914 Amendments of Ole CHRISTENSEN
Amendment 287 #
2018/0210(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Apart from the eligible measures already mentioned, other areas related to fisheries and aquaculture should be possible for the EMFF to support including the support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks, notably seals and cormorants
Amendment 288 #
2018/0210(COD)
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34b) Apart from the eligible measures already mentioned, other areas related to fisheries and aquaculture should be possible for the EMFF to support including the compensation for damage to catches caused by mammals and birds protected by EU legislation, notably seals and cormorants
Amendment 294 #
2018/0210(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) In accordance with Recital 3of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation') "recreational fisheries can have a significant impact on fish resources and Member States should therefore, ensure that they are conducted in a manner that is compatible with the objectives of the CFP." However recreational fisheries cannot be managed properly without robust and recurring collection of recreational fisheries data as stressed by the Motion for European Parliament Resolution on the state of play on recreational fisheries in the European Union (2017/2120 INI).
Amendment 370 #
2018/0210(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 15 a (new)
Article 3 – paragraph 2 – point 15 a (new)
(15 a) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport.
Amendment 373 #
2018/0210(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 15 b (new)
Article 3 – paragraph 2 – point 15 b (new)
(15b) ‘recreational fisheries sector’ means all segments of recreational fisheries and the businesses and jobs dependant on or generated by these fisheries.
Amendment 814 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b a (new)
Article 22 – paragraph 2 – point b a (new)
(b a) protecting gear and catches from mammals and birds protected by Directives 92/43/EEC or 2009/147/EC, provided that it does not undermine the selectivity of the fishing gear.
Amendment 821 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f a (new)
Article 22 – paragraph 2 – point f a (new)
(f a) Schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC
Amendment 825 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f b (new)
Article 22 – paragraph 2 – point f b (new)
(f b) Support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks
Amendment 907 #
2018/0210(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
The EMFF may support the collection, management and use of data to improve the knowledge on the state of the marine environment, recreational fisheries and recreational fisheries sector with a view to:
Amendment 910 #
2018/0210(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(a a) fulfilling data collection requirements under Commission Regulation (EC) No. 665/2008, Commission Decision(2010/93/EU), Commission Implementing Decision (EU) 2016/1251 and Regulation 2017/1004 of the European Parliament and of the Council.
Amendment 911 #
2018/0210(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(b a) fulfilling data collection requirements under Regulation (EU) No 1380/2013.
Amendment 219 #
2018/0202(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 6
Article 8 – paragraph 1 – subparagraph 6
The design of the coordinated package of personalised services shall anticipate future labour market perspectives and required skills. The coordinated package shall be compatible with the shift towards a resource-efficient and sustainable economy, and shall also focus on the dissemination of skills required in the digital industrial age and take into account the demand on the local labour market as well as the possibility of reintegrating workers into the occupational sector of their former employment, where a major restructuring event has created a need for new or supplementary skills, and where existing skills can be utilised most efficiently.
Amendment 344 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
By derogation to the first subparagraph for fisheries referred to in the first and third indents of Article 15(1)(a) of Regulation (EU) No 1380/2013 which are landed unsorted, the tolerance limitations set out in this paragraph shall not apply to catchkept on board fresh and landed unsorted, masters of Union fishing vessels may alternatively in their fishing logbook indicate all quantities of each species which meet both of the following conditions:caught in these fisheries and kept on board above 10 percent of live-weight equivalent of the total catch caught and kept on board fresh and unsorted.
Amendment 346 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
Amendment 347 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
Amendment 395 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EC) No 1224/2009
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 397 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EC) No 1224/2009
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
Amendment 492 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EC) No 1224/2009
Article 34 – subparagraph 1a (new)
Article 34 – subparagraph 1a (new)
Such a request will not prohibit Member States from the possibility of using year- to-year flexibility of the quota.
Amendment 515 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 37 a (new)
Article 1 – paragraph 1 – point 37 a (new)
Regulation (EC) No 1224/2009
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 525 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 3– point a
Article 50 – paragraph 3– point a
(a) all gears carried on board are lashed and stowed during the transit; and
Amendment 526 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 3 – point b
Article 50 – paragraph 3 – point b
Amendment 527 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43 a (new)
Article 1 – paragraph 1 – point 43 a (new)
Regulation (EC) No 1224/2009
Article 52
Article 52
(43a) Article 52 Trigger catch in two hauls 1. Where the quantity of catches exceeds a trigger catch level in two consecutive hauls, the fishing vessel shall change the fishing area by at least five nautical miles, or two nautical miles for fishing vessels of less than 12 metres’ length overall, from any position of the previous haul before continuing fishing and shall inform without delay the competent authorities of the coastal Member State. 2. The Commission in accordance with the procedure referred to in Article 119, at its own initiative or at the request of the Member State concerned, may modify distances referred to in paragraph 1. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1224&from=EN)is deleted Or. en
Amendment 573 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 3
Article 56a – paragraph 3
3. By way of derogation from paragraph 2, quantities of fishery products totalling less than 30kg of fishery products of several species or per species and coming from the same relevant geographical area and of the same presentation, per vessel and per day, may be put into the same lot by the operator of the fishing vessel, the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer, prior to the placing on the market.
Amendment 586 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Without prejudice to traceability requirements set out in Regulation (EC) No 178/2002, lots of fishery or aquaculture products shall be traceable at all stages of production, processing and distribution, from catching or harvestlanding to retail stage, including fisheries and aquaculture products which are destined for export.
Amendment 608 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 1
Article 59a – paragraph 1
1. Member States shall ensure that procedures are in place to enable that all fishery products are weighed upon landing on systems approved by the competent authorities and that weighing is carried out by operators registered for the weighing of fisheries products.
Amendment 624 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Masters shall ensure that all quantities of fishery products are weighed per species on weighing systems and by operators registered pursuant to Article 59a immediately after landing, prior to the fishery products being held in storage, transported or placed on the market.
Amendment 629 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 5 – point a
Article 60 – paragraph 5 – point a
(a) The weighing of the unsorted fishery product is performed upon landing on a system operated or controlled by the competent authorities before transport, storage or placing on the market;an independent 3rd part operator approved by the competent authorities before placing on the market, when the catch is landed directly to a processing facility located in the landing harbour.
Amendment 630 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
(ca) The weighing of unsorted fishery product which upon landing is transported to a processing facility, shall be carried out on an approved weighing system before the catch leaves the harbour, if the harbour has approved weighing systems. If no approved weighing system exist in the harbour, the unsorted catch should be weighed on nearest approved weight.
Amendment 634 #
2018/0193(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 5 – point c b (new)
Article 60 – paragraph 5 – point c b (new)
(cb) By way of derogation from (d) if no approved weighing system exists in the landing harbour, the unsorted catch may be transported to a processing facility, where the weighing will take place. The derogation is only for unsorted catches of a maximum of 40 tonnes. The unsorted catch being transported may only consist of landings from a single vessel or two vessels carrying pair fisheries.
Amendment 836 #
2018/0193(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Regulation (EC) No 2016/1139
Article 12 and 13
Article 12 and 13
Amendment 3 #
2017/2120(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas it is important to evaluate and regulate individually the different fishing methods, or segments of recreational described in the ICES 2013 definition;
Amendment 4 #
2017/2120(INI)
Motion for a resolution
Recital B
Recital B
B. whereas it is important to understand the difference between recreational fisheries and, semi-subsistence fishing, because the two should be evaluated and regulated separatelysemi-commercial and commercial fishing because the EU's two-tier system requires that semi-subsistence fishing and semi-commercial fishing should be evaluated and regulated as either recreational or commercial fishing;
Amendment 12 #
2017/2120(INI)
Motion for a resolution
Recital C
Recital C
C. whereas without a clear legal distinction between recreational fisheries and, semi-subsistence and semi-commercial fishing, certain illegal, unreported and unregulated (IUU) fishing may go undetected by falling under those two categories; not being counted and regulated as commercial fishing;
Amendment 19 #
2017/2120(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in order to properly manage any type of fishing activity, including recreational fisheries, reliableobust data collection and time series are required in order to assess the impact on fish stocks and on the environment;
Amendment 35 #
2017/2120(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the estimated number of marine recreational fishermen in the EUurope stands at between 8.7 and 9 million people, or 1.6 % of the European population, who fish for an estimated 77 million days each year;
Amendment 39 #
2017/2120(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the estimated economic impact of European marine recreational fisheries (without the value of tourist fisheries) is EUR 10.5 billion, comprising EUR 5.1 billion direct, EUR 2.3 billion indirect and EUR 3.2 billion induced expenditure. EU alone: EUR 8.4 billion (comprising EUR 4.2 billion direct, EUR 1.8 billion indirect and EUR 2.5 billion induced expenditure);
Amendment 40 #
2017/2120(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
Amendment 42 #
2017/2120(INI)
Motion for a resolution
Recital M
Recital M
M. whereas marine recreational fisheries supports an estimated 10099 000 full- time equivalent jobs in the EU(FTEs) in Europe, comprising 57 000 direct, 18 000 indirect and 24 000 induced jobs, and generating an average economic value of EUR 49 000 per year per full-time equivalent job (including NorwayFTE; EU alone: 84 000 FTEs (50 000 direct, 15 000 indirect and 20 000 induced jobs);
Amendment 45 #
2017/2120(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the estimated percentage contribution to total catches by maritime recreational fisheries ranges widely, depending on the targeted species – from 1.8 % for mackerel to 13-72 % for the European eel;
Amendment 49 #
2017/2120(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the evaluation of the impact of recreational fisheries on fish stocks includes the retention of catches and the mortality rates of released fish; whereas the survival rate of fish caught by rod and line (catch and release fishing), in most instances is higher than equivalent rates for fish caught with other gear and by other practices and should thus be taken into consideration;
Amendment 54 #
2017/2120(INI)
Motion for a resolution
Recital P
Recital P
P. whereas owing to the poor state of Northern sea bass and Western Baltic cod stocks, recreational fisheries have been included in recovery plans, by setting bag limitsrestrictions have been introduced at EU-level by setting bag limits or forbid retention (sea bass), in order to help recover these stocks;
Amendment 58 #
2017/2120(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. as salmon return to their natal waters, ideally they should only be targeted in the river systems where efficient control and enforcement is possible, whereas targeting salmon at sea indiscriminately removes salmon from both healthy as well as vulnerable populations;
Amendment 61 #
2017/2120(INI)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Amendment 105 #
2017/2120(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 194 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.
Amendment 248 #
2017/0355(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In the spirit of Principle 5 of the European Pillar of Social Rights, it is necessary to specifically prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship such as zero- hour contracts. Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours. Member States should ensure that the employers pay a premium for non-guaranteed hours of work.
Amendment 268 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different, provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Threon minimum standards set in Chapter Three of this Directive can be adapted and/or complemented for the pursuit of the purpose of this Directive. Member States should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in that cChapter III, as long as the overall level of protection of workers is not lowered.
Amendment 333 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 519 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided in writing individually to the worker in the form of a document at the latest on the first day, prior to the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and the labour inspectorate, its receipt is acknowledged, and it can be stored and printed.
Amendment 759 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or pra, with the consent of the most representative social partners at national level, allow social partners to conclude collective agreements, at the appropriate level, adapting and/or complementing the provisions of Chapter III of this Directicve, in a manner which, while respectingl take account of the specific needs of the oversociall protection of workers, establish arrangements concernartners concerned while respecting the minimum requirements laid down ing the working conditions of workers which differ from those referred to in Articles 7 to 11is Directive, or to uphold existing collective agreements if they respect the overall level of protection.
Amendment 790 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employthe worker shas failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:ll benefit from favourable legal presumptions defined by the Member State.
Amendment 792 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 802 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 808 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions.
Amendment 811 #
2017/0355(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within the term imposed by the competent authority, following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. Provisions of this mechanism are without prejudice to any judiciary procedure or labour inspectorate action.
Amendment 31 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatore requirements for engagement in the occupation of road transport operator should apply equally.
Amendment 36 #
2017/0123(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2.7 to 5.2 billion in 2020-2035.
Amendment 54 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary for the proper functioning of the European road haulage market to tackle letterbox companies. Decisive action is necessary in this context, to put an end to this practice, including enhanced cooperation, joint controls, the setting of targets and exchange of best practice between Member States.
Amendment 55 #
2017/0123(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The road transport sector is currently faced with a shortage of professional drivers, particularly among young people and women. It is imperative that additional action is taken to make it easier and more attractive for young people and women to access the market, while also retaining those currently employed in the sector. To this end, fraudulent work and precarious work must be reduced, by efforts made to combat the abuse of fixed-term contracts, traineeship status used to replace regular work contracts and bogus self- employment.
Amendment 58 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 67 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a sufficient, minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 72 #
2017/0123(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblecontinually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.
Amendment 77 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple, fair and easy to enforce, while broadly maintaining the level of liberaleading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation achieved so fars are applied at the commencement of cabotage operations.
Amendment 87 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and iIn order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. In order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of daysamount of time available for such operations in that Member State should be reduced.
Amendment 98 #
2017/0123(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
Amendment 107 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deletedreplaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes;
Amendment 115 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 125 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(2) in Article 3, paragraph 2 is deleted; replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.
Amendment 126 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point (a)
Article 5 – point (a)
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking, in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 133 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage theeffectively and regularly, a substantial part of transport operations carried out withusing the vehicles referred to in point (b) within the Member State of establishment and provide parking spaces proportionate to the size of the fleet of the vehicles and the appropriate technical equipment situated in that Member State;;
Amendment 136 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and employ staff proportionate to the activityies of the establishmentundertaking;
Amendment 143 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) The following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.
Amendment 152 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)
Article 6 – point b – point xii a (new)
(xiia) cabotage
Amendment 163 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used. In addition, undertakings shall demonstrate that they have at their disposal an amount proportionate to one month's wage per mobile worker at the level of the country where they habitually carry out their activity;
Amendment 167 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1071/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 168 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(8) in Article 12(2), the second subparagraph is deleted;replaced by following; 'Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3'
Amendment 179 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) the number of employees, their names, nationality, country of residence, Member State of social contribution and social insurance number;
Amendment 187 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2
Article 16 – Paragraph 2
(ia) the following point (ca) is added: ' (ca) the names and all relevant information of the road transport undertakings previously managed by the transport managers; '
Amendment 190 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';
Amendment 192 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a b (new)
Article 1 – paragraph 1 – point 11 – point a b (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2 – point c
Article 16 – Paragraph 2 – point c
(ab) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions asrequirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1071)
Amendment 198 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WIn relation to paragraphs 1 and 2, where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within tenfive working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 200 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-fivefifteen working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;
Amendment 205 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 211 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 216 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1072/2009
Article 3
Article 3
Amendment 229 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member Stateto or from a haulier's Member State of establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract;
Amendment 241 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – Paragraph 4
Article 8 – Paragraph 4
Amendment 242 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle, and presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (the eCMR).* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide theadditional evidence referred to in paragraph 3.
