proposal for a regulation
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
Amendment 819 #
2013/0140(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Enterprises employing fewer than 1up to 500 persons and whose annual turnover ordoes not exceed EUR 40 million or whose annual balance sheet total does not exceed EUR 20 million shall be exempted from the payment of the fees provided for in Article 77.
Amendment 76 #
2013/0137(COD)
Proposal for a regulation
Title 0
Title 0
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to propose that the Commission proposal be rejected.
Amendment 81 #
2013/0137(COD)
Proposal for a regulation
Recital 1 – point e
Recital 1 – point e
Amendment 84 #
2013/0137(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production, as well as the proactive conservation of Europe’s natural species diversity. In order to ensure productivity, the health, quality and diversity of plant reproductive material is of outmost importance for agriculture, horticulture, food and feed security, and the economy in general. Moreover, to ensure sustainability, legislation should take account of the need to meet consumers' expectations, to ensure the adaptability of production to manifold agricultural, horticultural and environmental conditions, to face the challenges of climate change and to foster the protection of agro-biodiversity. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 87 #
2013/0137(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of “professional operator” and “making available on the market”. In particular, in view of the marketing developments of the sector, the definition of 'making available on the market' should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically) and persons who collect basic forest material.
Amendment 98 #
Amendment 104 #
2013/0137(COD)
Proposal for a regulation
Recital 1 – point e
Recital 1 – point e
Amendment 105 #
2013/0137(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 108 #
2013/0137(COD)
Proposal for a regulation
Recital 79
Recital 79
Amendment 113 #
2013/0137(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically) and persons who collect basic forest material.
Amendment 122 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 128 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer by an operator for the purpose of growing commercially, whether free of charge or not;
Amendment 129 #
2013/0137(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintain the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020 and take action to safeguard biodiversity. In that context, certain varieties should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 130 #
2013/0137(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 132 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – introductory part
Article 3 – paragraph 1 – point 6 – introductory part
(6) '‘professional operator'’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material intended for commercial cultivation:
Amendment 137 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
Article 3 – paragraph 1 – point 6 – point a
Amendment 143 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c
Article 3 – paragraph 1 – point 6 – point c
Amendment 151 #
2013/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 154 #
2013/0137(COD)
Proposal for a regulation
Recital 79
Recital 79
Amendment 162 #
2013/0137(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 164 #
2013/0137(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producbringing plant reproductive material onto the market
Amendment 167 #
2013/0137(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Professional operators producbringing plant reproductive material onto the market shall:
Amendment 170 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at allthe stages of produthe entry and exit of goods in connection andwith making available on the market.
Amendment 175 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the case of plant reproductive material, other than forest reproductive material, professional operators shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 176 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 200 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d d (new)
Article 2 – paragraph 1 – point d d (new)
(dd) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 205 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 207 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 209 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 214 #
2013/0137(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 216 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
Amendment 218 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the production and quality requirements set out in Section 3 for the relevant category;
Amendment 221 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 (a) and (b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 224 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 225 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer by an operator for the purpose of commercial cultivation, whether free of charge or not;
Amendment 234 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) '‘professional operator'’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material intended for commercial cultivation:
Amendment 239 #
Amendment 241 #
2013/0137(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 244 #
2013/0137(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 247 #
2013/0137(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive material shall be produced in accordance with the production requirements set out in Part A of Annex II andwhich has been officially registered and is undergoing certification shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 247 #
Amendment 251 #
2013/0137(COD)
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
(5a) This certification and identification shall apply to those varieties entered in the European variety register. National trademarks or certification systems shall remain unaffected.
Amendment 259 #
Amendment 264 #
2013/0137(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 266 #
2013/0137(COD)
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certification of pre-basic, basic and certified material
Amendment 267 #
2013/0137(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Professional operators shall inform the competent authorities in due time about their intention to produchave pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in certified in accordance with Article 19(1). That notification shall state the plant species and categories concerned.
Amendment 269 #
2013/0137(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complies with the production and quality requirements as referred to in Article 16.
Amendment 274 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge. They may concern the following:
Amendment 275 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 276 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 278 #
2013/0137(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market indoes not compliancey with the production and quality requirements referred to in Article 16(2), and with the certification schemes referred to in Article 20(2) or has not been made available on the market in line with these, the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
Amendment 281 #
Amendment 283 #
2013/0137(COD)
Proposal for a regulation
Article 6
Article 6
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 285 #
2013/0137(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producbringing plant reproductive material onto the market
Amendment 289 #
2013/0137(COD)
Proposal for a regulation
Article 7 – introductory part
Article 7 – introductory part
Professional operators producbringing plant reproductive material onto the market shall:
Amendment 295 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at allthe stages of produentry and exit of goods in connection andwith making available on the market.
Amendment 300 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;
Amendment 308 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the case of plant reproductive material, other than forest reproductive material, professional operators shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 313 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 317 #
2013/0137(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The provisions of this regulation shall not apply to small undertakings and farms which supply local markets.
Amendment 320 #
2013/0137(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Plant reproductive material may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Unionthat fulfil requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union. Import requirements Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a)The PRM to be imported or its lot do not comply with the requirements of this Regulation for the respective species and categories and types of material. (b) It is prohibited by an existing trade agreement. (c) Import is explicitly prohibited by another Union act. (d) A demonstrable risk exists in relation to plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (e) A demonstrable risk exists of consumer fraud. (f) Materials are being made available on the market at subsidized prices or at a price so low that it constitutes dumping, and the total commercial value exceeds 1 million Euros.
Amendment 322 #
2013/0137(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
The Commissionuncil and Parliament may decide, by means of implementing actsthe ordinary legislative procedure, whether plant reproductive material of specific genera, species οr categories produced in a third country, or particular areas of a third country, fulfils requirements equivalent with those applicable to plant reproductive material produced and made available on the market in the Union, on the basis of:
Amendment 340 #
2013/0137(COD)
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 347 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point f
Article 53 – paragraph 1 – point f
(f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region(s) where the variety has historically been grown and to which it is naturally adapted ("region(s) of origin");
Amendment 368 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 372 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 376 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;,
Amendment 379 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and or would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 382 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 387 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 389 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 392 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 399 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 403 #
2013/0137(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 407 #
2013/0137(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 410 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
Amendment 411 #
2013/0137(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to thean expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the application determined pursuant to Article 70. Variety and means of reproduction shall be recognised as distinguishing criteria.
Amendment 416 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the production and quality requirements set out in Section 3 for the relevant category;
Amendment 418 #
2013/0137(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
Amendment 420 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 (a) and (b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 422 #
2013/0137(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 425 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 442 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 4 – introductory part
Article 64 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concernuncil and Parliament may adopt under the ordinary legislative procedure provisions specifying the suitability of variety denominations. Those rules mayprovisions shall concern:
Amendment 444 #
2013/0137(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 450 #
2013/0137(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 451 #
2013/0137(COD)
Proposal for a regulation
Article 68
Article 68
Amendment 455 #
2013/0137(COD)
Proposal for a regulation
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 456 #
2013/0137(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 465 #
2013/0137(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 470 #
Amendment 476 #
2013/0137(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 478 #
2013/0137(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive material shall be producedwhich has been officially registered and which is undergoing certification shall be made available on the market in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 479 #
2013/0137(COD)
Proposal for a regulation
Article 74
Article 74
Amendment 495 #
2013/0137(COD)
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1 a (new)
Article 19 – paragraph 5 – subparagraph 1 a (new)
This certification and identification shall apply to those varieties which are entered in the European variety register. National trademarks or certification systems shall continue to be admissible.
Amendment 514 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 515 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
Amendment 519 #
Amendment 522 #
Amendment 523 #
2013/0137(COD)
Proposal for a regulation
Article 144 – paragraph 1
Article 144 – paragraph 1
1. Repeals 1. The acts referred to in Annex XIII are hereby repealed. 1a. Without prejudice to more detailed requirements laid down in this Regulation, the following Articles and Annexes shall continue to apply: (a) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/401 EEC; (b) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/402 EEC; (c) Articles 17 to 18 of, and Annexes I to IV to the repealed Council Directive 68/193 EEC; Articles 16 to 18 and 24 of the repealed Council Directive 2002/53 EC; (d) Articles 27 to 29 of, and Annexes I to IV to the repealed Council Directive 2002/54 EC; (e) Articles 45 to 47 of, and Annexes I to V to the repealed Council Directive 2002/55 EC; (f) Articles 24 to 26 of, and Annexes I to III to the repealed Council Directive 2002/56 EC; (g) Articles 24 to 26 of, and Annexes I to V to the repealed Council Directive 2002/57 EC.