Amendment 248 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 8 a (new)
Article 8 a (new)
(5a) the following Article 8a is added: ' Electronic Notification Road transport undertakings shall, by way of an electronic notification or in writing ahead of each cabotage operation performed, ensure that the competent authorities of all Member States are duly informed of the cabotage operation and relevant information necessary in order to allow for effective control of cabotage operations, at the latest at the commencement. This notification shall be made in one of the official languages of the host member state, or into another acceptable language, and shall include the following information: (i) the name of the consignor; (ii) the estimated duration of the operation; (iii) the driver's name, his country of residence, his country of social contributions and social insurance number; '
Amendment 252 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 259 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 26 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 38 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 262 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may be performed in conjunction with checks carried out in accordance with Directive 2006/22/EC of the European Parliament and of the Council. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.
Amendment 269 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for effective and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.
Amendment 15 #
2017/0122(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 22 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 32 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations In order to secure decent working compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is alsonditions, it is necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long, and ensure that drivers have both the opportunity and the means to return home on a regular basis.
Amendment 42 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate private accommodation paid for by the employer for their regular weekly rest periods if they are taken away from home.
Amendment 56 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should include the use of vehicles for the transport of goods with a permissible mass of less than 3,5 tonnes.
Amendment 64 #
2017/0122(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the digital tachograph in registered vehicles. The digital tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 71 #
2017/0122(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to guarantee effective enforcement when carrying out roadside checks, the competent authorities should be able to observe whether the rules regarding driving and rest time periods have been complied with on the day of the check and over the preceding 56 days.
Amendment 76 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonne-1) in Article 2(1), point (a) is replaced by the following "(a) of goods, or"
Amendment 82 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – point h
Article 3 – point h
(h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;
Amendment 91 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – point r a (new)
Article 4 – point r a (new)
(2a) In Article 4, the following point is added: “(ra) “home” means the place of residence of the driver in a Member State.”
Amendment 107 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – point 6 – subparagraph 1
Article 8 – point 6 – subparagraph 1
Amendment 124 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or followbe taken before or as an extension of a regular weekly rest period of at least 45 hours as one continuous rest period.;
Amendment 133 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate private sleeping and sanitary facilities;
Amendment 139 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or any weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home or at another private location chosen by the driver. Where drivers do not have weekly rests of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks., the drivers shall be able to spend at least one regular weekly rest period at home or at another private location chosen by the driver within each period of three consecutive weeks. The drivers journey to and from home shall be either provided or paid for by the employer, and the driver shall be compensated equivalently where another private location is chosen. Time spend traveling to and from home or to and from a private location can not be considered as rest;
Amendment 157 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) in Article 10, paragraph 1 is replaced by the following: "1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to fast delivery, distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation..”;
Amendment 173 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 182 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 1 – point i
Article 36 – paragraph 1 – point i
(2a) in Article 36(1), point (i) is replaced by the following: "(i) the record sheets for the current day and those used by the driver in the previous 2856 days,”;
Amendment 183 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) In Article 36(1), point iii is replaced by the following: "(iii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006.”;
Amendment 184 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 2 – point ii
Article 36 – paragraph 2 – point ii
Article 2c In Article 36 (2), point ii is replaced by the following: "(ii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006,”;
Amendment 24 #
2017/0121(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 41 #
2017/0121(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure that Directive 96/71/EC relating to the posting of drivers in the road transport sector and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers are correctly applied, controls and cooperation at Union level to combat fraud relating to the posting of drivers should be strengthened, and stricter checks should be carried out to ensure that social contributions for posted drivers are actually paid.
Amendment 52 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. __________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 54 #
2017/0121(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive in the highly mobile road transport sector, raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. However, taking into account that the transport sector is one of the most vulnerable sectors, the protective minimum provisions of Directive 96/71/EC must be applied to all workers. __________________ 17 COM(2016)128
Amendment 57 #
2017/0121(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in the Union, working conditions should be significantly improved in order to increase the attractiveness of the profession.
Amendment 58 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 69 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be establishCabotage operations as defined, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entiry Regulations 1072/200918 and 1073/200919 are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 75 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a hostbetween the transport operation and the Member State. T wherefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88) the transport operator is registered. Therefore, it should be established that only international carriage operations beginning and ending in the Member State where the transport operator is registered should be exempt from the application points (b) and (c) in directive 96/71/EC. All other international carriage operations and cabotage operations as defined by Regulation 1072/200918 should be covered by points point (b) and (c) in directive 96/71/EC for the entire operation. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).
Amendment 92 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersDirective 96/71/EC in the transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph, which has to be introduced on a mandatory basis by 2 January 2020, at the latest.
Amendment 105 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 115 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
(-a) in the first subparagraph of paragraph 1, the introductory part is replaced by the following: “1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EEC) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2):”
Amendment 116 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) upon reasonedspecific request by a Member State in individual cases.
Amendment 122 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25five working days from the receipt of the request in cases requiring in- depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 123 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 126 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Amendment 127 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 129 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.s;
Amendment 131 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessible to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 132 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
Article 9 – paragraph 5 a
(ca) the following paragraph is added: 5a. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-day period shall be introduced on all vehicles engaged in international transport and cabotage by 2 January 2020.
Amendment 133 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 151 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 153 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-day period shall be introduced on all vehicles engaged in international transport and cabotage by the 2nd of January 2020, at the latest.
Amendment 163 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 164 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar monthse are limited to operations that start from the Member State where the road transport operator is registered directly to another Member State followed by one unloading and/or one loading in that Member State within 48 hours and a straight return to the Member State where the road transport operator is registered, not including cabotage operations or any other type of operations in other Member States.
Amendment 187 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 193 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 daysinternational carriage operations are performed between Member States other than the Member State where the road transport operator is registered, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 216 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 249 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyin particular impose the following administrative requirements and control measures:
Amendment 254 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) For each posted driver and each posting, an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest two years after the publication of the Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
Amendment 266 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivinformation about the posted drivers including at least the following: the identify, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security numbers;
Amendment 284 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paroad transport oper ator electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.to provide the driver with the following documents for the purpose of road side checks:
Amendment 289 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
i) a copy of the posting declaration in paper or electronic form;
Amendment 291 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
ii) evidence of the transport operation taking place in the host Member State as refereed in the legal act amending Regulation (EC) No1072/2009 of the European Parliament and the Council;
Amendment 293 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
Article 2 – paragraph 4 – point b – point iii (new)
iii) the electronic CMR;
Amendment 295 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
Article 2 – paragraph 4 – point b – point iv (new)
iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
Amendment 297 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
Article 2 – paragraph 4 – point b – point v (new)
v) a copy of the pay slips for the past two months, in paper or electronic form;
Amendment 299 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 305 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 314 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 327 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of timefive days of the request;
Amendment 334 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2(4)(a), (b) and (f) shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
Amendment 341 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six months.To prove that the provisions of Directive 96/71/EC and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of workers are met, the competent authorities of the host Member State shall verify the following during roadside checks:
Amendment 344 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point a (new)
Article 2 – paragraph 5 – point a (new)
(a) the tachograph data of the current day and that of the past 56 days;
Amendment 345 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point b (new)
Article 2 – paragraph 5 – point b (new)
(b) the electronic consignment notes of the current day and the past 56 days;
Amendment 346 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – point c (new)
Article 2 – paragraph 5 – point c (new)
(c) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
Amendment 347 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The roadside check authorities shall transmit all information referred to in Article 2 paragraph 5 (a) (b) and (c) to the competent authorities of the host Member State, for an assessment of compliance with the legal acts referred to in paragraph 5.
Amendment 350 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. The competent authorities in the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No 1071/2009.
Amendment 351 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 to the national electronic registers established by Regulation(EC) No 1071/2009, to posting declaration and to any other relevant databases.
Amendment 40 #
2017/0004(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Committees work is vital to a responsible policy process. The Committees work should be made public for the sake of transparency and evidence-based policymaking. If the Committees work is to be reorganised, dedicated resources for the work must be guaranteed and specific expertise on epidemiology, toxicology, occupational medicine and occupational hygiene shall not be lost.
Amendment 48 #
2017/0004(COD)
Proposal for a directive
Recital 5
Recital 5
(5) There is sufficient evidence of the carcinogenicity of oils that have been used before in internal combustion engines to lubricate and cool the moving parts within the engine. These used engine oils are process-generated and therefore they are not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council57 . The CommitteeSCOEL identified the possibility of significant uptake through the skin for these oils, assessed that occupational exposure occurs through the dermal route and strongly recommended the establishment of a skin notation. The ACSH has agreed on an entry of used engine oils in Annex I to Directive 2004/37/EC while agreeing that the route of exposure of concern is the skin. It is therefore appropriate to include work involving exposure to oils that have been used before in internal combustion engines to lubricate and cool the moving parts within the engine in Annex I to Directive 2004/37/EC and to set out a skin notation in Part B of Annex III to Directive 2004/37/EC indicating the possibility of significant dermal uptake. __________________ 57 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).
Amendment 52 #
2017/0004(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
Amendment 55 #
2017/0004(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) For new technology with significantly reduced diesel engine exhaust and elemental carbon mass concentrations, elemental carbon may not be an equally useful exposure indicator. Nitrogen dioxide is likely to be a more relevant exposure indicator for new technology diesel engine exhaust. Since the age and type of engines and exhaust after-treatment systems applied vary within and between workplaces, it may be appropriate to set an occupational exposure limit value for diesel exhaust both as respirable elemental carbon and as nitrogen dioxide. Both of these values should be fulfilled at a workplace where diesel engines are applied. Although data allowing a direct comparison of the carcinogenic potential of the diesel engine exhaust emitted by new technology and older technology diesel engines are not available, the significant reduction of the diesel engine exhaust mass concentration in exhaust from new technology diesel engines is expected to reduce the lung cancer risk (per kWh). This is supported by the findings from a single set of animal studies showing reduced or negligible in vivo lung genotoxicity and oxidative DNA damage after inhalation exposure to diesel exhaust from new technology diesel engines. Determination of relevant exposure indicators for new technology diesel engine exhaust, including consideration of the particle size distribution and different particle exposure metrics (e.g. number vs mass concentration) would be valuable. In addition, it is important to compare the hazard per mass unit of diesel engine exhaust from new and older technology diesel engines. Further information would also be needed on exposure levels at workplaces where new diesel engines are in use.
Amendment 59 #
2017/0004(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Certain polycyclic aromatic hydrocarbons (PAHs) mixtures, including those containing benzo[a]pyrene, meet the criteria for classification as carcinogenic (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008 and therefore are carcinogens as defined in Directive 2004/37/EC. The CommitteeSCOEL identified the possibility of significant uptake through the skin for these mixtures. The ACSH has agreed on the importance of introducing an occupational exposure limit value for PAHs and has recommended to carry out the work to evaluate the scientific aspects with the view to proposing an occupational exposure limit value at some time in the future. It is therefore appropriate to set out a skin notation in Part B of Annex III to that Directive 2004/37/EC indicating the possibility of significant dermal uptake and to carry out further investigations to set a limit value for benzo[a]pyrene in order better to protect workers from polycyclic aromatic hydrocarbons mixtures.
Amendment 87 #
2017/0004(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2004/37/EC
Article 18 a – paragraph 2 a (new)
Article 18 a – paragraph 2 a (new)
(-1) In Article 18a, the following paragraph is added: “The Commission shall, as part of the next evaluation of the implementation of this Directive in the context of the evaluation referred to in Article 17a of Directive 89/391/EEC, also assess the possibility to set a limit value for benzo[a]pyrene in order to better protect workers from polycyclic aromatic hydrocarbons mixtures. The Commission shall propose, where appropriate, necessary amendments and modifications related to that substance.”.
Amendment 93 #
2017/0004(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2004/37/EC
Annex I – point 5 b (new)
Annex I – point 5 b (new)
(1a) In Annex I, the following point is added: “5b. Work involving exposure to diesel engine exhaust emissions”
Amendment 115 #
2017/0004(COD)
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
Directive 2004/37/EC
Annex III – Part A – row 14 h (new)
Annex III – Part A – row 14 h (new)
- - Diesel 0,057a - - - - - engine exhaust emission s ____________________ 7a measured as elemental carbon
Amendment 116 #
2017/0004(COD)
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
Directive 2004/37/EC
Annex III – Part A – row 14 h (new)
Annex III – Part A – row 14 h (new)
- - Diesel - 0,057b - 17b - - engine exhaust emission s ____________________ 7b measured as nitrogen dioxide
Amendment 118 #
2017/0004(COD)
Proposal for a directive
Annex I – paragraph 3
Annex I – paragraph 3
Directive 2004/37/EC
Annex III – Part B – column 3 – row 1
Annex III – Part B – column 3 – row 1
Polycyclic aromatic hydrocarbons mixtures, including those containing benzo[a]pyrene, which are carcinogens within the meaning of the Directive.