Amendment 533 #
2013/0137(COD)
Proposal for a regulation
Article 25
Article 25
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 537 #
2013/0137(COD)
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certification of pre-basic, basic and certified material
Amendment 538 #
2013/0137(COD)
Proposal for a regulation
Article 27
Article 27
Professional operators shall inform the competent authorities in due time about their intention to produchave pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in certified in accordance with Article 19(1). That notification shall state the plant species and categories concerned.
Amendment 542 #
2013/0137(COD)
Proposal for a regulation
Article 28
Article 28
Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complies with the production and quality requirements as referred to in Article 16.
Amendment 552 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge. They may concern the following:
Amendment 553 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 555 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 556 #
2013/0137(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market in compliance with the production anddoes not comply with the quality requirements referred to in Article 16(2), and with the requirements of the certification schemes referred to in Article 20(2), the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
Amendment 559 #
Amendment 605 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;
Amendment 673 #
2013/0137(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. These provisions shall not apply to small undertakings and farms which supply local markets.
Amendment 679 #
2013/0137(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Plant reproductive material may be imported from third countries only if it is established, pursuant to Article 44, that ithat fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.
Amendment 681 #
2013/0137(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Amendment 684 #
2013/0137(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
1. The Commissionuncil and Parliament may decide, by means of implementing actsthe ordinary legislative procedure, whether plant reproductive material of specific genera, species οr categories produced in a third country, or particular areas of a third country, fulfils requirements equivalent with those applicable to plant reproductive material produced and made available on the market in the Union, on the basis of:
Amendment 730 #
2013/0137(COD)
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. In addition the EU may proactively foster the continued existence of old, rare varieties and conservation and local varieties by establishing a Europe-wide network of gene banks ('EuropArch'), if necessary supported by a European ex- situ documentation centre attached to the agency ('BioEuropeana').
Amendment 742 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point f
Article 53 – paragraph 1 – point f
(f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region(s) where the variety has historically been grown and to which it is naturally adapted ("region(s) of origin");
Amendment 781 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 785 #
2013/0137(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 793 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;,
Amendment 798 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and or would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 817 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 829 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 846 #
2013/0137(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 854 #
2013/0137(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to thean expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the application determined pursuant to Article 70. Variety and means of reproduction shall be recognised as distinguishing criteria.
Amendment 860 #
2013/0137(COD)
Proposal for a regulation
Article 61
Article 61
For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
Amendment 863 #
2013/0137(COD)
Proposal for a regulation
Article 62
Article 62
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 891 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 4 – introductory part
Article 64 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concernuncil and Parliament may adopt under the ordinary legislative procedure provisions specifying the suitability of variety denominations. Those rules mayprovisions shall concern:
Amendment 897 #
2013/0137(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 913 #
2013/0137(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 917 #
2013/0137(COD)
Proposal for a regulation
Article 68
Article 68
Amendment 924 #
2013/0137(COD)
Proposal for a regulation
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 926 #
2013/0137(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 949 #
Amendment 970 #
Amendment 1082 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 1084 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1by the Member States shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget.
Amendment 1085 #
2013/0137(COD)
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1 shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget. Derogations or exemptions may be laid down for small undertakings or private individuals.
Amendment 1101 #
Amendment 1144 #
2013/0137(COD)
Proposal for a regulation
Article 144 – paragraph 1a (new)
Article 144 – paragraph 1a (new)
1a. Without prejudice to more detailed requirements laid down in this Regulation, the following Articles and Annexes shall continue to apply: (a) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/401 EEC; (b) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/402 EEC; (c) Articles 17 to 18 of, and Annexes I to IV to the repealed Council Directive 68/193 EEC; (d) Articles 16 to 18 and 24 of the repealed Council Directive 2002/53 EC; (e) Articles 27 to 29 of, and Annexes I to IV to the repealed Council Directive 2002/54 EC; (f) Articles 45 to 47 of, and Annexes I to V to the repealed Council Directive 2002/55 EC; (g) Articles 24 to 26 of, and Annexes I to III to the repealed Council Directive 2002/56 EC; (h) Articles 24 to 26 of, and Annexes I to V to the repealed Council Directive 2002/57 EC.
Amendment 46 #
2013/0110(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In its Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled 'Single Market Act Twelve levers to boost growth and strengthen confidence "Working together to create new growth"'9, adopted on 13 April 2011, the Commission identifies the need to improraise to a similarly high level the transparency of the social and environmental information provided by companies in all sectors across all Member States, in order to ensure a level playing field. __________________ 9 COM(2011) 206 final, 13 April 2011.
Amendment 51 #
2013/0110(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The coordination of national provisions concerning the disclosure of non-financial information in respect of large listed undertakings with limited liability is of importance for the interests of companies, shareholders and other stakeholders alike. Coordination is necessary in those fields because most of these undertakings operate in more than one Member State.
Amendment 54 #
2013/0110(COD)
Proposal for a directive
Recital 5
Recital 5
(5) It is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public by undertakings across the Union. Annual reports should give a fair and comprehensive view of an undertaking's policies, results, and riskbring into line the scope and requirements concerning the extent of the information to ensure a similarly high level in all Member States.
Amendment 59 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, listed companies should be requirurged to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 79 #
2013/0110(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 84 #
2013/0110(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC and Directive 83/349/EEC should only apply to certain large listed undertakings and groups; SMEs with fewer than 500 employees are permanently exempted.
Amendment 91 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those listed companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million.
Amendment 100 #
2013/0110(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 105 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background and gender should only apply to large listed companies. Therefore small and medium- sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case.
Amendment 122 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
For companielisted undertakings whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed ei, the review shall also – to the extent that this is decisive for ther a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall alsossessment of the development, performance or position of the undertaking – include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 144 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Where a companylisted undertaking prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such report is part of the annual report.
Amendment 153 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 a – paragraph 1 – point g
Article 46 a – paragraph 1 – point g
(g) a description of the companylisted undertaking's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background and gender, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the companylisted undertaking has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.
Amendment 202 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point g
Article 2 a (new) – point g
Directive 2013/34/EU
Article 34
Article 34
the non-financial statement as part of the annual report or the reference in the annual report to a comprehensive report or a report attached to the annual report shall not be covered by the audit of annual accounts carried out in accordance with Chapter 11, paragraph 51.
Amendment 204 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point i
Article 2 a (new) – point i
Directive 2013/34/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. If an undertaking has reason to believe that meeting the reporting obligations laid down in paragraph 1 would expose it to inappropriate economic and legal risks in a reporting country, it shall inform the Commission without undue delay. The Commission shall investigate in order to determine which information can be disclosed and may grant the undertaking a special exemption from the disclosure obligation in respect of payments or a particular category of payments to government bodies in the State in question. In such cases the Commission shall open talks with the State concerned with a view to securing agreement to the disclosure of the information in question. If agreement is reached, the Commission shall revoke the special exemption from the disclosure obligations granted to the undertaking.
Amendment 10 #
2012/2292(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 14 #
2012/2292(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in Europeis stagnating at a low level and a wider European legal framework for transnational company agre becoming increasingly integratedements is therefore unnecessary;
Amendment 19 #
2012/2292(INI)
Motion for a resolution
Recital B
Recital B
B. whereas thereexisting transnational company agreements alre no judicial and/or extrajudicialady have regulations and exemplary procedures for settling disputes, which arise when interpreting ithout any need for European regulations, and perfaccormding these agreementso the Commission (SWD 2012/0264), no problematic cases involving transnational company agreements are currently pending;
Amendment 23 #
2012/2292(INI)
Motion for a resolution
Recital C
Recital C
Amendment 44 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution is concerned with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level, and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
Amendment 49 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. PropoStresses that in the medium term an optional European legal framework should be adopted for these European, as things stand, there is no need for a specific European legal framework for transnational company agreements;
Amendment 67 #
2012/2292(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 71 #
2012/2292(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn to regulatory solutions which have proved useful and effectiveuse the European level to exchange views on existing autonomy in collective bargaining, which must be respected by the EU institutions, in a kind of open coordination on best practice at national level, and thereby further develop national regulations;
Amendment 78 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the application of such an optional legal framework should be optional for the social partnerExplicitly stresses the autonomy of the social partners and the parties to collective agreements;
Amendment 84 #
2012/2292(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 95 #
2012/2292(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 100 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial dispute settlement procedures; considers that, in Europeangnises that many of the transnational company agreements, a first ad hoc contact point at undertaking level should be agreed lready concluded at European level already contain worder to bring about solutions to conflicts between the contracting partiesking procedures for extrajudicial dispute settlement, and encourages the social partners to exchange views more intensively on this subject and identify methods for further developing and/or optimising them;
Amendment 108 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 116 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 128 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be coveredProposes that the social partners take account of the following criteria in relation to European transnational company agreements: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures;
Amendment 10 #
2012/2258(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regards cross-border health and care provision as providing a good opportunity for using existing resources more efficiently, creating uniform high standards for the benefit of the people concerned and in addition reducing the costs of ageing;
Amendment 12 #
2012/2258(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the Commission’s approach, which is clearly geared to promoting the vitality and dignity of older people in Europe by means of innovations of relevance to them, reinforcing a ‘culture for active ageing’ in a generation-friendly Europe and guiding this process jointly with recognised partners in the world of research and in civil society;
Amendment 17 #
2012/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to create the appropriate conditions forto permit people to work longer and to be more productive, both, by improving labour-market flexibility through the introduction of lifetime accounts and, part-time possibilities and by making provision for modern forms of employment contract, including temporary oneflexible arrangements for retirement, for example by means of partial pensions or bonus years;
Amendment 34 #
2012/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is convinced that comprehensive reforms are necessary in order to prevent and avoid serious shortages oncomings in access to our labour markets, which would result in a further economic slowdown and a threat to the level of prosperity in Europe;
Amendment 37 #
2012/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expects the Member States, in using the Structural Funds, to devote more attention to the living and working conditions of the older generation, to jointly create a generation-friendly Europe by 2020 and to expand their social infrastructure so that they can combat poverty among older people;
Amendment 40 #
2012/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out the essential role of investing more in education and training, with priority for lifelong learning, in order to prepare an active and productive ageing workforceestablish a generation-friendly world of work and enable older workers, too, to hold their own in a changing technological environment;
Amendment 47 #
2012/2258(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the responsibility of the European Union with regard to cross- border promotion of lifelong learning and the associated necessity to specifically support this by means of grants from a separate heading in the EU budget, ‘Older people in action’;
Amendment 56 #
2012/2258(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Maintains that further reforms of pension systems are necessary, as, where possible, is adherence to a structure comprising three pillars – State, occupational and private pension schemes – in order to make them sustainable; more coherence must be established between the effective retirement age, the official retirement age and life expectancy;
Amendment 70 #
2012/2258(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to submit proposals for combating discrimination against older people in access to the labour market, in the workplace and in the performance of work with a view to a consistently generation-friendly world of work;
Amendment 15 #
2012/2011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees'‘ personal data in the employment context, unless the processing is intended to have legally or financially advantageous consequences for the data subject. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 21 #
2012/2011(COD)
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context. Therefore, in order to regulate the processing of employees' personal data in the employment context, Member States should be able, within the limits of this Regulation, to adopt by law specific rules for the processing of personal data in the employment sector. whilst safeguarding the level of protection laid down by this Regulation. Where a statutory basis exists in the Member State in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings (collective agreement), it should also be possible to regulate the processing of personal data in an employment context by such an agreement. The same applies to agreements under Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. Key basic rules on the personality rights of employees remain inalienable.
Amendment 37 #
2012/2011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Paragraph 4 shall not apply where data processing under Article 82 is carried out in the employment context and is intended to have legally or economically advantageous consequences for the employee.
Amendment 85 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawegal provisions specific rules regulating the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. The level of protection afforded by this Regulation may on no account be undercut, especially in the case of collective agreements. The right of Member States to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected.
Amendment 93 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Amendment 107 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1b. In addition to the provisions of Chapter IV, the data protection officer may not be the subject of discrimination.
Amendment 110 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 c (new)
Article 82 – paragraph 1 c (new)
1c. The transmission of personal employee data between legally independent undertakings within a group of undertakings and with professionals providing legal and tax advice shall be permitted, providing it serves a business interest and is used for the conduct of specific operations or administrative procedures and is not contrary to the interests of the person concerned which are worthy of protection. Transmission shall also be permitted provided that it is necessary for the conduct of the recipient's own tasks and the recipient is subject to professional confidentiality. Salaries may be calculated using the services of a tax adviser and, in the event of labour law-related disputes, personal files may be passed on to a lawyer and medical documents passed on to an assessor. Where employee data are transmitted to a third country or to an international organization, Chapter V shall apply.
Amendment 114 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 d (new)
Article 82 – paragraph 1 d (new)
1d. The employee's consent to the processing of personal data shall not provide a legal basis where there is a significant imbalance between the position of the data subject and the controller, or where this imbalance makes it unlikely that consent has been freely given.
Amendment 110 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Rigorous, regular and flexible monitoring procedures in the Member States are essential and must be guaranteed throughout Europe by the national authorities.
Amendment 130 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available free of charge and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 132 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers are entitled to information and advice concerning the applicable terms and conditions of employment. It is the responsibility of the Member States to provide suitable information centres which may be consulted by posted workers free of charge.
Amendment 142 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained all control measures or administrative formalities judged to be effective and necessary for this purpose.
Amendment 238 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Where provisions of this enforcement directive are more specific or go beyond the principles established by Directive 96/71/EC, the provisions of Directive 96/71/EC do not prevail.
Amendment 244 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca)´posted´ worker means a worker who, for a limited period of time, carries out his work in the territory of a Member State other than the State in which he normally lives and usually works for his employer in the context of service provision;
Amendment 248 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 263 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements mayshall include at least:
Amendment 401 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a If posting is precluded as a result of non- compliance with the criteria set out in Article 3(1) or 3(2), the provisions of all relevant laws and collective agreements in the host country shall apply regarding terms and conditions of employment.
Amendment 420 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites, and where appropriate using other suitable means of communication, which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 433 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in English and other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; and indicates the complaints authority to which the posted worker can refer in case of non-compliance;
Amendment 441 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; and makes sure that all necessary information is made available for the posting company and posted workers;
Amendment 460 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Access to information and advice for employees and businesses 1. Posted workers and posting businesses shall have an independent right to receive from the host Member State information and advice about the working conditions and terms of employment applicable, which must be provided in the EU official language of the worker’s choice. 2. Member States – in cooperation with the EURES network or other neutral specialised organisations – shall make bodies and agencies available to which workers and businesses affected can apply for information and advice and for support in securing respect for their rights. This shall apply both to host countries and to posting countries. The Commission shall support the Member States by establishing a network to link advisory agencies, and by providing information to them, throughout Europe.
Amendment 468 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying without delay to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 493 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise regarding the application of Article 3(10)implementation of Directive 96/71/EC.
Amendment 514 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a During the period of posting a worker to another Member State the inspection of the working conditions is the responsibility of the authorities of the host Member State. The host State can control on its own initiative and is not bound to any results or controls carried out by the authorities of the Member State of establishment.
Amendment 517 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the host Member State shall gather the data referred to in Article 9(1) and analyse them. The competent authorities of the Member State of establishment shall gather the relevant data with regard to the criteria referred to in Article 3(1) and with regard to the payment of social insurance contributions and taxes by the service- provider. Member States shall be required to report regularly to the Commission. The Commission shall summarise the reports in an appropriate form and publish them regularly.
Amendment 534 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingIn order to improve compliance with Articles 3 and 5 of Directive 96/71/EC, Member States should introduce administrative requirements and control measures, such as:
Amendment 547 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in the language of the host Member State at the latest at the commencement of the service provision, whereby the declaration may onlyust cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;identity of the posted worker, the place in the host Member State in which the documents referred to in (b) are kept, the name, forename and address in the host Member State of the person authorised to accept service and the sector to which the worker is to be posted; the employer shall be required to inform the competent authorities immediately of any change in this information.
Amendment 558 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wagescontaining the necessary terms of employment), payslips, time-sheets and proof of payment of wages, the A1 certificate by way of evidence of social insurance in the posting state or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as for example the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 573 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively into an official loang and standardised forms are generally used for such documentsuage of the Member State;
Amendment 579 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 620 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into accouthe enforcement directive and to guarantee its proper application and enforcement.
Amendment 642 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with Directive 96/71/EC are not discriminatory and/or disproportionate.
Amendment 648 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. If information is needed in the course of the inspections and in the light of the criteria in Article 3, the Member State where the service is provided and the Member State of establishment shall act in accordance with the rules on administrative cooperation, i.e. the competent authorities shall cooperate pursuant to the rules and principles laid down in Articles 6 and 7 of the enforcement directive.