Amendment 5 #
2016/2229(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 8 #
2016/2229(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 1 #
2016/2228(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the United Nations Convention on the Law of the Sea was adopted by Third United Nations Conference on the Law of the Sea in December 1982, and entered into force in November 1994 to establish a treaty regime to govern activities on the world’s oceans;
Amendment 2 #
2016/2228(INI)
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas Saami, Nenets, Khanty, Evenk, Chukchi, Aleut, Yupik and Inuit cultures need to be protected as reflected in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP);
Amendment 5 #
2016/2228(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas it is important to differentiate between the Arctic high seas in which no commercial fisheries activities are currently taking place, and the adjacent Arctic Region in which regional negotiation fora for fisheries management have already been established;
Amendment 20 #
2016/2228(INI)
Draft opinion
Recital E f (new)
Recital E f (new)
Ef. whereas Articles 4 and 5 of the United Nations Framework Convention on Climate Change Paris Agreement require parties to sustainably manage and take action to conserve sinks and reservoirs of greenhouse gases, such as the oceans;
Amendment 21 #
2016/2228(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls that Arctic changes have worldwide implications, particularly in view of the fact that adverse effects of global warming occur at a much faster pace in this vulnerable environment;
Amendment 26 #
2016/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the rights to land and natural resources are an important part of the culture and survival of indigenous peoples in the Arctic;
Amendment 87 #
2016/2095(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to articles 151-156 of the Treaty on the Functioning of the European Union,
Amendment 144 #
2016/2095(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas social dialogue can contribute positively to growth, employment and competitiveness; whereas the Union is obliged to recognise and promote the role of the social partners, facilitate dialogue between the social partners and respect their autonomy according to TFEU 152;
Amendment 151 #
2016/2095(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Commission must consult the social partners before taking any action in the social policy field, according to Article 154 TFEU;
Amendment 176 #
2016/2095(INI)
Motion for a resolution
Paragraph 1 – 1 a (new)
Paragraph 1 – 1 a (new)
-1a. Calls for the European Pillar of Social Rights to include but not be limited to an introduction of a social protocol in the case of a treaty change or revision; highlights that such a protocol would clarify that neither economic freedoms nor competitions rules shall have priority over fundamental social rights and social progress, in case of conflict, social rights shall take precedence;
Amendment 200 #
2016/2095(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls the obligation of all participating parties, including the EU institutions, to fully respect and promote the autonomy of social partners at national level, national collective bargaining systems as well as national labour market models and traditions, including the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices; underlines the respect for the Member States’ competence and national labour law, in particular the governance of legal or contractual provision concerning employment conditions, working conditions and the relationship between employers and workers; stresses the exclusive competence of the Member States to define the legal concepts of ‘worker’ and ‘employment’ under the EPSR in accordance with their national labour law;
Amendment 233 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. CRecalls for the enactment of a directive on fair working conditions for all forms of employment, ensuring for every worker a core set of enforceable rightsthe core set of enforceable rights guaranteed to every worker, individually or collectively, which Member Sates apply in accordance with national and EU law, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, freedom of association and representation, the right to strike, collective bargaining, collective action, access to education and training, and adequate information and consultation rights; underlines that this directive should apply to employees as well as to all workers in throughout subcontracting chains, and a prospect of stabilising the working relationship as open-ended employment after a certain period of time; calls for effective enforcement of the existing EU law ensuring fair working conditions for every worker; underlines that this EU aquis also should apply to non-standard forms of employment, such asincluding but not limited to fixed-term work, part-time work, and on-demand work, self-employment, crowd-working, internship or traineeship; requests that the EU acquis be updated accordingly so as to apply to all workersin the light of changes in the labour market while respecting the competence of the Member States to define the legal concepts of ‘worker’ and ‘employment’;
Amendment 283 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for decisive steps towards legal certainty on what constitutes ‘employment’, also for work intermediated by digital platformInvites the Member States to take decisive steps to promote increased legal certainty on what constitutes ‘employment’, also for work especially in the light of digitalisation and changing labour market conditions; underlines that open- ended employment contracts should remain the norm given their importance for socio-economic security; calls for the directive on fair working conditions to include relevant minimum standards to be ensured inemphasises the need to ensure that existing standards also apply to more precarious and atypical forms of employment, in particular:;
Amendment 323 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
b. for workrecognition of an employment relationship between the worker and intermediated bying digital platforms, a definition of employment that is less dependent on full cumulation of the relevant criteria where such a relation de facto exists under national labour law;
Amendment 366 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. EIs concerned about the declining labour share of total income in Europe over the past decades; emphasises the need for renewed upward social convergence in wages throughout the EU; calls on the Commission to actively support a wider coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; in order to boost demand, enable sustainable growth and reduce inequality; calls on the Commission and Member States to respect the autonomy of the social partners and actively support a wider coverage for collective bargaining; while respecting national labour market models; considers that to ensure decent wages, national minimum wages can be introduced, where social partners want them; with due respect for the practices of each Member States and set with the involvement of social partners, recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respective national average wage;
Amendment 490 #
2016/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is aware that rising life expectancy and workforce shrinking pose a challenge to the sustainability of pensions systems and to intergenerational fairness; reaffirms that the best response is to increase the overall employment rate; reiterates the need to close the current pension gap between men and women around 39% by ensuring equal pay for equal work and increased labour participation by women; considers that pensionable ages should reflect, besides life expectancy, other factors including labour market trends, the economic dependency ratio, the birth rate and differences in job arduousness;
Amendment 574 #
2016/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers access to quality and affordable long-term care services, including home-based care, to be a right that should be upheld with the help of suitably qualified professionals employed under decent conditions; believes that low- income households should therefore be targeted by adequate public services and tax deductions; repeats its call for legislation on carers’' leave accompanied by adequate remuneration and social protection;
Amendment 613 #
2016/2095(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for legislation to ensure that access to social housing for adequate housing benefits are provided for those in needll , obviously including homeless people, and that vulnerable people, families and poor households are protected against eviction; calls for tax incentives to help young people on low incomes set up their own households; calls for greater use of the EFSI, ERDF and ESF to support urban renewal and affordable housing provision;
Amendment 687 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Is alarmed at the spread of precariousness arising from the excessive use of ‘'atypical’' contracts especially effecting women and migrants; stresses the importance of ensuring sufficient institutional and budgetary capacities to provide adequate protection for people in non-standard forms of employment; considers in particular that:
Amendment 728 #
2016/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for full implementation of the Youth Guarantee for all people under 3025 and of the recommendation on the long- term unemployed; highlights these as important structural reforms and social investments that are in need of adequate financing;
Amendment 738 #
2016/2095(INI)
Motion for a resolution
Paragraph 21 – subparagraph 1 (new)
Paragraph 21 – subparagraph 1 (new)
Stresses the importance of access to formal, informal and non-formal education for underrepresented groups; encourages the Commission to promote and support the social dimension of education as part of the EPRS;
Amendment 747 #
2016/2095(INI)
Motion for a resolution
Paragraph 22 – introductory part
Paragraph 22 – introductory part
22. Considers that decisive progress is urgently needed in the area of gender equality and work-life balance; welcomes the social partners attempt to reach agreement on better reconciliation of work, private and family life and gender equality to reduce the gender pay gap, as stated in the European Social Partners Work programme 2015-2017; encourages the Commission to consider, in particular:
Amendment 819 #
2016/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that labour mobility within the EU is a right whose exercise must be supported but which should not be forced on workers by poor conditions in their home regions, and should not undermine host countries’ social standards; stresses the principal of equal pay for equal work;
Amendment 859 #
2016/2095(INI)
Motion for a resolution
Paragraph 26 – introductory part
Paragraph 26 – introductory part
26. Considers that the objective of upward social convergence should be underpinned by a set of targets, building on the Europe 2020 strategy and the, Sustainable Development Goals and the Eurofound metrics of 'job quality' serving to guide the coordination of economic, employment and social policies in the EU; believes that these targets could also form part of the Convergence Code currently being discussed for the euro area, and could be based on the following indicators which are directly affected by public policies:
Amendment 923 #
Amendment 959 #
2016/2095(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for a ‘'silver rule’' on social investment to be applied when implementing the Stability and Growth Pact, namely to consider certain public social investments havingthat have a clear positive impact on economic growth (e.g. childcare or education and training) as being eligible for favourable treatmentin the short and long-term as being excluded when assessing government deficits and compliance with the 1/20 debt rule;
Amendment 990 #
2016/2095(INI)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Reiterates its call for the raevising of the MFF 2014-20 ceilings in order to cope with increased needs; calls, in particular, for:
Amendment 1069 #
2016/2095(INI)
Motion for a resolution
Paragraph 32 – point b
Paragraph 32 – point b
Amendment 20 #
2016/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of fighting illegal exports from Europe of glass eels and European sturgeon used in caviar trafficking;
Amendment 1 #
2016/2062(INI)
Draft opinion
Recital A
Recital A
A. whereas 4.7 million jobs in the Union are generated by air transport and airportdirectly (1.9 million) and indirectly (2.8 million) generated by air transport, the manufacturing industry and airports; whereas a further 917,000 jobs elsewhere in the global economy are supported by the European aviation industry; whereas despite the fact that the aviation market in the Union has been booming in the period 2000-2013 with passenger traffic growing by 47%, the number of jobs in aviation remained stable or has even declined in some subsectors;
Amendment 4 #
2016/2062(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas new business and employment models have emerged due to the increased internationalisation, liberalization and global competition;
Amendment 7 #
2016/2062(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the deterioration of working conditions is ubiquitous in the aviation industry in Europe1a ; whereas some airlines offer cadets a position at deplorable conditions, or even resort to pay-to-fly schemes where the pilot actually pays the airline to fly revenue- earning flights; _________________ 1aGlobal Topic on Decent Work, International Labour Organization
Amendment 9 #
2016/2062(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas more than one pilot out of six surveyed in the Ghent study1b is facing atypical employment conditions; i.e. working through a temporary work agency, as self-employed, or on a zero- hour contract with no minimum pay guaranteed; whereas the low fare airlines are by far the largest users of atypical employment; _________________ 1bY. Jorens, D. Gillis, L. Valcke & J. De Coninck, "Atypical Forms of Employment in the Aviation Sector", European Social Dialogue, European Commission, 2015
Amendment 10 #
2016/2062(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas greater diversification in contracts can be a tool for more flexibility, it can also be misused for rule shopping to avoid social security contributions and reduce taxes for companies; whereas atypical employment is particularly widespread among young pilots, exposing them to precarious working conditions and preventing a new generation from stable access to jobs in the aviation sector; whereas some types of atypical employment have a negative impact on safety, competition, wages, health and safety and quality standards;
Amendment 11 #
2016/2062(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the mobile and transnational nature of aviation makes it difficult to detect social abuses and circumvention of labour standards and impossible to tackle the problems solely at a national level;
Amendment 12 #
2016/2062(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas the European social partners, in their Joint Declaration against EU-based Flags of Convenience in Aviation, called on the European legislators to take urgent action to prevent the development of EU-based flags of convenience in aviation, or the importing of non-EU flags of convenience in the sector;
Amendment 13 #
2016/2062(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
Ag. whereas unfair competition like unlawful state aid and non-compliance with international labour standards from carriers in the Gulf States and other third countries destroys quality jobs and growth in Europe;
Amendment 15 #
2016/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s communication on ‘An Aviation Strategy for Europe’; stresses that action is needed to reinforce the social agenda and maintain high-quality jobs in aviation; believes that ensuring a level playing field in the sector is crucialand eliminating social dumping in the sector is crucial and should therefore be included in the aviation strategy; encourages the Commission to focus on creating a fair and sustainable future for civil aviation in Europe and internationally;
Amendment 31 #
2016/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of strong, independent social partners in the aviation sector, an institutionalised social dialogue at all levels and the participation of employees in company matters; underlines that the rights to form and to join a trade union are fundamental rights insists on a proper consultation process and strengthened social dialogue ahead of any EU initiative concerning the Unionaviation sector;
Amendment 35 #
2016/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes attempts by the social partners to negotiate an agreement on the working conditions and social rights of employees in the European aviation sector; encourages them to negotiate collective agreements in all parts of the aviation sector in line with national laws and practices, as they are an effective instrument in combating a race to the bottom regarding social, working and employment standards and in ensuring decent remuneration for all workers;
Amendment 38 #
2016/2062(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers the decrease in unionisation to be a potential threat to the social dialogue and to working conditions in European aviation; underlines that the rights to form and to join a trade union are fundamental rights in the Union and must be guaranteed; rejects any attempts to reduce the right to strike;
Amendment 39 #
2016/2062(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Draws attention to a number of instances of unfair competition in the aviation sector; recalls that unfair competition can contribute to the degradation of working conditions; calls on the responsible authorities to adequately sanction any misconduct in this regard;
Amendment 40 #
2016/2062(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges the Commission, Member States, social partners and other stakeholders to closely and continuously monitor the development of the working conditions in civil aviation; calls on Member States to increase efforts to tackle bogus self-employment and unfair competition in the aviation sector;
Amendment 41 #
2016/2062(INI)
2e. Believes the European Aviation Safety Agency (EASA) must be able to scrutinize the development of new business and employment models in civil aviation in order to ensure the safety of passengers and staff; insists that EASA involves the social partners in this task;
Amendment 43 #
2016/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that direct employment must remain the usual formfull time, open-ended contracts and direct employment must remain the standard model of employment in aviation; recommends a limitation of temployment in aviation in order to ensure safetyorary contracts for example by requiring that a specific, high proportion of workers of airlines with an EU Air Operator’s Certificate (AOC) must be directly employed, in order to ensure safety, social standards and organisational stability; calls on the Commission to come forward with an impact assessment of such a proposal;
Amendment 59 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to come forward with legislative initiatives to prevent flags of convenience, rule shopping and unfair competition in aviation, including a ban on zero-hours contracts and pay-to-fly schemes in European commercial aviation;
Amendment 61 #
2016/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a clarification of the ‘home base’ criterion in order to ensure that it determines applicable social, employment and taxation legislation for all aircraft operations of carriers holding an EU Air Operator Certificate (AOC), both in the internal market and in international operations; stresses that the definition of home base must be identical or similar to what is commonly termed work place in other labour legislation; takes the view that if a person actually works for an airline, this company must be regarded as an employer in relation to applicable law on social security, irrespective of whether the person is self- employed, subcontractor, temporary staff member or contract worker; believes that no employee should be in doubt on where they are entitled to social security;
Amendment 65 #
2016/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. SDemands that all aircrew from third countries fully comply with EU/EASA licensing requirements in order to be allowed to operate EU-registered aircrafts; stresses the need to prevent social dumping and possible illegal use of foreign workeraircrew from third countries on board EU- registered planes; calls in this context on the Commission to extend the application of the Single Permit Directive (2011/98 EU) to mobile workers in civil aviation; recalls that crew from third countries have the same rights in terms of labour protection and working conditions as EU based crew;
Amendment 78 #
2016/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a clarification of the concept of 'economic entity' to extend the benefits of Directive 2001/23 to ground handling workers in case of call for tender or partial loss of activities;
Amendment 84 #
2016/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that any agreements in the field of EU External Aviation Policy must include respect for human rights and fundamental ILO conventions, social protection and effective means of enforcement;
Amendment 85 #
2016/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that requirements on third-country airlines operating to and from airports in the Union today are non- enforceable or even non-existent; insists that unfair competition from third- country airlines, due to e.g. direct and indirect state aid, subsidies or exploitation of workers, is effectively addressed and that existing tools to counter unfair competition are thoroughly evaluated and where necessary updated; firmly believes that as long as fair competition clauses, including respect of workers' rights, are not applied in air transport agreements with third countries, the rights to operate in the Union should be limited;
Amendment 89 #
2016/2062(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to invest in education and training in all parts of the aviation value chain, as the success of European aviation is highly dependent on skilled workers and innovation; calls on the Commission and the Member States to ensure sufficient public and private investments in research and development in the aviation sector; highlights in this context the role of other parts of the aviation value chain such as manufacturing of aircraft, engines and their components, service provision, ground handling, air traffic management, which are of high importance for employment and growth; firmly believes that the role of these sectors must be further addressed in the aviation strategy;
Amendment 101 #
2016/2062(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to establish a certification system for educational centres that provide training for cabin crew in order to enhance safety and security;
Amendment 102 #
2016/2062(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Supports the efforts to create a single air space management regime for the EU; is convinced that involvement of employees in the further modernisation of the air traffic management organisations and its implementation will improve this process;
Amendment 104 #
2016/2062(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Reminds the Commission that the Single European Sky (SES) liberalisation process and in particular the performance scheme for the Air Navigation Service Providers (ANSP) should not be carried out to the detriment of the working conditions of the highly skilled operational personnel, nor lead to cuts on investments in new technology and education of new personnel; encourages the Commission to consider how to avoid this development, since it does not serve the goal of a better, more effective and more productive air traffic service in Europe;
Amendment 106 #
2016/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Member States to guarantee all workers in the aviation sector decent working conditions, including health and safety at work., regardless of the size and type of company which employs them, the place of employment or the underlying contract; stresses the need for uniform rules on occupational health and safety in the aviation sector; supports the idea of making all aircraft with an EU Air Operator’s Certificate subject to regular oversight regarding occupational health and safety;
Amendment 114 #
2016/2062(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to put in place enhanced mechanisms to prevent social abuses and circumvention of labour standards including facilitating whistle blowing, open reporting and cooperation between Member States' labour inspectorates;
Amendment 118 #
2016/2062(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Urges the Commission and Member States to ensure better implementation and enforcement of the existing Union legislation in the aviation sector.