Amendment 655 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/ECthe enforcement directive, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 18 #
2011/2293(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the importance of volunteering among and between all generations and its contribution to active ageing in terms of vitality and dignity, social involvement in all phases of life and a generation-friendly EU;
Amendment 40 #
2011/2293(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to make the European Skills Passport a reality as soon as possible and to work quickly to develop it into a European Volunteering Card;
Amendment 135 #
2011/2071(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is concerned that draft recommendations to member states under the European Semester contained to undermine the specific regulation of holidays and Sundays; asks the Commission and the Council to respect and support these achievements, especially for the work-family balance;
Amendment 4 #
2011/2048(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; emphasises, at the same time, that the application of procurement law to the provision of personal social services is often not the best way of ensuring optimum results for the users of the services in question; calls, therefore, for the recognition under EU law of proven Member State practices which offer an alternative to the application of procurement law, provided that they are based on the principle that all tenderers, irrespective of their legal form, who meet the pre-set statutory conditions are admitted to the tendering procedure and that in that procedure due account is taken of the principles of equal treatment, non-discrimination and transparency laid down in primary EU law;
Amendment 4 #
2011/2019(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, with a view to implementation of the European Year of Active Ageing and Intergenerational Solidarity (2012), as well as for reasons of transparency, for a budget line to be provided specifically for that purpose and financed by the Commission by means of transfers of appropriations from existing lines such as 04 03 07, ‘Analyses, studies and awareness raising on the social situation, demographics and the family’;
Amendment 86 #
2011/0371(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing ‘ERASMUS FOR ALLGENERATION EUROPE’ action, the Union Programme for Education, Training, Youth and Sport., the Elderly and Sport. (This amendment applies throughout the text. If adopted it will necessitate technical changes throughout the text.)
Amendment 87 #
2011/0371(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Communication from the Commission of 29 June 2011 "A Budget for Europe" calls for a single programme in the field of Education, Training, Youth, the Elderly and Sport, including the international aspects of higher education, bringing together the Lifelong Learning action programme established by Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006, and Youth in Action programme established by Decision No 1719/2006/EC of the European parliament and of the Council of 15 November 2006, Erasmus Mundus action programme established by Decision No 1298/2008/EC of the European Parliament and of the Council of 16 December 2008, ALFA III programme established by Regulation No 1905/2006/EC of 18 December 2006, TEMPUS and EDULINK programmes in order to ensure greater efficiency, a stronger strategic focus and synergies to be exploited between the various aspects of the single programme. In addition Sport is proposed as part of this single Programme.
Amendment 88 #
2011/0371(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The name ‘Generation Europe’ refers to the unifying element in all the existing sectoral programmes which seek to foster a sense of European identity and awareness of what European citizenship means through cross-border measures in the areas of general and vocational education, youth, lifelong learning, the elderly and active ageing and sport and thereby build on the objectives of the EU2020 Strategy by strengthening a ‘Generation Europe’ which unites all age groups in a readily understandable way.
Amendment 89 #
2011/0371(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Across all the educational sectors it covers, the Programme should contribute to the promotion of a sense of European identity and of European values, in accordance with Article 2 of the Treaty on European Union.
Amendment 90 #
2011/0371(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The interim evaluation reports of the existing Lifelong Learning, Youth in Action and Erasmus Mundus Programmes and the public consultation on the future of Union action in education, training and youth as well as in higher education revealed a strong and in some respects growing need for continuing cooperation and mobility in these fields at European level. The evaluation reports emphasised the importance of creating closer links between Union Programmes and policy developments in education, training and youth, youth and the elderly, expressed the wish that Union action should be structured so as to respond better to the lifelong learning and intergenerational dialogue paradigm, and pressed for a simpler, more user- friendly and more flexible approach to implementing such action and the end of the fragmentation of international higher education cooperation programmes.
Amendment 91 #
2011/0371(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The widespread recognition among the general public in Member States and participating third countries of the "Erasmus" brand name as a synonym of Union learner mobility pleads for a more extensive use of this brand by the main education sectors covered by the Programmeprogramme brings together many existing individual programmes which promote inter-generational, cross-border and lifelong learning - linked by the European value added of a stronger sense of European citizenship and identity. Irrespective of age and level of education, this will create a generation which learns to think and act European. This pleads for the main education sectors covered by the Programme to be combined under the brand name ‘Generation Europe’, which is striking in all the official languages.
Amendment 92 #
2011/0371(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The development of a programme entitled 'The Elderly in Action’ to support existing EU programmes, partnerships and initiatives in the area of active ageing should be fostered with a view to mobilising the target group of elderly people throughout Europe, ensuring that society makes better use of the many skills they have to offer, taking account of their needs and making progress in developing innovative ways of promoting a Europe- wide culture of active ageing and cross- border intergenerational solidarity.
Amendment 93 #
2011/0371(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The lessons learnt from the European Year of Active Ageing and Solidarity Between the Generations, the Commission’s demographic reports and the commitment to volunteering shown by older people demonstrate the importance of lifelong learning, mobility and participation in the life of society well beyond the end of a person’s professional life. Older people play a fundamental role in volunteering and social education in Europe. The Programme should take account of this fact by placing appropriate emphasis on relevant measures in the area of general and vocational education.
Amendment 98 #
2011/0371(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The programme should include a strong international dimension particularly as regards vocational education and training and higher education, not only to enhance the quality of European higher education in pursuit of the broader ET2020 objectives and the attractiveness of the Union as a study destination, but also to promote understanding between people and contribution to the sustainable development of higher education in the third countries.
Amendment 104 #
2011/0371(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The renewed European Agenda for Adult Learning included in Council Resolution of [….] aims at enabling all adults to develop and enhance their skills and competences throughout their lives, giving particular attention to improving provision for the high number of low- skilled Europeans targeted in Europe 2020 and to the older generations.
Amendment 105 #
2011/0371(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Programme aims in particular to achieve the objective set as part of the European Year of Active Ageing and Solidarity Between the Generations of creating a European culture of active ageing and mobility and social participation for the elderly as multipliers and active members of a subjectively experienced ‘Generation Europe’. With that aim in view, the Programme gives the topic a new, higher profile by establishing a corresponding programme in the area of general and vocational education.
Amendment 112 #
2011/0371(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Improved transparency of qualifications and competences and extended acceptance of Union tools should facilitate mobility throughout Europe for lifelong learning purposes, therefore contributing to the development of quality education and training, and will facilitate mobility for occupational purposes, between countries as well as across sectors. Opening up access for young students (including vocational and education and training students) and adult learners of all ages to methods, practices and technologies used in other countries will help to improve their employability in a global economy; it can also help making jobs with an international profile more attractive. In that connection, special attention should be paid to intergenerational dialogue and exchanges of experience.
Amendment 114 #
2011/0371(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The European Commission and the High Representative of the European Union for Foreign Affairs and Security policy, in their joint Communication on a new response to a changing Neighbourhood outlined, inter alia, the aim to further facilitate Neighbourhood countries’ participation in Union mobility and capacity building actions in education and higher education and the opening of the future education programme to Neighbouring countries.
Amendment 115 #
2011/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a Programme for Union action in the field of Education, Training, Youth, the Elderly and Sport called "Erasmus for AllGeneration Europe" (hereinafter referred to as "the Programme").
Amendment 118 #
2011/0371(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The Programme covers education at all levelsthe following fields: (a) general and vocational education, in a lifelong learning perspective, in particular Higherschool education, Vocational Education and Training and Adult learning, School Education and Youth, higher education, adult learning and learning and mobility in old age; (b) youth, in particular non-formal and informal learning; (c) sport, in particular grassroots sport.
Amendment 120 #
2011/0371(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. ItThe Programme includes an international dimension in accordance with Article 21 of the Treaty of the European Union and will also support activities in the field of sportimed at supporting the Union's external action, including the dissemination of European values worldwide and development objectives, through cooperation between the Union and third countries.
Amendment 122 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. "lifelong learning" means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting infostering an improvement in knowledge, skills and competences within a personal, civic, social and/or employment-related perspective and a sense of European identity, including the provision of counselling and guidance services;
Amendment 129 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. "learning mobility" means moving physically to a country other than the country of residence, in order to undertake study, training or other learning, including apprenticeships, traineeships and non- formal learning, or teaching or participating in a transnational professional development activity. It may include preparatory training in the host language. Learning mobility also covers youth exchanges, volunteering, intergenerational dialogue and transnational professional development activities involving youth workers;
Amendment 131 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. "Ccooperation for innovation and good practices" means transnational and international cooperation projects involving organisations active in the fields of education, training and/or youth and may include other organisations.;
Amendment 134 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. "Ssupport for policy reform" means any type of activity aimed at supporting and facilitating the modernizsation of education and training systems, and promoting the development of European citizenship, through the process of policy cooperation between Member States, in particular the Open mMethods of Coordination;
Amendment 135 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. "virtual mobility" stands for a set of information and communications technology supported activities, organized at institutional level, that realize or facilitate international, collaborative experiences in a context of teaching and/or learning irrespective of age;
Amendment 139 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
9a. "elderly persons" means persons aged 55 and above;
Amendment 143 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. "adult learning" means all forms of non-vocational adult learning at all stages of adult life, whether of a formal, non-formal or informal nature;
Amendment 152 #
2011/0371(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
28a. ‘grassroots sport’ means organised sport practised at local level by amateur sportspeople and sport for all.
Amendment 154 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) Their transnational character, in particular transnational mobility and cooperation aiming at long-termsustainable systemic impact;
Amendment 156 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) their positive impact on the European identity and further development of EU citizenship;
Amendment 157 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) their contribution to the promotion of common European values and the development of European citizenship, particularly among young people in Europe.
Amendment 159 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) Their complementarity and synergy with other regional, national, international and other Union programmes and policies, allowing for economies of scale and critical mass;
Amendment 161 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) The formation and strengthening of a European identity by means of education, encounters, involvement and sport as the basis for an active, vertical ‘Europe generation’ and the strengthening of EU citizenship.
Amendment 164 #
2011/0371(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The programme promotes European values, the development of a European conscience and participation in democratic life in Europe; social commitment and solidarity, including solidarity between generations, should also be promoted.
Amendment 166 #
2011/0371(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) Contributing to a successful transition from education to career, thereby helping reduce youth unemployment;
Amendment 167 #
2011/0371(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b b (new)
Article 4 – paragraph 2 – point b b (new)
(bb) The renewed framework for European Cooperation in the Field of Youth (2010-2018) and in particular the promotion of an active civil society and European citizenship in order further to develop solidarity, tolerance and intercultural cooperation among young people in Europe in order to strengthen the social cohesion of the European Union.
Amendment 182 #
2011/0371(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) To promote the emergence of a European lifelong learning area, trigger policy reforms at national level, support the modernisation of education and training systems, including informal and non- formal learning, and support European cooperation in the youth field, notably through enhanced policy cooperation, better use of recognition and transparency tools and the dissemination of good practices;
Amendment 197 #
2011/0371(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) transnational mobility of higher education and vocational training students, and young employees as well as of all young people involved in non-formal activities between the participating countries as referred in Article 18. This mobility may take the form of studying at a partner institution, traineeships abroad or participating in youth activities, notably volunteering. Degree mobility at Masters level shall be supported through the student loan guarantee facility as referred to in Article 14 (3).
Amendment 204 #
2011/0371(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. This action will also support the transnational mobility of students, young peoplevocational training students and young people, students of all ages and staff to and from third countries as regards higher education including mobility organised on the basis of joint, double or multiple degrees of high quality, language training and adult education or joint calls, as well as non-formal learning.
Amendment 237 #
2011/0371(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing "ERASMUS FOR ALLGENERATION EUROPE" The Union Programme for Education, Training, Youth and Sport (Text with EEA relevance)
Amendment 238 #
2011/0371(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The name ‘Generation Europe’ refers to the unifying element in all the existing sectoral programmes which seek to foster a sense of European identity and awareness of what European citizenship means through cross-border measures in the areas of general and vocational education, youth, lifelong learning, the elderly and active ageing and sport and thereby build on the objectives of the EU2020 Strategy by strengthening a ‘Generation Europe’ which unites all age groups in a readily understandable way.
Amendment 239 #
2011/0371(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Specific objectives 1. In accordance with the general aim, the youth programme shall pursue the following specific objectives, catering particularly for the needs of young people with limited opportunities for development, especially those dubbed NEET (‘not in education, employment or training’): (a) to promote intercultural learning, passing-on of values and tolerance in order to improve the level of key competences and skills of young people, including promoting the European awareness and European identity of young people who have fewer opportunities, and the spirit of enterprise among young people, as well as to promote their active membership of civil society in Europe and active participation in the labour market, their involvement in society, social inclusion and solidarity, notably through increased learning mobility opportunities for young people, those active in youth work or youth organisations and youth leaders, and through strengthened links between the youth field and the labour market; (b) to foster development, innovation, internationalisation and quality improvements in youth work, notably through enhanced further training and cooperation between organisations in the youth field and/or other stakeholders; (c) to support European cooperation and complement policy reforms at local, regional and national level in the youth field, the development of knowledge- and evidence-based youth policy and the recognition of non-formal and informal learning, notably through enhanced policy cooperation, better use of Union transparency and recognition tools and the dissemination of good practices; (d) to enhance the international dimension of activities in the youth field in complementarity with the Union's external action, notably through the promotion of mobility and cooperation between Union stakeholders and third- country stakeholders and international organisations in the youth field, and through targeted capacity-building in third countries. 2. For the purpose of evaluating the Programme, measurable and relevant indicators in relation to the specific objectives shall be adopted by the Commission in accordance with the examination procedure referred to in Article 30(2). The Commission shall take into account the indicators already established in the youth field.
Amendment 239 #
2011/0371(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Across all the educational sectors it covers, the Programme should contribute to the promotion of a sense of European identity and of European values, in accordance with Article 2 of the Treaty on European Union.
Amendment 241 #
2011/0371(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The widespread recognition among the general public in Member States and participating third countries of the ‘Erasmus’ brand name as a synonym of Union learner mobility pleads for a more extensive use of this brand by the main education sectors covered by the Programmeprogramme brings together many existing individual programmes which promote inter-generational, cross-border and lifelong learning - linked by the European value added of a stronger sense of European citizenship and identity. Irrespective of age and level of education, this will create a generation which learns to think and act European.
Amendment 242 #
2011/0371(COD)
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10b Informal and non-formal learning mobility and active involvement of individuals 1. ‘Informal and non-formal learning mobility and active involvement of individuals’ shall support: (a) the learning-oriented mobility of young people in non-formal and informal learning activities to one of the participating countries as referred to in Article 18. Such mobility may entail youth exchanges and voluntary work under the auspices of the European Voluntary Service (including preparatory visits and debriefing meetings); (b) the learning-oriented mobility of those active in youth work or youth organisations and youth leaders. Such mobility may involve seminars, training measures, other forms of support, capacity building and networking. 2. This action shall also support the international mobility of young people, those active in youth work or youth organisations and youth leaders, to and from third countries.
Amendment 244 #
2011/0371(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The lessons learnt from the European Year of Active Ageing and Solidarity Between the Generations, the Commission’s demographic reports and the commitment to volunteering shown by older people demonstrate the importance of lifelong learning, mobility and participation in the life of society well beyond the end of a person’s professional life. Older people play a fundamental role in volunteering and social education in Europe. The Programme should take account of this fact by placing appropriate emphasis on relevant measures in the area of general and vocational education.
Amendment 245 #
2011/0371(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The development of a subprogramme for older people, for example entitled ‘The Elderly in Action’, to support existing EU programmes, partnerships and initiatives in the area of active ageing should be fostered with a view to mobilising the target group of elderly people throughout Europe, ensuring that society makes better use of the many skills they have to offer, taking account of their needs and making progress in developing innovative ways of promoting a Europe-wide culture of active ageing and cross-border intergenerational solidarity.
Amendment 249 #
2011/0371(COD)
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
CHAPTER IIA Older people, active ageing and lifelong learning In accordance with the general aims, the education and training programme shall seek to develop a special ‘older people in action’ programme to support older people’s organisations and associations, organisations and institutions for older people which have made it their task to promote cross-border exchanges of older people, support their contribution to active civil society and, together with local, regional and national authorities, realise the concept of a Europe geared to the needs of all generations in cities and municipalities which are likewise so attuned. In addition, it shall be a support programme to mobilise older people throughout Europe to promote European citizenship and register the special needs of an ageing society in Europe, to find innovative solutions which promote throughout Europe a culture for active ageing and solidarity and dialogue between generations across borders - all this as a concrete, lasting result of the European Year of Active Ageing and Solidarity between Generations. The programme ‘Older people in action’ is intended - as part of the overall programme GENERATION EUROPE - to pave the way for involving older people’s organisations from local and regional level more effectively in tangible, grassroots implementation of the European Innovation Partnership on Active and Healthy Ageing in order, jointly and practically, to develop the concept of a Europe geared to the needs of all generations as part of the Europe 2020 Strategy. It should support the establishment of a European alliance for active ageing and democratic change, to provide local and regional authorities with a forum in which they may develop by 2020, in conjunction with older people’s organisations and the EU, innovative approaches to a Europe geared to the needs of all generations.