Amendment 17 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 17 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection as the committee responsible, to propose rejection of the Commission proposal.
Amendment 102 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), in order to ensure a sufficient link to the Member State of employment the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Amendment 107 #
2016/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 365 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), in order to ensure a sufficient link to the member state of employment the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three months of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 386 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(a) In paragraph 1(c) the word “three” shall be replaced by “six” and the words “of three months up to a maximum of six months” shall be replaced by the words “, point (c) is replaced by the following: “(c) entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he/she left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his/her entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of six months up to the end of the period of that person's entitlement to benefits;”;
Amendment 398 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Article 1 – paragraph 1 – point 20 – point b
Regulation (EC) No 883/2004
Article 64 – paragraph 3
Article 64 – paragraph 3
(b) In pParagraph 3, the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “ is replaced by the following: “3. Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which entitlement to benefits shall be retained under paragraph 1 shall be three months; the competent services or institutions may extend that period up to the end of the period of entitlement to benefits”.”
Amendment 40 #
2016/0276(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The extended EFSI should address remaining market failures and sub-optimal investment situations and continue to mobilise private sector financing in investments crucial for Europe’s future quality job creation – including for the youth –, inclusive growth and competitiveness, enhancing the social and employment impact, with strengthened additionality. They include investments in the areas of energy, environment and climate action, social and human capital and related infrastructure, healthcare, research and innovation, cross- border and sustainable transport, as well as the digital transformation. In particular, the contribution of operations supported by the EFSI to achieving the Union's ambitious targets set at the Paris Climate Conference (COP21) should be reinforced. Energy interconnection priority projects and energy efficiency projects should also be increasingly targeted. Moreover, social infrastructure related projects should be highly targeted. In addition, EFSI support to motorways should be avoided, unless it is needed to support private investment in transport in cohesion countries or in cross- border transport projects involving at least one cohesion country. For reasons of clarity, although they are already eligible, it should be explicitly laid down that projects in the fields of agriculture, fishery and aquaculture come within the general objectives eligible for EFSI support.
Amendment 54 #
2016/0276(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reinforce the take-up of the EFSI in less-developed and transition regions, the scope of the general objectives eligible for EFSI support should be enlarged, and a strategy for the better promotion of EFSI financing, capacity building and local technical assistance in the above mentioned regions should be developed and duly implemented.
Amendment 64 #
2016/0276(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The EIB and the EIF should ensure that all the final beneficiaries, including SMEs, are are duly informed of the existence of EFSI support, so as to enhance the visibility of the EU guarantee granted under Regulation (EU) 2015/1017.
Amendment 66 #
2016/0276(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With a view to enhancing the transparency of EFSI operations, the Investment Committee should explain in its decisions, which are made public and accessible, the reasons why it deems that an operation should be granted the EU guarantee, with particular focus on compliance with the additionality criterion, as well as performance indicators such as quality job creation, both direct and indirect. The scoreboard of indicators should be made public once an operation under the EU guarantee is signed.
Amendment 94 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point d
Article 1 – paragraph 1 – point 4 – point d
Regulation (EU) 2015/1017
Article 7 – paragraph 12
Article 7 – paragraph 12
12. Decisions approving the use of the EU guarantee shall be made public and accessible without delay, and include the rationale for the decision based on the projects scoreboard, with particular focus on compliance with the additionality criterion. The publication shall not contain commercially sensitive information. In reaching its decision, the Investment Committee shall be supported by the documentation provided by the EIB.;
Amendment 115 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a – point i
Article 1 – paragraph 1 – point 9 – point a – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Article 14 – paragraph 1 – subparagraph 1 – second sentence
Such support shall include providing targeted local support on the use of technical assistance for project structuring, on the use of innovative financial instruments and on the use of public- private partnerships, taking into account the specificities and needs of Member States with less- developed financial markets.;
Amendment 120 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point i
Article 1 – paragraph 1 – point 9 – point b – point i
Regulation (EU) 2015/1017
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) leveraging local knowledge, collaborating closer with Member States authorities and focusing on building capacity, so as to facilitate EFSI support across the Union and contributing where possible to the objective of sectorial and geographical diversification of the EFSI referred to in Section 8 of Annex II by supporting the EIB to originate operations and increase collaboration with Member States;;
Amendment 31 #
2016/0257(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) As the three so-called tripartite Agencies - Cedefop, the European Foundation for the improvement of living and working conditions (Eurofound) and the European Agency for Safety and Health at Work (EU-OSHA) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among the three Agencies is required and the ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commission'srelevant in-house research capacities of the EU institutions.
Amendment 33 #
2016/0257(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The tripartite nature of the European Centre for the Development of Vocational Training (Cedefop), the European Foundation for the improvement of living and working conditions (Eurofound), and the European Agency for Safety and Health at Work (EU-OSHA) represents a comprehensive approach based on social dialogue between social partners, European and national authorities, which is extremely valuable in terms of finding joint and sustainable solutions.
Amendment 36 #
2016/0257(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In any procurement activities, the Agency should respect environmental, labour and social high-quality standards, as well as high-level of transparency, and fair competition rules.
Amendment 39 #
2016/0257(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of the Agency shall be to assist the Commission incontribute to the shaping and implementing of vocational education and training andpolicy, skills and qualifications policies, at the Union level. To this end the Agency shall provide evidence and services for policy making and knowledge sharing amongst and between Union and national actors, in particular governments and social partners.
Amendment 52 #
2016/0257(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Agency shall participate in all public tenders organized by the European Commission in its fields of expertise with respect to rules of transparency, fair competition and social rights.
Amendment 56 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) three independent experts appointed by the European Parliament;
Amendment 60 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
All members referred to in points (a)-(da) shall have voting rights.
Amendment 62 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organisations respectively. The Commission shall appoint the members who are to represent it. The European Parliament shall appoint the independent experts who are to represent it, after checking by its legal services that they have no conflict of interest.
Amendment 65 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The Member States, the Commission, the Parliament, and the social partners, when appointing their respective representatives in the Management Board, shall ensure a balanced representation between men and women, so that no gender exceeds 60% of the representation.
Amendment 66 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence, while respecting the gender balance rule laid down in paragraph 1a. The alternates shall be appointed following the procedure as provided for in the first paragraphparagraphs 1 and 1a.
Amendment 72 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendablrenewable once. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 76 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Within the Management Board, the representatives of governments, employers' organisations and employees' organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of deliberations within and between the groups. The coordinators of the employers' and employees' groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in Management Board meetings without the right to vote. All parties shall aim to achieve a balanced representation between men and women when designating their coordinators.
Amendment 80 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) give generalstrategic orientation for the Agency's activities and adopt each year the Agency's programming document by a majority of two-thirds of members entitled to vote and in accordance with Article 6;
Amendment 83 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 84 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) appoint the Executive Director and where relevant extendrenew the term of office or remove the Executive Director from office in accordance with Article 18;
Amendment 85 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
Amendment 89 #
2016/0257(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 99 #
2016/0257(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers' organisations, one from amongst the members representing employees' organisations and one from amongst the members representing the CommissionEuropean Union's institutions - the Commission and the Parliament. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights.
Amendment 100 #
2016/0257(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. When electing the Chairperson and the three Deputy Chairpersons, the Management Board shall ensure a strict balanced representation of 50% between men and women as a whole.
Amendment 105 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers, in accordance with the conditions laid down in Article 5 (2) when they concur, and budgetary matters
Amendment 106 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups referred to in Article 4(5) and one representative of the Commission and one representative of the European Parliament. Each group referred to in Article 4(5) may designate up to two alternates to attend the meetings of the Executive Board, in the absence of the full members, aiming to achieve a balanced representation between men and women when designate alternates. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 110 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendablrenewable once. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 119 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j
Article 11 – paragraph 5 – point j
(j) preparing the Agency's draft statement of estimates of revenue and expenditure and implementing its budget., as part of the Agency's programming document;
Amendment 120 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j a (new)
Article 11 – paragraph 5 – point j a (new)
(ja) taking decisions on the establishment and management of the Agency's internal structures and, where necessary, their modification, after submitting the decision to the Management Board, and taking into consideration the Agency's activity needs as well as having regard to sound budgetary management;
Amendment 122 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j b (new)
Article 11 – paragraph 5 – point j b (new)
(jb) in accordance with Article 5 (2), exercising, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment ("the appointing authority powers").
Amendment 126 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more localliaison offices in one or more Member StateBrussels to enhance the Agency´s cooperation with the relevant Union institutions. That decision requires the prior consent of the Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 128 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The Executive Director may appoint a Deputy Director with the vote of the Management Board. The Deputy Director shall be selected from amongst the senior Cedefop staff and his/her mandate shall terminate at the same time as the mandate of the Executive Director, or for disciplinary reasons with the approval of the Management Board. The appointment shall be made after consulting the Executive Board. The Executive Director shall justify the need for appointing a Deputy Director, as well allocate proper resources. The duties of the Deputy Director should be clearly defined, they should only refer to managing the day to day business of the Agency, and should be approved by the Executive Board following proposals from the Executive Director. The Deputy Director shall attend the meetings of the Management Board and the Executive Board.
Amendment 132 #
2016/0257(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedurafter obtaining the consent of the Management Board which must be involved in the process of short-listing the candidates, and following an open and transparent selection procedure. Once appointed the new Executive Director will attend upon invitation to an exchange of views in the competent European Parliament Committee.
Amendment 134 #
2016/0257(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extendrenew the term of office of the Executive Director once, for no more than five years.
Amendment 135 #
2016/0257(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. An Executive Director whose term of office has been extendrenewed may not participate in another selection procedure for the same post at the end of the overall period.
Amendment 138 #
2016/0257(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In each of the Member States tThe Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws of the Member State where they reside. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.
Amendment 143 #
2016/0257(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union but may also be provided by external service providers respecting environmental, labour and social high-quality standards, as well as high-level of transparency, and fair competition rules, and under the condition that the services outsourced are not more expensive than those provided by the Translation Centre.
Amendment 147 #
2016/0257(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended accordingly or repealed. Such proposal shall only be made after a detailed assessment and after informing and consulting the European Parliament, the Member States and the social partners.
Amendment 45 #
2016/0256(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Foundation for the improvement of living and working conditions (Eurofound) was established by Regulation (EEC) No 1365/753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development. The main aim of Eurofound must be to provide Union institutions, national governments and social partners with specialized and added-value information in its area of expertise. _________________ 3 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (OJ L 139, 30.5.1975, p.1).
Amendment 49 #
2016/0256(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Agency should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 to the extent possible. This proposal therefore does not prejudge any further amendments to the Founding Regulation of Eurofound which the Commission may wish to propose following further evaluation, as provided for in this act or on its own initiative. The Commission will evaluate the objectives, mandate, governance and tasks of all EU Agencies acting in the field of labour market, working conditions, vocational education and training and skills.
Amendment 52 #
2016/0256(COD)
(5) As the three so-called tripartite agencies, -the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP)edefop)- address issues related to the labour market and working environment and vocational education and training and skills, even closer coordination among the three Agencies is required andso that the work of the Agencies complements each other where they have similar fields of interest, while boosting tools currently working such as, for instance, their existing Memorandum of Understanding, while ways to enhance efficiency and synergies should be exploited. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commissinstitution’s’ in-house research capacities.
Amendment 55 #
2016/0256(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The tripartite nature of the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (Cedefop), is a high-worth expression of a comprehensive approach based on social dialogue between social partners with European and national authorities, extremely valuable in terms of finding joint and sustainable solutions in social and economics terms.
Amendment 56 #
2016/0256(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) There are already organisations at international, EU and national level providing analysis and knowledge on social, employment and work related policies (such as the Economic and Social Committees or the International Labour Organization). In order to obtain the maximum benefit, it is appropriate that Eurofound establish links with national bodies (tripartite where possible). It is also important that the Agency has very close functional links with the EU Committees on Employment (EMCO) and Social Protection (SPC), to ensure coordination and synergies, and that cooperates with the ILO, OECD and the European institutions’ in-house research capacities, in areas of common interest.
Amendment 59 #
2016/0256(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) the Agency must introduce in any procurement activities, including translations, environmental, labour and social criteria in order to guarantee high- quality standards;
Amendment 64 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) analyse trends in living and working conditions and, labour market developments and social exclusion, including vulnerable groups as children, people with disabilities or ethnic minorities;
Amendment 70 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Before commissioning an external organisation to undertake studies in the Agency’s areas of expertise, the Union institutions shall consult the Agency in order to check its availability and proceed with the allocation of resources for this purpose to the Agency.
Amendment 73 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies at national level but also in the international sphere, e.g. the International Labor Organization (ILO) or the Organisation for Economic Co-operation and Development (OECD), whether public or private, public authorities and workers’ and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies.
Amendment 77 #
2016/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an Executive Director and a Deputy Director who shall exercise the responsibilities set out in Article 11. and 11 a respectively
Amendment 79 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) one member representingative of the Government from each Member State;
Amendment 81 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) one member representingative of the employers’ organiszations from each Member State;
Amendment 84 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point c
Article 4 – paragraph 1 – subparagraph 1 – point c
(c) one member representingative of the employees’ organiszations from each Member State;
Amendment 88 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d
Article 4 – paragraph 1 – subparagraph 1 – point d
(d) three members representingatives of the Commission.
Amendment 90 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) three independent experts appointed by the European Parliament;
Amendment 93 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
All members referred to in points (a)-(da) shall have voting rights.
Amendment 94 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
The members referred to in points (a), (b) and (c) shall be appointed by the Council on the basis of lists of candidates submitted by the Member States, the European employers’ and employees’ organiszations respectively. The Commission shall appoint the members who are to represent it. The European Parliament shall appoint the independent experts who are to represent it, after checking by its legal services that they have no conflict of interest.
Amendment 97 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. When appointing their respective representatives, the Council, the Commission and the Parliament shall ensure a balanced representation between men and women on the Management Board, so that no gender exceeds 60% of the representation in each of the four groups - governments, employers, employees and European Union institutions - represented on the Management Board.
Amendment 98 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/her absence, while respecting the gender balance rule laid down in paragraph 1a. The alternate shall be appointed following the procedure as provided for in the first paragraphparagraphs 1 and 1a.
Amendment 100 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of social and work-related policies, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 106 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years to ensure continuity of the Board’s work. That term shall be extendablrenewable only once. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 109 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Within the Management Board, the representatives of governments, employers’ organisations and employees’ organisations shall each form a group. Each group shall designate a coordinator in order to enhance the efficiency of the deliberations within and between the groups. The coordinators of the employers’ and employees’ groups shall be representatives of their respective organisations at European level and do not need to be designated from among the appointed Board members. Coordinators who are not appointed Board members within the meaning of paragraph 1 shall take part in the Management Board meetings without the right to vote. All parties shall aim to achieve a balanced representation between men and women when designating their coordinators.