Amendment 256 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. In accordance with the expected value added of the three types of actions as referred to in Article 6(1), and with the principles of critical mass, concentration, efficiency and performance, the amount indicated in Article 13(1.a) will be indicatively allocated as follows:Subject to Article 13(1)(a), the implementation of the Programme shall not result in an allocation to the main education and training and lifelong learning sectors of less than: Higher education: 25% Vocational education and training: 15% School education: 7% Adult education: 5% - Education for older people: 3%
Amendment 269 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 1
Article 16 – paragraph 4 – indent 1
Amendment 271 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 2
Article 16 – paragraph 4 – indent 2
Amendment 274 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 3
Article 16 – paragraph 4 – indent 3
Amendment 276 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 4
Article 16 – paragraph 4 – indent 4
Amendment 278 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. ‘Europe over-55 Generation - older people in action’, associated with the education of older people and their mobility beyond the labour market;
Amendment 280 #
2011/0371(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Any public and private body, organisation, church, social partner, undertaking, particularly SMEs, or informal group active in the areas of education, training, youth and grassroots sport may apply within this Programme.
Amendment 280 #
2011/0371(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
Amendment 312 #
2011/0371(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. ItThe Programme includes an international dimension in accordance with Article 21 of the Treaty of the European Union and will also support activities in the field of sport. designed to support the Union's external action, including the dissemination of European values worldwide and development objectives, through cooperation between the Union and third countries.
Amendment 328 #
2011/0371(COD)
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. "Ssupport for policy reform" means any type of activity aimed at supporting and facilitating the modernizsation of education and training systems, and promoting the development of European citizenship, through the process of policy cooperation between Member States, in particular the Open mMethods of Coordination;
Amendment 365 #
2011/0371(COD)
Proposal for a regulation
Article 3 – paragraph 2 - point c a (new)
Article 3 – paragraph 2 - point c a (new)
(ca) their direct and indirect contribution to the process of fostering common European values and the further development of European citizenship.
Amendment 382 #
2011/0371(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The programme promotes European values, the development of an awareness of European identity and participation in democratic life in Europe; social commitment and solidarity, including solidarity between generations, should also be promoted.
Amendment 413 #
2011/0371(COD)
Proposal for a regulation
Article 5 – point d a (new)
Article 5 – point d a (new)
(da) In accordance with the general aims, in the area of general and vocational education the Programme shall seek to support organisations which have made it their task to promote cross-border exchanges of older people, support their contribution to active civil society and, together with local, regional and national authorities, realise the concept of a Europe geared to the needs of all generations in cities and municipalities which share this aim. It shall clear the way for the local and regional levels to be involved more effectively in the tangible, person-centred implementation of the European Innovation Partnership for Active, Healthy Ageing and for the practical development of the concept of a Europe geared to the needs of all generations as part of the Europe 2020 Strategy.
Amendment 463 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - title (new)
Article 5 a (new) - title (new)
Article 5a Specific objectives in the field of education and training
Amendment 464 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - introductory wording (new)
Article 5 a (new) - introductory wording (new)
In addition to the objectives of the programme set out in Articles 4 and 5, the programme shall pursue the following specific objectives in the field of education and training:
Amendment 465 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - introductory wording (new)
Article 5 a (new) – point 1 (new) - introductory wording (new)
1. The "Adult Education" sub- programme shall pursue the following specific objectives in the area of adult learning:
Amendment 466 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a (new)
Article 5 a (new) – point 1 (new) - point a (new)
(a) to strengthen European participation among adult learners, including seniors, particularly through mobility projects between Member States;
Amendment 467 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a a (new)
Article 5 a (new) – point 1 (new) - point a a (new)
(aa) to promote the continuous acquisition of knowledge and participation in learning among adults, particularly the low-skilled and the low- qualified, by developing a culture of lifelong learning;
Amendment 468 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a b (new)
Article 5 a (new) – point 1 (new) - point a b (new)
(ab) to promote the work-life-learn balance;
Amendment 469 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a c (new)
Article 5 a (new) – point 1 (new) - point a c (new)
(ac) to promote the development of effective lifelong guidance systems;
Amendment 470 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a d (new)
Article 5 a (new) – point 1 (new) - point a d (new)
(ad) to promote validation of non-formal and informal learning;
Amendment 471 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a e (new)
Article 5 a (new) – point 1 (new) - point a e (new)
(ae) to promote active, autonomous and healthy ageing;
Amendment 472 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) – point 1 (new) - point a f (new)
Article 5 a (new) – point 1 (new) - point a f (new)
(af) to look for innovative solutions and subprogrammes which promote throughout Europe a culture for active ageing and solidarity and dialogue between generations and across borders.
Amendment 752 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
Subject to point (a) of paragraph 1 and in order to ensure that the funding levels allocated to the main categories of stakeholders and beneficiaries will not be reduced below the levels guaranteed by the Lifelong Learning, Youth in Action and Erasmus Mundus programmes for the 2007-2013 period, allocation among the main educational sectors shall not be less than:
Amendment 753 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new) – point i (new)
Article 13 – paragraph 3 – subparagraph 1 a (new) – point i (new)
(i) [30 %] to higher education;
Amendment 754 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new) – point ii (new)
Article 13 – paragraph 3 – subparagraph 1 a (new) – point ii (new)
(ii) [20%] to vocational education and training;
Amendment 755 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new) - point iii (new)
Article 13 – paragraph 3 – subparagraph 1 a (new) - point iii (new)
(iii) [12 %] to school education;
Amendment 756 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new) – point iv (new)
Article 13 – paragraph 3 – subparagraph 1 a (new) – point iv (new)
(iv) [10% ] to adult education, including the elderly;
Amendment 757 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new) – point v (new)
Article 13 – paragraph 3 – subparagraph 1 a (new) – point v (new)
(v) [12%] to youth;
Amendment 464 #
2011/0281(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 991 #
2011/0281(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Aid in the hops sector 1. The Community shall finance a payment to producer organisations in the hops sector recognised under Article 106 to fund measures to achieve the aims referred to in that Article. 2. The annual Community financing for the payment to producer organisations shall be EUR 2 277 000 for Germany. 3. The Commission shall adopt implementing provisions for this Section.
Amendment 1290 #
2011/0281(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Certification for hops 1. Products of the hops sector, harvested or prepared within the Community, shall be subject to a certification procedure. 2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. The certificates shall indicate at least: (a) the place(s) of production of the hops; (b) the year(s) of harvesting; (c) the variety or varieties. 4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued. In the case of imported products of the hops sector, the attestation provided for in Article 128a(2) shall be deemed to be equivalent to the certificate. 5. Measures derogating from paragraph 4 may be adopted by the Commission: (a) in order to satisfy the trade requirements of certain third countries; or (b) for products intended for special uses. The measures referred to in the first subparagraph shall: (a) not prejudice the normal marketing of products for which the certificate has been issued; (b) be accompanied by guarantees intended to avoid any confusion with those products.
Amendment 1916 #
2011/0281(COD)
Proposal for a regulation
Article 129 a (new)
Article 129 a (new)
Article 129a Imports of hops 1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those applicable to similar products harvested in the Community or made from such products. 2. Products shall be regarded as meeting the quality standards referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 59a. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation shall be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. The equivalence of the attestations shall be verified in accordance with detailed rules adopted by the Commission.
Amendment 337 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage, in accordance with Article 5 of Regulation (EU) No [...], adequate participation of and access by non-governmental organisations to actions supported by the ESF,and to the preparation, implementation, monitoring and assessment of the programmes supported by the ESF, in particular by means of effective measures and notably in the fields of social inclusion, gender equality and equal opportunities, the managing authorities of an operational programme in a region as defined in Article 82(2)(a) and (b) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount2 % of ESF resources is allocated to capacity-building for, in the form of training and networking measures, and to joint measures taken by non- governmental organisations.