Amendment 119 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 121 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) appoint the Executive Director and the Deputy Director, ensuring a strict gender balanced representation between them, and where relevant extend the term of office or remove bothe Executive Director from office in accordance with Article 19;
Amendment 122 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) appoint the Executive Director and where relevant extendrenew the term of office or remove the Executive Director from office in accordance with Article 19;
Amendment 124 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
(n) take allextraordinary decisions on the establishment of the Agency’s internal structures and, where necessary, their modification, taking into consideration the Agency’s activity needs as well as having regard to sound budgetary mn these might have an important impact or might imply a relevant chanagement.
Amendment 128 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 129 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where exceptional circumstances so require, in accordance with the conditions laid down in the previous subparagraph when they concur, the Management Board may, by way of a decisiona majority of two-thirds of the members entitled to vote, exceptionally and temporarily, suspend the delegation of the appointing authority powers conferred to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Amendment 138 #
2016/0256(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Management Board shall elect a Chairperson and three Deputy Chairpersons as follows – one from amongst the members representing Member States, one from amongst the members representing employers’ organisations, one from amongst the members representing employees’ organisations and one from amongst the members representing the CommissionEuropean Union’s institutions -the Commission and the Parliament. The Chairperson and the Deputy Chairpersons shall be elected by a majority of two-thirds of members of the Management Board with voting rights.
Amendment 139 #
2016/0256(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Management Board, when electing the Chairperson and the three Deputy Chairpersons, shall ensure a strict balanced representation of 50% between men and women as a whole.
Amendment 140 #
2016/0256(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Management Board shall hold one ordinary meeting a year. In addition, it shall meet on the initiative of its Chairperson, at the request of either the Commission or the Parliament, or at the request of at least one-third of its members.
Amendment 142 #
2016/0256(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer, in particular those third-country States in the European Economic Area that participate in the Agency’s activities.
Amendment 146 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers, in accordance with the conditions laid down in Article 5 (2) when they concur, and budgetary matters.
Amendment 147 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of, one more representative of each group and one representative from each European Union institution, the Parliament and the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, aiming the absence of the full membero achieve a balanced representation between men and women when designate alternates. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 149 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendablrenewable only once. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 154 #
2016/0256(COD)
Proposal for a regulation
Chapter 2 – section 3 – title
Chapter 2 – section 3 – title
Section 3: Executive Director and Deputy Director
Amendment 159 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a a (new)
Article 11 – paragraph 5 – point a a (new)
(aa) taking ordinary decisions on the establishment of the Agency’s internal structures and, where necessary, their modification, taking into consideration the Agency’s activity needs as well as having regard to sound budgetary management, after submitting her/his decision to the Management Board;
Amendment 160 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a b (new)
Article 11 – paragraph 5 – point a b (new)
(ab) in accordance with Article 5 (2), exercising, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (“the appointing authority powers”);
Amendment 165 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j
Article 11 – paragraph 5 – point j
(j) preparing the Agency’s draft statement of estimates of revenue and expenditure and implementing its budget, as part of the Agency’s programming document.
Amendment 170 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more localliaison offices in one or more Member StateBrussels to further the Agency´s cooperation with the relevant Union institutions. That decision requires the prior consent of Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 172 #
2016/0256(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 175 #
2016/0256(COD)
Amendment 176 #
2016/0256(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedur after obtaining the consent of the Management Board which must be involved in the process of short-listing the candidates and can act by written procedure if necessary, and following an open and transparent selection procedure. Once appointed the new Executive Director must attend a hearing in the competent European Parliament Committee.
Amendment 177 #
2016/0256(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extendrenew the term of office of the Executive Director once, for no more than five years.
Amendment 178 #
2016/0256(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. An Executive Director whose term of office has been extendrenewed may not participate in another selection procedure for the same post at the end of the overall period.
Amendment 179 #
2016/0256(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission based on an objective assessment of his/her performance as Executive Director.
Amendment 184 #
2016/0256(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish localone liaison offices in one or more Member StateBrussels, subject to their consent and in accordance with Article 11 (6).
Amendment 186 #
2016/0256(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The translation services required for the functioning of the Agency shallmight be provided by the Translation Centre of the bodies of the European Union or other translation services, that respect Union’s environmental, labour and social criteria.
Amendment 194 #
2016/0256(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. No later than 5 years after the date referred to in Article 37, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency’s performance in relation to its objectives, mandate and tasks. The Management Board shall be consulted in the evaluation. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modificationrelated additional financial, budgetary and human resources if new tasks are allocated to the Agency or if the workload linked to existing task increases.
Amendment 196 #
2016/0256(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 198 #
2016/0256(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member States
Amendment 200 #
2016/0256(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Deputy Director the Agency appointed on the basis of Article 8 of Regulation (EEC) No 1365/75 of the Council shall, for the remaining period of his/her term of office be assist the Director or Executive Directorgned to the responsibilities of the Deputy Director as provided for in Article 11a of this Regulation. The other conditions of his/her contract shall remain unchanged.
Amendment 24 #
2016/0254(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Agency for Safety and Health at Work (EU-OSHA) was established by Council Regulation (EC) No 2062/943 to contribute to improvement of the working environment, as regards the protection of the safety and health of workers, through action designed to increase and disseminate knowledge likely to assist this improvement. The main aim of EU-OSHA must be to provide specialized and added-value information in its area of expertise. _________________ 3 Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (OJ L 216, 20.8.1994, p. 1).
Amendment 29 #
2016/0254(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The repeal of Regulation (EC) No 2062/94 and its replacement with this Regulation aims to update EU-OSHA's mandate and tasks with a view to better reflecting its current activities, including the need to pay particular attention to micro, small and medium-sized enterprises.
Amendment 32 #
2016/0254(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) As the three tripartite Agencies - EU-OSHA, the European Centre for development and vocational training (Cedefop), and the European Foundation for the improvement of living and working conditions (Eurofound) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among three Agencies is required andso that the work of the Agencies complements each other where they have similar fields of interest, while boosting tools currently working such as, for instance, their existing Memorandum of Understanding, while the ways to enhance efficiency and synergies should be exploited. In addition, whenever relevant, the Agency should seek to engage in efficient cooperation with the European CommissInstitution's' in-house research capacities.
Amendment 33 #
2016/0254(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The tripartite nature of the European Agency for Safety and Health at Work (EU-OSHA), the European Foundation for the improvement of living and working conditions (Eurofound), and the European Centre for the Development of Vocational Training (Cedefop), is a high-worth expression of a comprehensive approach based on social dialogue between social partners with European and national authorities, extremely valuable in terms of finding joint and sustainable solutions in social and economics terms.
Amendment 36 #
2016/0254(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In any procurement activities, including translations, the Agency should comply with environmental, labour and social criteria in order to guarantee high- quality standards.
Amendment 38 #
2016/0254(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of the Agency shall be to provide the European Union institutions and bodies, the Member States, the social partners and those involved in the field of safety and health at work with the technical, scientific, legal and economic information and qualified expertise of use in that field, in order to improve the occupational safety and health of workers.
Amendment 50 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)
Article 2 – paragraph 1 – point j a (new)
Amendment 51 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Before commissioning an external organisation to undertake studies in the Agency's areas of expertise, the Union institutions shall consult the Agency in order to check its availability and proceed with the allocation of resources for this purpose to the Agency.
Amendment 54 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’' organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Foundation for the improvement of living and working conditions, the European Centre for the development of vocational training and, where relevant, with other EU Agencies.
Amendment 61 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
Article 4 – paragraph 1 – subparagraph 1 – point d a (new)
(da) three independent experts appointed by the European Parliament;
Amendment 63 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
All members referred to in points (a)-(da) shall have voting rights.
Amendment 67 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 7
Article 4 – paragraph 1 – subparagraph 7
The Commission shall appoint the members who are to represent it. The European Parliament shall appoint the independent experts who are to represent it, after checking by its legal services that they have no conflict of interest.
Amendment 75 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. It shall be extendabl to ensure continuity of the Board's work. That term shall be renewable once. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 88 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 91 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
(n) take allextraordinary decisions on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs as well as having regard to sound budgetary mn these might have an important impact or might imply a relevant chanagement.
Amendment 93 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Management Board shall adopt, iIn accordance with Article 110 of the Staff Regulations, a decisiond based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers are conferred to the Executive Director and. The Management Board shall defininge the conditions under which this delegation of powers can bepowers can be exceptionally and temporarily suspended. The Executive Director shall be authorised to sub-delegate those powers.
Amendment 95 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where exceptional circumstances so require, the Management Board may, by way of a decisiona majority of two-thirds of the members entitled to vote, exceptionally and temporarily, suspend the delegation of the appointing authority powers conferred to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.
Amendment 105 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.
Amendment 107 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, the three Deputy Chairpersons, the coordinators of the three groups as referred to in Article 4 (5) and one representative of, one more representative of each group and one representative from each European Union institution, the Parliament and the Commission. Each group referred to in Article 4 (5) may designate up to two alternates to attend the meetings of the Executive Board, aiming the absence of the full membero achieve a balanced representation between men and women when designating alternates. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 109 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendablrenewable once. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 116 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Directorbe responsible for the overall management of the Agency according to the strategic direction set by the Management Board and shall be accountable to the Management Board.
Amendment 118 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a a (new)
Article 11 – paragraph 5 – point a a (new)
(aa) taking ordinary decisions on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs as well as having regard to sound budgetary management, after submitting her/his decision to the Management Board;
Amendment 119 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a b (new)
Article 11 – paragraph 5 – point a b (new)
(ab) in accordance with Article 5 (2), exercising, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment ("the appointing authority powers");
Amendment 121 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j a (new)
Article 11 – paragraph 5 – point j a (new)
(ja) taking all decisions on the management of human resources and on the establishment of the Agency's internal structures and, where necessary, their amendment, taking into account the needs relating to the Agency's activities and sound budgetary management.
Amendment 125 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more localliaison offices in one or more Member StateBrussels to further the Agency´s cooperation with the relevant Union institutions. That decision requires the prior consent of the Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 132 #
2016/0254(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure after obtaining the consent of the Management Board which must be involved in the process of short-listing the candidates and can act by written procedure if necessary, and following an open and transparent selection procedure. Once appointed the new Executive Director shall attend a hearing in the European Parliament. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the Chairperson of the Management Board.
Amendment 135 #
2016/0254(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission based on an objective assessment of his/her performance as Executive Director.
Amendment 138 #
2016/0254(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish localone liaison offices in the Member StateBrussels, subject to their consent and in accordance with Article 11 (6).
Amendment 141 #
2016/0254(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The translation services required for the functioning of the Agency shallmay be provided by the Translation Centre of the bodies of the European Union or other translation services, that respect the Union's environmental, labour and social criteria.
Amendment 146 #
2016/0254(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Not later than 5 years after the date referred to in Article 357, and every 5 years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelines to assess the Agency's performance in relation to its objectives, mandate and tasks. The Management Board shall be consulted in the evaluation. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modificationrelated additional financial, budgetary and human resources if new tasks are allocated to the Agency or if the workload linked to existing task increases.
Amendment 162 #
2016/0238(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management as well as contribute to a fair standard of living for those who depend on fishing activities, bearing in mind socio-economic aspects, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.
Amendment 187 #
2016/0238(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulation, taking into account the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by bearing in mind coastal fisheries and socio-economic aspects.
Amendment 213 #
2016/0238(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Fishing opportunities for the stocks of Groups 3 and 4 shall be consistent with scientific advice related to maximum sustainable yieldManagement measures, including, where appropriate, fishing opportunities, shall be set taking into account the best available scientific advice and in line with the objectives laid down in Article 3.
Amendment 217 #
2016/0238(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In the absenceWhere, due to a lack of sufficientific advice ly accurate and representative information, fishing mortality rate consistent with maximum sustainable yield, fishing opportunities shall be consistent with scientific advopportunities cannot be determined in accordance with paragraph 1 of this Article, the fixing of fishing opportunities shall be based on the precautionary approach in accordance with Article to ensure the sustainability of the stocks in line with the precautionary approach9(2) of Regulation (EU) No 1380/2013, taking into account increasing trends in the stocks and in the fishing activity, and ensuring at least a comparable degree of conservation of the relevant stocks.
Amendment 287 #
2016/0238(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Margin of tolerance in the logbook By way of derogation from Article 14(3) of Regulation (EC) No 1224/2009, for catches which are landed unsorted the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity retained on board.
Amendment 181 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 4
Annex III – Part A – row 5 – column 4
Amendment 184 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 5
Annex III – Part A – row 5 – column 5
Amendment 406 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 35
Article 6 – paragraph 1 – point 35
(35) ‘Bacoma exit window’ means an escape panel constructed in knotless square mesh netting fitted into the top panel of a codend with its lower edge no more than four meshes from the codline;
Amendment 425 #
2016/0074(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No partThe mesh size of any towed gear shall be constructed of a mesh size smaller thas set out in Annexes V-XI shall mean the mesh size of any cod-end or extension piece found on board a fishing vessel and attached to or suitable for attachment to any the codend mesh sizeowed net. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors. Further derogations may be provided in a delegated act adopted in accordance with Article 18 of this Regulation.
Amendment 502 #
2016/0074(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Technical measures recommendMeasures adopted in accordance with paragraph 2 shall as a minimum be equivalent in terms of exploitation patterns and level of protection provided for sensitive species and habitats asbe in line with the objectives of Article 2 of Regulation (EU) No 1380/2013 and shall lead to benefits for the conservation of those measures referred to in paragraph 1arine ecosystem.
Amendment 503 #
2016/0074(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. In the joint recommendations submitted for the purpose of adopting the measures referred to in paragraph 2, the Member States shall provide an assessment of the likely impacts of such measures on the targeted species, on sensitive species and habitats, demonstrating the benefits for the conservation of the marine ecosystem.
Amendment 517 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. When Member States submit joint recommendations in accordance with Article 19 to defineA joint recommendation submitted for the purpose of adopting the measures referred to in Article 18(2) in relation to size selective and species selective characteristics of gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats, demonstrating the benefits for the conservation of the marine ecosystem.
Amendment 519 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 520 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 521 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 522 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. Notwithstanding paragraph 1 measures with the aim at achieving the socioeconomic objectives in Article 2(5)(c) and (f) of Regulation (EU) No 1380/2013 can be adopted without demonstrating benefits for the conservation of the marine ecosystem in relation to size selective and species selective characteristics of gears in a situation where the stock in question is above levels which can produce the maximum sustainable yield.
Amendment 581 #
2016/0074(COD)
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
Regulation (EC) 1224/2009
Article 14 – paragraph 3
Article 14 – paragraph 3
3 a. By way of derogation from paragraph 3, masters of Union fishing vessels having caught pelagic or industrial species and keeping such catches on board fresh and unsorted may alternatively in their fishing logbook indicate all quantities of each species in these catches caught and kept on board above 10 percent of live-weight equivalent of the total catch caught and kept on board fresh and unsorted. This indication is to be considered on a fishing trip basis.
Amendment 600 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part C – paragraph 4 – indent 3
Annex V – Part C – paragraph 4 – indent 3
Amendment 601 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part C – paragraph 4 – indent 3 – subindent 1
Annex V – Part C – paragraph 4 – indent 3 – subindent 1
Amendment 602 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part C – paragraph 4 – indent 3 – subindent 2
Annex V – Part C – paragraph 4 – indent 3 – subindent 2
Amendment 603 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part C – paragraph 4 – indent 3 –subindent 3
Annex V – Part C – paragraph 4 – indent 3 –subindent 3
Amendment 604 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part C – paragraph 4 – indent 3 – subindent 4
Annex V – Part C – paragraph 4 – indent 3 – subindent 4
Amendment 612 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part E – paragraph 1 – indent 1
Annex V – Part E – paragraph 1 – indent 1
Amendment 613 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part E – paragraph 1 – indent 2
Annex V – Part E – paragraph 1 – indent 2
Amendment 614 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part E – paragraph 1 – indent 3
Annex V – Part E – paragraph 1 – indent 3
Amendment 615 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part E – paragraph 1 – indent 4
Annex V – Part E – paragraph 1 – indent 4
Amendment 616 #
2016/0074(COD)
Proposal for a regulation
Annex V – Part E – paragraph 1 – indent 4 a (new)
Annex V – Part E – paragraph 1 – indent 4 a (new)
- south of 55° North
Amendment 112 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law ofapplicable terms and conditions of employment should be those established by the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that, without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationnational law which would have applied otherwise. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services.
Amendment 154 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workerposting of workers in this sector, which is covered by this dDirective, raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketwhich should be supplemented by sector-specific legislation.
Amendment 210 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are key elements for service providers and posted workers. The provision of information on the single website should be in line with national law and practice and should respect the autonomy of the social partners. The European Commission should regularly verify if the information on these websites is comprehensive, easily accessible and up to date.
Amendment 242 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise.
Amendment 293 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outsix months, or when the posting is not considered to be genuine under Directive 2014/67/EU, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 332 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place, - be it by another posted worker or the same posted worker returning after a break - the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 338 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2 a (new)
Article 2 a – paragraph 2 a (new)
2a. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 381 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 394 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 414 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
In the context of remuneration as well as allowances and expenses related to work outside the regular working place, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 473 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 1
Article 3 – paragraph 7 – subparagraph 1
Amendment 477 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 491 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 497 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following: 10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: – terms and conditions of employmentperating on their territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, – terms and c including non-ditions of employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexscriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market.
Amendment 511 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.
Amendment 56 #
2015/2284(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to better anticipate the effects of trade policy decisions on the EU labour market; opposes any initiative to consider the EGF, in its current form, as an intervention tool for jobs lost in the European Union as a result of trade strategies decided at EU level, including future trade agreements or those already in place;
Amendment 62 #
2015/2284(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Agrees with the Commission that the very essence of the EGF is to help people, who lose their jobs as a result of more open trade; considers it an important task of the EGF to mitigate the consequences of trade disputes and ensure that the burdens stemming from joint political decisions at EU-level are shared between EU member states; therefor calls for a targeted revision of the EGF to add a clause, which will ensure support for employees and companies affected by trade conflicts; underlines in this respect the urgent need for a faster procedure for handling of applications;
Amendment 1 #
2015/2255(INI)
Motion for a resolution
Title
Title
on social dumping in the European Union: ensuring fair competition, equal treatment and convergence between economic and social partners,
Amendment 76 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the concept of social dumping, without benefiting from a legally recognised and shared definition, covers a wide scope of abusive practices and situations enabling the development of unfair competition through tree main dimensions: - the economic aspect: the use by certain economic actors of illegal practices such as undeclared work or abusive practices such as bogus self employment can lead to major market distortions which are detrimental to bona fide companies, notably SMEs; agriculture, building, construction and food sectors, transport, care and domestic services are the main sectors concerned; - the social aspect: unfair competition can lead to a situation of inequality of treatment between European workers and deprive them from the effective exercise of their social and labour rights; - the financial aspect : the reduction of social contributions and taxes represent a threat for the financial sustainability of social security systems of Member States;
Amendment 87 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the multiplication of abusive practices and exercise of unfair competition weakens support to the principle of the internal market and undermines confidence in European integration;
Amendment 158 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection in order to ensure the respect of labour standards and the protection of workers, such as provisions relating to working time, safety, and health; recalls the important role ensured by social partners in order to ensure that existing legislations are respected;
Amendment 159 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates and trade unions play a key role in enforcing workers' rights to decent pay and working conditions, and in providing consultation and guidance to employers; Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;
Amendment 176 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation; encourages Member States to increase and improve the continuing education and training of labour inspectorates, as recommended by the European Economic and Social Committee; stresses the importance of ensuring access to private areas for national labour inspectorates and social partners, since this is a prerequisite for them to carry out their job and check for cases of social dumping.
Amendment 208 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectotask force including respective national competent actors or authorities such as social partners to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which bodytask force would work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 216 #
2015/2255(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Member States to ensure exchange of information and to improve coordination between labour inspectorates in order to improve cross-border cooperation; urges the Commission to further strengthen the cooperation of national labour inspectors in the Senior Labour Inspectors Committee (SLIC);
Amendment 257 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation and collective agreements on postings; considers that the amount of the fines should exceed employees' contributions; and that it should be possible to exclude companies that repeatedly violate labour law, collective agreements and other working standards from public procurement procedures;
Amendment 287 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes all the information associated with the worker's postings to feature on this card; underlines however that this provision must not restrict or undermine in any way the right of the host countries' authorities and social partners to review and to carry out controls and verifications on the data content of such a card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 345 #
2015/2255(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that the European Court of Human Rights has ruled in the Demir and Baykara and in the Enerji Yapi-Yol Sen cases, that the exercise of the right to form and join trade unions in accordance with Article 11 on the European Convention on Human Rights, is inextricably linked to the right to collective bargaining and the right to strike; regrets in this regard the current jurisprudence of the European Court of Justice in the cases of Viking and others, where the Court has rigorously limited the right to collective action in case of conflict with the economic freedoms of the internal market, and obliged trade unions to justify the proportionality of their collective action; considers that this will dissuade trade unions from using their right to collective action, also in order to initiate collective bargaining, and thus ultimately hinder the exercise of the fundamental right of freedom of association; considers therefore that the European Court of Justice must adapt its case law relating to the right to take collective action in order to bring it in line with essential human rights requirements;
Amendment 373 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 439 #
2015/2255(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;
Amendment 440 #
2015/2255(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States' national electronic registers and in the European Register of Road Transport Undertaking (ERRU);
Amendment 477 #
2015/2255(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the Commission to put forward a legislative proposal demanding that at least 75 per cent of all employees in an airline company must be directly employed by the airline company, to ensure a high level of competence, safety and a clear employer's liability.
Amendment 482 #
2015/2255(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Asks the Commission to consider proposals to ensure that airline companies registered in EU employ EU citizens or people from third countries with work permission in EU;
Amendment 499 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificregistration;
Amendment 502 #
2015/2255(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission together with the transport industry to consider the possibility of introducing legislative proposals establishing an obligation by employers in the transport industry to inform their employees on applicable law when they move across national borders in connection with their jobs;
Amendment 521 #
2015/2255(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the urgent need to better enforce the home base principle and prevent the creative circumvention of EU rules by some airline companies operating in the EU; urges the Commission to analyse the consequences and consider the possibility of introducing a rule stating that if a big share of the passengers on a specific route between two Member States has the nationality of one of the Member States, the airline operating on the route must have home base in this Member State;
Amendment 523 #
2015/2255(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the results of the study 'Atypical Employment in Aviation' from the University of Ghent, which clearly illustrates that precarious working conditions for pilots and cabin crew have a negative impact on flight safety;
Amendment 606 #
2015/2255(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission and the Member States to support and to enhance social dialogue, which plays a critical role in achieving decent and productive working conditions; underlines that high labour law and social standards have a crucial role to play in rebalancing economies, supporting incomes, and encouraging investment in capacities; stresses that all EU law and policy documents must respect trade union rights and freedoms, collective agreements and equal treatment of workers;
Amendment 111 #
2015/2109(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the UN to create additional rules that could indirectly help protect biodiversity on the high seas, such as the establishment of global management tools, i.e. a centralised instrument for vessel registration, avoiding the increase of the bureaucratic burden for fishermen;
Amendment 14 #
2015/2107(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to the opinion of the Committee of the Regions of 12 February 20151 a , __________________ 1a OJ C 140, 28.4.2015, p. 16–21
Amendment 15 #
2015/2107(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
- having regard to the opinion of the European Economic and Social Committee of 11 December 20141 a , __________________ 1a SOC/512 EESC-2014-4414
Amendment 58 #
2015/2107(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas fulfilling legal obligations is the main reason for many companies to manage OSH and put in place preventive measures1 a ; __________________ 1a Second European Survey of Enterprises on New and Emerging Risks (ESENER-2), EU-OSHA (2015) https://osha.europa.eu/en/publications/rep orts/esener-ii-first-findings.pdf
Amendment 68 #
2015/2107(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. Whereas 9 out of 10 establishments in the EU-28 that carry out regular risk assessments regard them as a useful way of managing occupational health and safety1 a; __________________ 1a Second European Survey of Enterprises on New and Emerging Risks (ESENER-2), EU-OSHA (2015) https://osha.europa.eu/en/publications/rep orts/esener-ii-first-findings.pdf
Amendment 73 #
2015/2107(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. Whereas social partners play an important role in the process of designing and implementing OSH policies both at national, international and EU level;
Amendment 77 #
2015/2107(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Whereas work-related stress in particular, and psychosocial risks in general is a growing problem for employees and employers across the EU that negatively impacts absenteeism and productivity and whereas psychosocial risk factors are perceived to be highly challenging and actions taken to manage psychosocial risks vary across Member States1 a; __________________ 1aSecond European Survey of Enterprises on New and Emerging Risks (ESENER-2), EU-OSHA (2015) https://osha.europa.eu/en/publications/rep orts/esener-ii-first-findings.pdf
Amendment 81 #
2015/2107(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. Whereas work-related chronic health problems are widespread in Europe and can limit people's ability to engage or stay in paid employment1 a; __________________ 1a Report on Employment opportunities for people with chronic diseases, Eurofound (2014) http://www.eurofound.europa.eu/observat ories/eurwork/comparative- information/employment-opportunities- for-people-with-chronic-diseases
Amendment 84 #
2015/2107(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
Amendment 87 #
2015/2107(INI)
Motion for a resolution
Recital D g (new)
Recital D g (new)
Dg. Whereas increasing precarious employment has adverse effects on occupational health and safety, including uncertainty and mental stress due to job insecurity and general differences reported in OSH outcomes1 a ; __________________ 1a Flexible forms of work: ‘very atypical’ contractual arrangements, Eurofound (2010) http://www.eurofound.europa.eu/observat ories/eurwork/comparative- information/flexible-forms-of-work-very- atypical-contractual-arrangements and Health and well-being at work: A report based on the fifth European Working Conditions Survey, Eurofound (2012), http://www.eurofound.europa.eu/sites/def ault/files/ef_publication/field_ef_docume nt/ef1302en.pdf
Amendment 90 #
2015/2107(INI)
Motion for a resolution
Recital D h (new)
Recital D h (new)
Amendment 92 #
2015/2107(INI)
Motion for a resolution
Recital D i (new)
Recital D i (new)
Di. Whereas lack of awareness and knowledge among micro and small enterprises is a main obstacle for compliance with OSH legislation;
Amendment 133 #
2015/2107(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets the delay in drawing up the current OSH strategic framework; believes that the many challenges facing European workers, businesses and labour markets, including those identified by the Commission, require that measures are applied timely and effectively;
Amendment 139 #
2015/2107(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that it is necessary to ensure a safe and healthy working environment throughout people's working life and pay more attention to the cumulative effects of occupational risks in order to achieve the goal of active and healthy ageing for all workers;
Amendment 197 #
2015/2107(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the introduction of EU- OSHA's OiRA as well as other e-tools in the Member States that facilitate risk assessment and aim to promote compliance and a culture of prevention, in particular in micro and small enterprises; urges the Member States to use the European funding for OSH actions in general and the development of e-tools in particular with the aim to support SME's; emphasizes the importance of awareness-raising campaigns, such as The Healthy Workplaces Campaigns, in the field of OSH and stresses the importance of raising awareness among employers and employees on basic OSH rights and obligations;
Amendment 244 #
2015/2107(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States to organize systematic exchanges of labour inspectors from sending and receiving countries of posted workers in order to improve cross-border cooperation;
Amendment 245 #
2015/2107(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Urges labour inspectorates, while still performing randomized inspections, to employ risk-based supervision and target repeat offenders and sectors where the occupational health and safety of employees is more likely to be at risk and companies are more likely to benefit from assistance and information provided by labour inspectors;
Amendment 255 #
2015/2107(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is of the opinion that better integration of OSH with other policy areas, including the REACH Regulation, employment and labour law, transport, energy and environment, is essential;
Amendment 261 #
2015/2107(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission and the Member States to take steps to promote ownership at national, regional and local level to ensure that the OSH strategic framework is relevant to European employers and employees; stresses that this entails involvement of and participation with social partners and other relevant stakeholders;
Amendment 276 #
2015/2107(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that many workers are still exposed to asbestos in their workplace; calls on the EU to work closely with social partners and the Member States to promote and coordinate Member States' efforts to develop national action plans for the management and safe removal of asbestos; reiterates its call1 a on the Commission to develop, implement and support a model for asbestos screening and registration in accordance with Article 11 of Directive 2009/148/EC; __________________ 1a Texts adopted, P7_TA(2013)0093
Amendment 289 #
2015/2107(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to take action on one of the most prevalent work-related health problems in Europe and submit a proposal for a comprehensive directive on musculoskeletal disorders (MSDs) to improve effective prevention and address the causes of MSDs; points out that integrating provisions of existing directives into a comprehensive directive laying down minimum requirements for protecting workers from exposure to ergonomic risk factors can benefit both workers and employers; by extending the scope of EU legislation and making the regulatory framework easier to comply with;
Amendment 303 #
2015/2107(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to focus on retention and integration for people affected by chronic diseases as well as to support reasonable adaptation of workplaces;
Amendment 315 #
2015/2107(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CPoints to the fact that psychosocial risks and work-related stress is a structural problem linked to work organisation; stresses that that preventing and managing psychosocial risks and work-related stress is possible and absolutely necessary and emphasizes the need for new and concrete measures to be included in the OSH strategic framework; calls on the Commission and the Member States to develop and implement a programme for systematic monitoring of psychosocial risks, including stress;
Amendment 337 #
2015/2107(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that technological innovation and some new forms of employment may benefit workers; is concerned, however, about new risks brought about as a result of these changes; calls on the Commission and The Member States to identify potential risks and take appropriate measures to counter them;
Amendment 340 #
2015/2107(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Member States to comply with the requirements laid down in Directive 96/71/EC to combat social dumping and in this context take all necessary measures to enforce and protect the rights of posted workers to equal treatment as regards occupational health and safety;
Amendment 345 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Member States to take concrete measures to promote a culture of prevention as regards occupational safety and health, including giving greater prominence to prevention and occupational health and safety in school curricula at all levels, including during apprentices as well as providing mandatory training for health and safety representatives;
Amendment 350 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Points out that in many Member States the quality of preventive services is key to support companies, in particular SME's, to carry out risk assessment and take adequate preventive measures; calls on the Commission to examine what national legislation and other instruments specifies regarding the tasks and training requirements of preventive services;
Amendment 372 #
2015/2107(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to take all necessary steps to ensure that accidents at work are reported by employers;
Amendment 373 #
2015/2107(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Amendment 376 #
2015/2107(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Emphasizes that the EU has an interest in and obligation to raise labour standards, including levels of occupational health and safety worldwide;
Amendment 377 #
2015/2107(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure that trade agreements with third countries improve the working environment to protect workers' health and safety;
Amendment 378 #
2015/2107(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Urges the Commission to strengthen cooperation on OSH with international organisations, including ILO, OECD, G20 and WHO;
Amendment 379 #
2015/2107(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Deplores the fact that not all Member States has ratified ILO convention 187 on the promotional framework for Occupational Safety and Health; calls on all Member States to ratify the convention;
Amendment 14 #
2015/2088(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a lack of relevant skills is anand relevant jobs are important factors causing youth unemployment; reminds that without quality job creation in Europe, the youth employment crisis cannot be solved;
Amendment 38 #
2015/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas disadvantaged people may be excluded from the possibility of developing their talents and skills when the social dimension is not considered in education, employment and social policies;
Amendment 43 #
2015/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the implementation of effective skills policies can improve the situation, although the austerity policies that are run in several Member States are reducing the funding from the education and training, making it more difficult to maintain and increase the level of the skills for youth and increasing the risk of putting youth in an unequal position which can cause social exclusion;
Amendment 68 #
2015/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the involvement of young people, relevant stakeholders and, organisations and social partners in the development, implementation, monitoring and evaluation of relevant initiatives aimed at supporting youth employment at EU, national and local level is of the highest importance;
Amendment 75 #
2015/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to build up partnerships between local authorities, education and employment services and the business community to support the creation, implementation and monitoring of sustainable and quality employment strategies and action plans leading to high- quality employment; calls for closer co- operation between education, public administration, businessocial partners, SMEs and civil society, especially student and youth organisations in order to maximise the quality of education and training; highlights that this better cooperation is also crucial for an effective implementation of the youth guarantee;
Amendment 198 #
2015/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Quality Framework for Traineeships and the European Alliance for Apprenticeships; stresses the importance for the European Commission to monitor closely its implementation in the Member States;
Amendment 214 #
2015/2088(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that high-quality traineeships and apprenticeships should lead to employment and condemns the abuse of such arrangements; reminds that the aim of traineeships is not providing underpaid labour but to lead to increased skills and employability;
Amendment 72 #
2015/0289(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) "Dormant agreements" stand for countries which adopted a fisheries partnership agreement without having a protocol into force, for structural or conjonctural reasons. The Union has several "dormant" agreements with third countries. Union vessels are therefore not allowed to fish in waters under the regime of the dormant agreements. The Commission should make an effort to "wake up" these agreements or to cease the partnership agreement.