Amendment 111 #
2011/0196(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure coherence between the different exemptions set out in Article 13 of Regulation (EC) No 561/2006, and to reduce the administrative burden on transport undertakings whilst respecting the objectives of that Regulation, the maximum permissible distances set out in its Articles 13(d), (f) and (p) should be revised and the words ‘with a maximum permissible mass not exceeding 7.5 tonnes’ deleted. .
Amendment 329 #
2011/0196(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Regulation (EC) No 561/2006
Article 13 – paragraph 1
Article 13 – paragraph 1
The distance of ‘50 km’ referred to in points (d), (f) and (p) of Article 13(1) is replaced by ‘1050 km’.
Amendment 335 #
2011/0196(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Regulation (EC) No 561/2006
Article 13 – paragraph 1
Article 13 – paragraph 1
In Article 13, paragraph 1, point (d) the wording ‘with a maximum permissible mass not exceeding 7.5 tonnes’ is deleted.
Amendment 3 #
2010/2300(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Joint Communication (COM(2011)200) for a partnership for democracy and shared prosperity with the Southern Mediterranean, and with particular reference to the concept ‘more for more’,
Amendment 6 #
2010/2300(INI)
Motion for a resolution
Recital B
Recital B
B. whereas many donors consider general and sectoral budget support as a means of fostering partner countries’ ownership of development policies and reform processes, strengthening national accountability institutions and systems, and facilitating growth, poverty reduction and the achievement of development objectives,
Amendment 7 #
2010/2300(INI)
Motion for a resolution
Recital B
Recital B
B. whereas many donors consider budget support as a means of fostering partner countries’ ownership of development policies and lasting reform processes, strengthening national accountability institutions and systems, and facilitating growth, poverty reduction and the achievement of development objectives,
Amendment 8 #
2010/2300(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 9 #
2010/2300(INI)
Motion for a resolution
Recital C
Recital C
C. whereas budget support helps to overcome the weaknesses of the traditional project-based approach (high transaction costs, fragmented parallel systems) and thus increase the coherence and efficiency of EU measures, aims which are stressed in the Lisbon Treaty,
Amendment 12 #
2010/2300(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas effective promotion of development takes place on the ground and whereas local and regional projects for the use of appropriations in the recipient country should receive special attention,
Amendment 13 #
2010/2300(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, despite the risks mentioned by the European Court of Auditors in its reports on budget support, the ‘dynamic approach’ in the general conditionality of budget support is still a very important instrument of political dialogue; whereas budget support must nevertheless under no circumstances be considered as a ‘blank cheque’ but rather here too the principle of providing assistance while also demanding an input and the idea of ‘more for more’ should apply,
Amendment 14 #
2010/2300(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the definition of ‘political dialogue’ must consistently include the involvement and strengthening of democratically elected parliaments,
Amendment 17 #
2010/2300(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, pursuant to Article 2(3) of the Lisbon Treaty, it is an objective of the European Union to work for a sustainable social market economy, and whereas this should also apply with reference to development policy and relations under the neighbourhood policy,
Amendment 20 #
2010/2300(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative through the Green Paper on budget support, which is aimed principally at promoting the development of partner countries from within, and calls for the numerous types of undesirable development and the wastage of money, which in recent years in which budget support was provided happened at the expense of European taxpayers and in most cases did not result in any penalties, to be exposed and in future also prevented by means of independent assessment and appropriate penalties (e.g. by means of a percentage deduction from future instalments);
Amendment 29 #
2010/2300(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the Union has a responsibility to pass on its experience to other institutional stakeholders, in particular at the High-Level Forum on Aid Effectiveness in Busan;
Amendment 30 #
2010/2300(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that budget support should not primarily and exclusively serve the purpose of a rapid outflow of appropriations;
Amendment 32 #
2010/2300(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the dynamic approach to budget support adopted by the Commission and a majority of budget support providers entails a number of serious risks which must be duly taken into account;
Amendment 37 #
2010/2300(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need to strengthen both the Commission’s monitoring mechanisms and parliamentary scrutiny in countries in receipt of budget support; stresses also that optimum, independent procedures must be established for auditing the public finances of recipient countries as a precondition for any disbursement of funds;
Amendment 46 #
2010/2300(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the prominent role of donor organisations in supporting partner countries in their capacity development and the positive influence of local project aid on reducing poverty and promoting inclusive growth and sustainable development in partner countries;
Amendment 49 #
2010/2300(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the central importance, particularly in the context of budget support, of capacities in the fields of public finance, tax authorities and economic policy, bolstering governance capacities (at central-government and regional level) and the scrutiny function of civil society, parliament and supervisory bodies (e.g. courts of audit);
Amendment 51 #
2010/2300(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the development of a viable fiscal administration and a comprehensive tax infrastructure to be made one of the highest priorities of budget support and for this to be assisted both financially and structurally by means of an additional initiative with the title ‘DEVETAX 2020’ in the context of budget support funding;
Amendment 53 #
2010/2300(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that major deficiencies in capabilities, in particular weak governance, are liable to deprive many developing countries of budget support; observes that aid can quickly become an excessive burden;
Amendment 60 #
2010/2300(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes the view that, in principle, MDG contracts are an example of high- quality, results-oriented budget support (long-term, predictable, targeted at social sectors, etc.); calls accordingly on the Commission to publish an assessment of MDG contracts in 2011 and to look into the feasibility of extending them to a larger number of countries;
Amendment 63 #
2010/2300(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission also to publish the conditionalities and performance indicators in Country Strategy Papers on the occasion of the mid-term review and in particular to stress the aspect of country-specific adequacy;
Amendment 66 #
2010/2300(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to show greater consistency at national and Community level as regards development aid policy; calls on the Member States to make use of the European External Action Service to strengthen their coordination with the Commission as regards budget support so as to avoid duplication and inconsistency;
Amendment 29 #
2010/2239(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Appreciates the holistic approach adopted by the Green Paper, which – taking particular account of the subsidiarity principle - is intended to impart fresh impetus at national and EU level with the aim of safeguarding old-age pensions;
Amendment 105 #
Amendment 138 #
2010/2239(INI)
Motion for a resolution
Paragraph 9 – indent 1 (new)
Paragraph 9 – indent 1 (new)
- notes that inter-generational justice and the interests of the young generation must be central aspects of a strengthened coordination method for the further development of national pension policies on the basis of cooperation between the Member States;
Amendment 193 #
2010/2239(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the Commission’s proposals to improve the social protection of consumers and investors in the internal market in capital-based retirement pension products and to increase market transparency by introducing uniform standards and clear product-description rules;
Amendment 194 #
2010/2239(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Agrees with the Commission that, in the context of sustainable development, the term ‘pension’ should be defined as forms of provision which meet stringent social standards, for example in terms of security and rules governing access; emphasises the importance of a distribution system which guarantees people regular payments in retirement and of secure, sustainable arrangements governing capital-based pension provision under the second and third pillars;
Amendment 274 #
2010/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that, for older employees performing physically and/or mentally demanding work, a labour market geared to flexibility and security must offer creative solutions such as greater flexibility in the statutory retirement age, part-time pensions or adapted working conditions, with the emphasis on ability to work, to strike a lasting balance between the requirements of employment and the capacities of workers; considers there to be a need for an active policy to prevent discrimination on grounds of age which should promote a European culture of active ageing and make it possible for older people to lead a life of vitality and dignity;
Amendment 335 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Is convinced that the European internal market for old-age pension products represents unity in diversity and intergenerational solidarity, that no ideal, universal pension model exists, that even new solvency rules laid down in a directive must be based on acceptance of this and that the main focus must be on products available which are of international significance, as greater legislative efficiency in European implementation must not result in powers being exceeded so as to encroach on the powers of national governments;
Amendment 337 #
2010/2239(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls for grandfathered status for existing arrangements and agreements on the social responsibility of businesses;
Amendment 379 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States the importance of second-pillar and third- pillar pension provision has been recognised, and that it must also be ensured that such provision meets European conditions and criteria applicable to second-pillar provision – while guaranteeing that the criteria take into account the diversity of social, legal and economic framework conditions for pension systems;
Amendment 390 #
2010/2239(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that, with an eye to the future, changes in the provisions affecting second-pillar and third-pillar products, in the interests of intergenerational solidarity, should be applied to new agreements;
Amendment 430 #
2010/2239(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Advocates the introduction of socially responsible, transparent and consumer friendly product-description rules for capital-based retirement pension products in the European internal market;
Amendment 47 #
2010/0242(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The growing proportion of older people in Europe makes it more important than ever to promote healthy ageing for all and, in particular, for older persons, supporting their vitality and dignity. Healthy ageing is the process of optimising opportunities for physical, social and mental health to enable older people to take an active part in society without discrimination and to enjoy an independent life of good quality. Healthy ageing can also help raise labour market participation of older people, enable them to be active in society for longer, improve their individual quality of life and curb the strains on health and social care systems.