Amendment 134 #
2015/0289(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. If a flag Member State fails to refuse, amend, suspend or withdraw the authorisation in accordance with paragraphs 4 and 5, after a formal consultation with the Member State, the Commission may decide to withdraw the authorisation and notify the flag Member State and the operator accordingly.
Amendment 179 #
2015/0051(NLE)
Annex 1 – section 3 – paragraph 1
Member States should reduce labour market segmentation. Employment protection rules and institutions should provide a suitable environment for recruitment while offering adequate levels of protection to those in employment and those seeking employment or employed on temporary, part-time or atypical contracts or independent work contracts. Quality employment should be ensured for all in terms of socio-economic security, education and training opportunities, working conditions (including health and safety), adequate wages and work-life balance. Upward convergence in working conditions should be promoted across the Union.
Amendment 232 #
2015/0051(NLE)
Annex 1 – section 4 – paragraph 3
The pension systems should be reformed in order to secure their sustainability and adequacy for women and men in a context of increasing longevity and demographic change, including by linking statutory retirement ages to life expectancy, by increasing effective retirement ages, and by developing co. The best way is to increase the overall employment rate, building also on social investments in active ageing. Further reforms should focus on increasing effective retirement age, taking into account the number of contributory years and reflecting differences in life expectancy caused by particularly arduous work, and on upholding the fundamental importance of public pensions while developing complementary retirement savings. Measures to reduce gender gaps in employment and pay as well as incidence of involuntary part-time empleoyment ary retirement savingse also needed in order to ensure decent living standards in old age.
Amendment 30 #
2014/2252(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the yellow card and the strong resistance of trade unions and other stakeholders which in the end led to the withdrawal of Monti II by the Commission, were largely based on the realisation that the proposal would not result in adequate safeguards for fundamental and social rights; criticises in this context, that the Commission has still not come forward with any new proposals to ensure fair competition, equal treatment and worker's rights;
Amendment 49 #
2014/2238(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas low-carbon sectors tend to have higher labour productivity and wage shares have fallen less in these sectors than in the top 15 emitting industries;
Amendment 56 #
2014/2238(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that a transition towards sustainable societies and economies, including sustainable patterns of consumption and production, generates the potential both to create new quality jobs and to transform existing employment into green jobs in virtually all sectors and across the entire value chain;
Amendment 177 #
2014/2238(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to promote quality investments geared towards generating societal benefits; calls on the Commission and the Member States to focus investment in areas with positive labour market impact with the aim of creating decent jobs and fighting unemployment; highlights, in this context, that job creation in the green sectors has remained positive throughout the recession;
Amendment 47 #
2014/2235(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that ambitious economic policies and labour market reforms are needed in order to boost smart, sustainable and inclusive growth and create more jobs; further stresses the need for economically sustainable social welfare systems which are based on upgrading the skills of the unemployed and provides adequate income support during employment transitions as well as incentives to work;
Amendment 75 #
2014/2235(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that several important challenges are affecting Europe's labour market, including increasing demand for highly skilled labour, precarious employment, rapid technological change and development, as well as an ageing society which requires that early retirement be made less attractive; points out that improving occupational health and safety throughout the working life is essential to enable people to stay longer in the labour market;
Amendment 106 #
2014/2235(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that in order to achieve a competitive EU labour market, ambitious reforms are needed which increase inclusiveness, flexibility and mobility and strengthen the role of social dialogue, in the light of constantly changing labour markets and production patterns; points out that upgrading of skills throughout the working life and in the event of unemployment is needed to equip workers to take advantage of new job opportunities;
Amendment 159 #
2014/2235(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of partnerships between universities, businessesocial partners and authorities with a view to estimating labour needs for the future, as well as fostering cooperation between Member States in this regard;
Amendment 180 #
2014/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that training and re- qualification programs for the unemployed should be designed and implemented in close cooperation with employers' associations and trade unions, with a view to better aligning workers' new skills with the needs of employers;
Amendment 247 #
2014/2235(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Points out that free movement rights must be accompanied by equal treatment of all workers and measures to combat social dumping;
Amendment 267 #
2014/2222(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that decent wages are important not only for social cohesion, but also for maintaining a strong economy and a productive labour force; calls on the Commission to submit a proposal for a European framework for minimum wagesunderlines that in those countries where minimum wages are statutory they should be set at a level that allow for decent standards of living with a view to reducing wage inequalities and limiting nominal imbalances in competitiveness;
Amendment 66 #
2014/2160(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to involve social partners (trade unions and employer organisations) and NGOs) in the realisation of gender equality, with a view to fostering equal treatment; stresses that the areas covered by social dialogue should include the monitoring of gender equality practices at the workplace, the promotion of flexible working arrangements, with the aim of facilitating the reconciliation of work and private life, and the monitoring of collective agreements, codes of conduct, research or exchanges of experience and good practice in the area of gender equality.
Amendment 36 #
2014/2150(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes efforts to identify genuine opportunities for simplification of legislation; stresses the need for simpler, clearly-worded rules that remove complexity and can be implemented in a simple manner in order to improve compliance, particularly in the area of health, safety and employment legislation;
Amendment 104 #
2014/2150(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further measuresSupports continuous work to check that legislation is doing what it was intended to do and to identify areas where there are inconsistencies and ineffective measures;
Amendment 113 #
2014/2150(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Commission to continue to improve the legislative cycle and to introduce sunset clauses to ensure that employment legislation is periodically reviewed;
Amendment 127 #
2014/2150(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to prioritise action in the fields of what have been identified as the ‘Top Ten’ most burdensome laws for SMEs, including the working time and temporary agency directive, after 'Top Ten', to seek wider range of cooperation with different stakeholders, e.g. social partners and enterprises, to find ways to create jobs and to reduce burdens of SMEs;
Amendment 156 #
2014/2059(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Highlights the rising number of workers, particularly young people, departing their countries of origin for other Member States in search of employment opportunities, and is deeply concerned about the persistent divergences between those Member States creating employment and those supplying a low-cost labour force; urges the Commission to develop a better legal framework for cross-border movement of workers in order to ensure freedom of movement while consecrating the principle of equal treatment and safeguarding wages and social standards; calls for the establishment in each Member State, either by law or through collective bargaining, of a minimum wage equivalent to at least 60 % of the respective national average wage;
Amendment 163 #
2014/2059(INI)
Draft opinion
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that Europe needs stronger nominal wage dynamics to steer the economy away from the debt deflation trap, and robust increases in real wages to put the economy onto a strong growth trajectory; considers furthermore that the respect and promotion of autonomous collective bargaining is the best instrument to achieve these goals, as well as for negotiating restructuring processes, supporting productivity and investment, fostering redistribution and fighting poverty, and for restoring democracy and workers' participation at the workplace; underlines that the statutory minimum wage should be increased substantially in those countries where the social partners consider it necessary; stresses that these minimum wages need to respect the European Social Charter of the Council of Europe which calls for a remuneration that will give workers and their families a decent standard of living;
Amendment 86 #
2014/0285(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The plan shall aim at contributinge to the implementation of the landing obligation established in Article 15(1) of Regulation (EU) No 1380/2013 for the stocks concerned and for plaice.
Amendment 177 #
2014/0285(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the prior notification obligation laid down in that Article shall apply to masters of Union fishing vessels of eight metres overall length or more retaining on board at least 300 kg of cod or two tons of pelagic stocks. The competent authorities of the coastal Member States may give permission to an earlier entry at port.
Amendment 183 #
Amendment 1 #
Amendment 217 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) The EURES Partners which are the organisations, including trade unions and employers' organisations, authorised by Member States to provide at national, regional and/or local level support with clearance and/or support services to workers and employers.
Amendment 298 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
Article 7 – paragraph 3 – subparagraph 1 – point a
(a) living and working conditions, including those laid down in collective agreements;
Amendment 302 #
2014/0002(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c
Article 7 – paragraph 3 – subparagraph 1 – point c
(c) the rules applicable to workers, including those laid down in collective agreements;
Amendment 456 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) all job vacancies available with its public employment services as well as those provided by its EURES Partners, provided that the employers concerned have consented to making the information available to the EURES portal;
Amendment 465 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) shall not make any distinction according to the nature and duration of contracts nor the recruitment intentions of employers;
Amendment 473 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(b a) shall primarily include permanent jobs;
Amendment 478 #
2014/0002(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Where job vacancies are targeted towards applicants with specific skills (such as language skills) an employer shall have the possibility to exclude the vacancy from the EURES portal.
Amendment 586 #
2014/0002(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Upon recruitment of a worker in another Member State as a result of the services provided in accordance with this Article, the EURES Partners concerned provide the person concerned with the contact details of organisations, including the social partners, in the Member State of destination which can offer post- recruitment assistance.
Amendment 607 #
2014/0002(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Upon recruitment of a worker from another Member State as a result of the services provided in accordance with this Article, the EURES Partners concerned provide the employer concerned with the contact details of organisations, including the social partners, which can offer assistance with the integration of newly recruited workers from other Member States.
Amendment 3 #
2013/2135(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes, that job creation in "eco- industries" was positive during the recession in comparison to many other sectors1; __________________ 1 European Commission Staff Working document entitled: ‘Exploiting the employment potential of green growth’ (SWD(2012) 92 final) p. 5.
Amendment 6 #
2013/2135(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes that wage shares in the low- carbon intensive sector have tended to fall less than in the top 15 emitting industries, especially during recent years;1 __________________ 1 ILO: Towards a greener Economy: The Social Dimensions p. 48.
Amendment 12 #
2013/2135(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes, that the 573 billion euros used to import fossil fuels in 20111, represents an unused potential for growth and job creation in the green sector of the EU; __________________ 1 http://ec.europa.eu/commission_2010- 2014/hedegaard/headlines/news/2012-06- 14_01_en.htm
Amendment 93 #
2013/2127(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the shift in the attitude of trade unions towards EFP and eEncourages social partners to continue working together to develop new opportunities at the relevant levels7 ; __________________ 7 ‘Employee financial participation in companies’ proceeds' (PE 475.098), p. 35.