Amendment 57 #
2010/0242(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The Council adopted on 8 June 2009 Conclusions on ‘Equal opportunities for women and men: active and dignified ageing’, which recognises that, throughout the EU, older women and men face serious challenges as they seek to live active lives and to age with dignity, and proposes a number of measures to Member States and the Commission inter alia to promote active ageing policies, taking into account the different situations in the various Member States and the different challenges faced by women and men.
Amendment 65 #
2010/0242(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The opinions drawn up by the European Economic and Social Committee and the Committee of the Regions also stress the importance for Europe of a culture of active ageing. One particular aspect of this concerns cross- generational health care and protection from what the Economic and Social Committee refers to as age-related disorders in its opinion on ‘The impact of population ageing on health and welfare system’ of 15 July 2010 ______________ 1 OJ C 44, 11.2.2011, p.10.
Amendment 94 #
2010/0242(COD)
Proposal for a decision
Article 1
Article 1
The year 2012 shall be designated as the European Year for Active Ageing (hereafter referred to as ‘the European Year’). The Year's subheading shall be: 'Fostering the vitality, dignity and solidarity of generations.'
Amendment 128 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) to encourage an exchange of ideas at European level on the importance of prevention as a separate health policy issue, with particular emphasis on age- related disorders.
Amendment 130 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) Overall better recognition of and support for the contribution of older people to economic and social development in Europe, with particular recognition of their experience as explicit added value for economy and society.
Amendment 156 #
2010/0242(COD)
Proposal for a decision
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
The theme of the European Year will be a priority in the communication activities of the Representations of the Commission in the Member States and in the work programmes of relevant key European level networks benefiting from support for their running costs from the Union budget.
Amendment 69 #
2010/0209(COD)
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the conditions of entry to and residence for more than three months in the territory of the Member States of third-country nationals and of their family members in the framework of an intra- corporate transfer;
Amendment 71 #
2010/0209(COD)
Proposal for a directive
Article 1 – point b
Article 1 – point b
(b) the conditions of entry to and residence for more than three months of third- country nationals, referred to in point (a), in Member States other than the Member State which first grants the third- country national a residence permit on the basis of this Directive.
Amendment 91 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receivingreceives general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 116 #
2010/0209(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Individual sectors may be excluded from the scope of this Directive where the social partners in the sector concerned agree to make a corresponding request in an official social dialogue procedure.
Amendment 131 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall require that all conditions in the law, regulations or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer. Particular attention shall be paid to consistency with Directive 96/71/EC.
Amendment 151 #
2010/0209(COD)
Proposal for a directive
Article 14 – introductory part
Article 14 – introductory part
Whatever the law applicable to the employment relationship, intra-corporate transferees shall be entitledsubject to:
Amendment 157 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted pursuant to this Directive.
Amendment 159 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted pursuant to this Directive, paying particular attention to Directive 96/71/EC.
Amendment 165 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – introductory part
Article 14 – point 2 – introductory part
equal treatment with nationals of the host Member State including, but not exclusively, as regards:
Amendment 189 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Article 16(1) and (2) shall not apply in the case of sectors which predominantly do not operate on a stationary basis, including related economic activities under NACE codes. The social partners shall apply for and regulate exemptions within the framework of the social dialogue.
Amendment 190 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate trainees. In the case of managers only, the duration of the transfer may be extended by a maximum of one year.
Amendment 2 #
2009/2219(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the European Union to uphold the principles of managed and fair trade, rejecting protectionism or any attempt to undermine the legitimate comparative advantages of developing countries that do not undermine human and trade union rights, but applying a different interpretation of WTO Article XXIV to allow for the. Furthermore, the possibility should be created of exemption ofng vulnerable manufacturing and other sectors from trade agreements where this is justified;
Amendment 5 #
2009/2219(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Confirms that due attention must be paid in all trade agreements must requireto ensure that all parties to have ratified and effectively implemented the core conventions of the ILO Declaration on Fundamental Rights and Principles, and that the Sustainable Development chapter has the same binding status as the market access provisions and is subject to the same dispute-settlement mechanism;
Amendment 15 #
2009/2219(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the use of Sustainability Impact Assessments, but deplores failures to act fully on their findings, as in west Africa; in the case of Colombia; emphasises the EU's leverage to pursue concrete improvements in respect for labour and human rights in advance of trade agreements, as well as during their implementation;
Amendment 20 #
2009/2219(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that current and future trade agreements are being negotiated in the context of an economic depression; that off-shoring accounts for a high proportionmay include the risk of job losses; and that EU trade policy should seek to prevent an excessive or over-rapid decline in EU market share and employment levels in any given sector; calls for trade agreements to be concluded in the light of the scope for the EU's Globalisation Adjustment Fund to provide adequate assistance towards restructuring;
Amendment 24 #
2009/2219(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the EU's trade negotiations to promote obligations as well as rights for investors and businesses, as laid down in the 'Heiligendamm Process’, and for trade agreements to require compliance withtake due account of the OECD Guidelines on Multinational Enterprises, the ILO Tripartite Declaration on Multinational Enterprises and Social Policy, the UN Global Compact and the Recommendations of the UN Special Representative on Business and Human Rights;
Amendment 28 #
2009/2219(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for complaints about social problems to be the subject of independent expert decisions, follow-up and review;
Amendment 29 #
2009/2219(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 32 #
2009/2219(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 2 #
2009/2201(INI)
Draft opinion
Recital A
Recital A
A. whereas corporate and social responsibility (CSR) is a concept whereby companies on a voluntary basis incorporate social and environmental concerns into their business strategy and their interaction with stakeholders,
Amendment 11 #
2009/2201(INI)
Draft opinion
Recital E
Recital E
E. whereas trade unions have a key role inn important role in promoting CSR,
Amendment 34 #
2009/2201(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 45 #
2009/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the promotion of CSR internationally, and calls on the Commission to integrate CSR better in its trade policies and to draw up more binding rules for European companies operating in developing countries directly or through subcontractors;
Amendment 28 #
2008/0195(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivhauliers should beremain excluded from the scope of Directive 2002/15/EC.
Amendment 29 #
2008/0195(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Self-employed entrepreneurs are not as yet subject to working time restrictions in any sector. One of their hallmarks is freedom to choose their working hours in a responsible manner. This freedom should be upheld in all sectors.
Amendment 33 #
2008/0195(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Nevertheless, it is desirable that Member States continue to alert self- employed drivhauliers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns.
Amendment 96 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
1. Member States shall organise a system of appropriate and regular monitoring and controlsppropriate monitoring in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 83 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 86 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. With regard to the last four weeks of the period laid down in paragraph 1, a national entitlement to family leave can be seen as maternity leave within the meaning of this Directive, if the national rules guarantee a level of protection for workers within the meaning of Article 2 which is in line with the level laid down in the Directive. In that case the whole period of entitlement to leave must exceed the period laid down in Directive 96/34/EC. Pay for the last four weeks of maternity leave must not be less than the allowance under Article 11(3). Alternatively it can be equivalent to the average pay during the 18 weeks of maternity leave, which must be at least 67% of the last monthly salary or an average monthly salary under national law; national law can provide for an upper limit. The Member States may lay down the periods to be taken into account for calculating the average monthly salary.
Amendment 88 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before orleave of six weeks before and eight weeks after childbirth.
Amendment 103 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 106 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to self- employed workers.
Amendment 112 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent..
Amendment 119 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 92/85/EEC
Article 11 – paragraph 1a
Article 11 – paragraph 1a
1a. workers, within the meaning of Article 2, who are excluded from work by their employer who considers them not fit for work without medical indication supplied by the worker, shall,must consult a doctor on their own initiative. If the doctor certifies the women as fit to work, either the employer must employ them again as normal, or until the beginning of the maternity leave in the sense of Article 8(2), they shall receive a payment equivalent to their full salary.
Amendment 130 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
Article 12 a
Amendment 136 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 92/85/EEC
Article 12 c
Article 12 c
Member States shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Penalties may comprise payment of compensation, which may not be limited by the fixing of a prior upper limit, and must be effective, and proportionate and dissuasive.
Amendment 137 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/EEC
Article 12 d
Article 12 d