Amendment 3 #
2013/2112(INI)
Motion for a resolution
Recital A
Recital A
A. whereas labour inspection plays an important role in protecting employees' rights, insuring health and safety standards and combating unsafe working environments, in preventing abusive practices on the part of employers and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems;
Amendment 41 #
2013/2112(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public servants. This should not, however, preclude labour inspectors being assisted by representatives of the social partners;
Amendment 78 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to criminalise the most serious non-respect of working conditions;
Amendment 80 #
2013/2112(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that a system of electronic networking of all relevant social security authorities, along the lines of the Belgian ‘Crossroads Bank for Social Security’, making it easier for them to exchange data, is a useful tool for giving national labour inspectorates and the social partners access to data they need in order to make inspections;
Amendment 97 #
2013/2112(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that it is particularly common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as the application of the minimum wage where it is required by Member State law or national collective agreements;
Amendment 113 #
2013/2112(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that particular attention should be paid to the transport sector which due to its mobile character may pose additional challenges for labour inspectorates; calls for labour inspectorates to be adequately equipped in order to undertake effective inspections of this sector;
Amendment 115 #
2013/2112(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the national labour inspectorates or other relevant authority, such as the police or tax authorities, to draw up action plans to combat undeclared work, covering all forms of abuse in relation to employment and self- employment;
Amendment 120 #
2013/2112(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that national programmes for the further training of labour inspectors should, where national labour inspectorates are responsible for dealing with such questions, include specific modules on undeclared work and on related topics such as migration and human trafficking;
Amendment 139 #
2013/2112(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for better guidance by national labour inspectorates in relation to employees' basic rights, stiffer penalties for companies that fail to meet their obligations in relation to employees' basicthese rights, and considers that such penalties must have a sufficiently deterrent effect to ensure that employers cannot gain from circumventing the existing rules on employment and health protection;
Amendment 146 #
2013/2112(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers effective cooperation between national authorities and the social partners to be important in the effort to end social dumping and ensure that competition in the single market is fair; welcomes the Commission's initiative to create a European Platform for labour inspectors;
Amendment 158 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission, without prejudice to the principle of subsidiarity, to introduce a European Agency for cross- border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation of cross-border controls;
Amendment 179 #
2013/2112(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted and should be expanded; calls for A1 posting certificates to be entered in an EU-wide register - which should complement existing national registers - in order to facilitate the control at national level of employment relationships among posted workers;
Amendment 185 #
2013/2112(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the lack of emphasis, in existing social security and employment directives, on improved implementation and on the role of labour inspectorates; considers that the existing directives need to be thoroughly reviewed and revised where necessary and that the role of labour inspectorates and the social partners needs to be taken account in social security and employment related matters in such a way as to afford effective protection;
Amendment 208 #
2013/2112(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission, without prejudice to the principle of subsidiarity, to propose a directive underpinning the role of labour inspectors and laying down European labour-inspection standards, which should take into account the differences between national labour markets;
Amendment 221 #
2013/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers it important that the Commission's rules against social dumping should be enshrined in a binding legal instrument; deems it necessary to introduce an EU-level labour inspection system for implementing the Commission's powers in this regard in cooperation with national authorities and the social partners;
Amendment 1 #
2013/2073(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part- time contracts and unremunerated work placement schemes all too often replacing existing jobs;
Amendment 2 #
2013/2073(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Whereas the economic loss due to disengagement of young people from the labour market was estimated at EUR 153 billion, corresponding to 1.2 % of EU GDP3; __________________ 3 Eurofound (2012), NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe, Publications Office of the European Union, Luxembourg.
Amendment 3 #
2013/2073(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Whereas in 2011, 7.5 million young people aged 15-24 and 6.5 million aged 25-29 were not in education, employment or training (NEET's);
Amendment 16 #
2013/2073(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the Europe 2020 headline targets, namely that 75 % of the population aged 20-64 should be employed, that early school-leaving rates should be below 10 %, and that at least 20 million people should be lifted out of poverty and social exclusion; stresses that the implementation of the Youth Strategy during the next cycle should be closely linked to achieving the Europe 2020 headline targets;
Amendment 34 #
2013/2073(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Identifies the education-to-work transition as an especially important moment for young people; calls on the Member States to strengthen the provision of advice and guidance services at an early stage in order to improve young people's ability to make adequately informed decisions about their future career;
Amendment 45 #
2013/2073(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that the success of a youth guarantee is highly dependent on other public policies in place, insuring the necessary infrastructure and capacity of employment services to provide tailored and personalised services to young people; highlights that a successful youth guarantee is also dependant on the efforts of employers and the inclusion of the social partners;
Amendment 47 #
2013/2073(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Believes that the Commission should propose a definition of high-quality traineeships including criteria for appropriate pay, working conditions and health and safety standards regardless of the length of the traineeship;
Amendment 48 #
2013/2073(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses that young people's mobility should be enhanced in order to better match labour supply and demand, including through the EURES job portal, Lifelong Learning and Youth in Action;
Amendment 57 #
2013/2073(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that the Structured Dialogue is a valuable way of involving young people in decision-making and enhancing ownership of the Youth Strategy; calls on the Member States to embrace the use of this forum during the next cycle of the Youth Strategy;
Amendment 107 #
2013/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the crisis has led to a rise in precarious forms of employment for young people, with short-term and part- time contracts and unremunerated work placement schemes all too often replacing existing jobs; recognises that austerity policies have had a dramatic negative effect on employment and led to an increase in unemployment, particularly for young people;
Amendment 111 #
2013/2045(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that special attention should be paid to vulnerable groups at high risk of social exclusion, including people who are not in education, employment or training (NEETs),
Amendment 130 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders, including training and education providers, individual employers, public and private employment services, social partners, youth organisations, third-sector organisations, and health and other authorities, is essential for the successful implementation of a variety of measures fostering youth employment and employability in an integrated fashion; emphasises that measures must be flexible so as to meet the continuously evolving needs on the labour market;
Amendment 157 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility to graduates aged under 30; stresses that the success of this measure will be highly dependent on other factors, e.g. the infrastructure and capacity of public and strengthened private employment services, the availability of student places, the provision of training and, apprenticeships, and the transferability and implementation of successful experiences from other Member States and adequate follow-up through the National Reform Programme of each Member State so that monitoring, evaluation and continuous improvement of the guarantee is possible; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards, including appropriate pay, working conditions and health and safety standards;
Amendment 199 #
2013/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to draw up further specific outreach strategies targeted on NEETs, which should combine effective forms of intervention aimed at tackling early school-leaving and the reintegration of early school-leavers with strategies facilitating a smooth transition from education to work, and an increase in the employability of young people, together with the removal of the practical and logistical barriers faced by young people with more complex needs; emphasises the good experiences from countries with VET-systems in improving the education-to-work transition; stresses that best practice should guide Member States which do not yet have VET-systems in place;
Amendment 206 #
2013/2045(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to explore the great potential of using public expenditure to support youth employment, for example by introducing youth employment criteria such as quota for young workers or the provision of apprenticeships. Encourages the Commission to publish guidelines on youth employment criteria in the field of public procurement and state aid;
Amendment 248 #
2013/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an ambitious holistic policy approach which looks at education, training, employment and self-employment initiatives, for all young people at all the various levels, in an integrated way; highlights that youth unemployment is linked to a general lack of economic growth in the EU; stresses therefore the urgent need to prioritise a job-friendly growth that will benefit young people as well, and to address structural barriers for young peoples' entry into the labour market;
Amendment 249 #
2013/2045(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the European Commission to put forward a proposal for a European Youth Corps program with the purpose of giving young people under the age of 30 across Europe the possibility to do voluntary work in another Member State than their own for up to three months; notes that the idea of the European Youth Corps is to give young people the chance to use and upgrade their educational and social skills and increase young people's knowledge of another Member State and to promote friendship and integration across the EU; emphasises that work done by members of the Youth Corps must be voluntary and non-paid and may not replace existing jobs in the visited country; believes that a European Youth Corps should be conceived as a public- private partnership with the aim of setting up a program where young people can receive an individual grant which covers travel and living expenses for a maximum period of up to three months;
Amendment 255 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships, backed up by financial support and mandatory monitoring, as well as a common quality standard for traineeships and work placements including criteria for appropriate pay, working conditions and health and safety regardless of the length of the traineeship or the work placement; stresses that active promotion and awareness-raising in respect of such programmes is needed among entrepreneurs;
Amendment 275 #
2013/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the Alliance for Apprenticeship should also support European and national campaigns for changing perceptions of vocational education, and should organise a regular forum for discussions on the monitoring of the European apprenticeship strategy with all relevant European and national stakeholders; stresses that incentives should also be provided to facilitate funding for crossborder training activities enabling companies and social partner organisations to become involved in establishing dual education systems; calls on the Commission to come forward with a legislative proposal for an Alliance for Apprenticeship and a Quality Framework for Traineeships including a definition of high-quality traineeships with criteria for appropriate pay, working conditions and health and safety standards regardless of the length of the traineeship;
Amendment 310 #
2013/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. CallsIdentifies the education-to-work transition as an especially important moment for young people; calls therefore on the Member States to develop personalised career counselling and guidance, starting already during secondary school, with the aim of enabling young people to make well-informed choices about their higher education, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people's subsequent transition to work;
Amendment 176 #
2013/0436(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 2 – point a
Article 7 – paragraph 1 – point 2 – point a
Regulation (EC) No 1224/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 10 metres' length overall or more shall keep a fishing logbook of their operations, indicating specifically all quantities of each species caught and kept on board above 50 kg of live weight equivalent. The 50 kg threshold applies as soon as catches of a species exceed 50 kg.
Amendment 179 #
2013/0436(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 2 – point a a (new)
Article 7 – paragraph 1 – point 2 – point a a (new)
Regulation (EC) No 1224/2009
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
(aa) The following paragraph is inserted: "1a. By way of derogation from paragraph 1, masters of Union fishing vessels having caught pelagic or industrial species and keeping such catches on board fresh and unsorted may alternatively in their fishing logbook indicate all quantities of each species in these catches caught and kept on board above [10 %] of live-weight equivalent of the total catch caught and kept on board fresh and unsorted."
Amendment 1 #
Amendment 31 #
2013/0124(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality, including cross-border workers, in accordance with Union legislation, without discrimination based on residence, as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. Equal treatment of workers must be respected at all times in accordance with the rules in force in the Member State concerned, regardless of whether the rules are laid down in national law or collective agreements. The free movement of workers may never be exploited with a view to unequal treatment. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.
Amendment 42 #
2013/0124(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In July 2010, in its Communication on ' Reaffirming the free movement of workers: rights and major developments‘ the Commission pointed out that it will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant and mobile workers and their family members, and in the context of the new strategy for the single market will consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.
Amendment 50 #
2013/0124(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Adequate and effective application and enforcement are key elements in protecting the rights of workers, whereas poor enforcement and ensuring equality of treatment, whereas poor enforcement of Article 45 of the Treaty and Regulation (EU) No 492/2011 undermines the effectiveness of the Union rules applicable in this area.
Amendment 53 #
2013/0124(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The application and monitoring of the Union rules on free movement should be improved to ensure workers are better informed about their rights, to assist and to protect them in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers. In this connection Member States should also focus on the side effects of increased mobility such as brain drain and youth drain.
Amendment 57 #
2013/0124(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers' rights to free movement and equality of treatment for work purposes, Member States should take the appropriate measures to protect them against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right, including instances of double taxation.
Amendment 65 #
2013/0124(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To provide more effective levels of protection trade unions, associations and, organisations or other legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defensce before the courts.
Amendment 72 #
2013/0124(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should ensure the promotion of synergies with existing information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Member states shall also ensure that existing or newly created bodies are aware, make use of and co-operate with existing information and assistance services provided by the trade unions, associations, organisations or other legal entities.
Amendment 75 #
2013/0124(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue between social partners and with non-governmental organisations and between social partners to address and combat differentall forms of discrimination on the grounds of nationality.
Amendment 84 #
2013/0124(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers, trade unions and to other interested parties.
Amendment 89 #
2013/0124(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Member States should establish how employers, trade unions, workers and other peopleinterested parties can be provided with easily accessible, relevant information on the provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011. This information should also be easily accessible through Your Europe and EURES.
Amendment 93 #
2013/0124(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant and mobile workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States . The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 100 #
2013/0124(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The provisions of the Directive shall respect the different labour market models of the member states, including labour market models regulated by collective agreements;
Amendment 101 #
2013/0124(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by Article 45 of the Treaty on the Functioning of the European Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, including cross- border workers, in accordance with Union legislation, without discrimination based on residence.
Amendment 104 #
2013/0124(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) conditions of employment and work, in particular as regards remuneration and, dismissal and health and safety at work;
Amendment 124 #
2013/0124(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions, including instances of double taxation, to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 139 #
2013/0124(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Action of trade unions, associations, organisations or other legal entities
Amendment 141 #
2013/0124(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that trade unions, associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, collective agreements or national practices, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of a collective interest or on behalf of or in support of the worker and members of his/her family, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 151 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that the competences of these bodies includeare without prejudice to national tasks, practices or competences already carried out by the social partners:
Amendment 159 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Member States shall also ensure that existing or newly created bodies are aware, make use of and co-operate with existing information and assistance services provided by the trade unions, associations, organisations or other legal entities.
Amendment 168 #
2013/0124(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encourage dialogue with the social partners and appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.
Amendment 55 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
article 46 – paragraph 1 – point b– subpoint iii a (new)
article 46 – paragraph 1 – point b– subpoint iii a (new)
a description of adverse impacts of company activities in relation to these matters, taking into account the company's complete supply chain.
Amendment 57 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subpoint iii b (new)
Article 46 – paragraph 1 – point b – subpoint iii b (new)
a description of how the company has pursued its policies relating to these matters in relation to its suppliers and subcontractors, including information on operations of the company, involving its suppliers and subcontractors, that have been subject to fines and sanctions due to infringements of EU legislation including, but not limited to, social legislation, transport legislation, and environmental legislation.
Amendment 63 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c – subparagraph 5
Article 46 – paragraph 1 – point c – subparagraph 5
To the extent necessary for an understanding of the company's development, performance or position, and employment rights as well as social rights, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 84 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer and/or heavier vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(2), (3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 164 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one of the conditions under (a) and (b) is fulfilled:
Amendment 177 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/53/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 178 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/53/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
(2b) The first paragraph of Article 4(4) of Directive 96/53/EC is amended as follows: "4. Member States may allow vehicles or vehicle combinations used for transport which carry out certain transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I."
Amendment 19 #
2013/0062(COD)
Proposal for a directive
Recital 1
Recital 1
(1) According to Article 153 of the Treaty, the European Parliament and the Council may adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the health and safety of workers. Such directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
Amendment 20 #
2013/0062(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) It is important to point out that the exposure to hazardous substances and mixtures takes place across various sectors of the labour market - including manufacturing, service industries, agriculture, health care and education - and in both larger undertakings as well as small and medium-sized undertakings. Therefore health and safety standards should be applied without exception to all areas of the labour market and all types of undertakings regardless of their size.
Amendment 21 #
2013/0062(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Article 31(1) of the Charter of Fundamental Rights of the European Union provides that every worker has the right to working conditions which respect his or her health, safety and dignity. Health and safety standards at work may therefore under no circumstances be seen as administrative constraints on the undertakings that employ workers.
Amendment 22 #
2013/0062(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Those amendments are necessary to ensure the continued effectiveness of the above-mentioned Directives without however, reducing the level of protection of workers provided by those Directives.
Amendment 24 #
2013/0062(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is important to point out that employees within certain professions - such as the hairdressing or cosmetics' professions - are in daily contact with substances and mixtures often without adequate protection. Therefore, such professions should be covered by provisions which protect workers against hazardous substances and mixtures. In this regard it is important to recall the European Framework Agreement on the Protection of Occupational Health and Safety in the Hairdressing sector, adopted between the social partners Coiffure EU and UNI Europa Hair and Beauty, which is intended to contribute to improving health and safety at work for those professions.
Amendment 179 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Fully supports the Commission's intention to put forward a legislative proposal on ‘non-financial disclosure’ by businesses; warns that use of the term ‘non-financial’ should not disguise the very real financial consequences for business of social, environmental and human-rights- related impact; calls for an ambitious proposal which places the EU right among the many current international initiatives on mandatory corporate sustainability reporting and squarely within the objective of making Integrated Reporting, as being developed by the IIRC, the global norm by the end of the decade; believes that a "comply or explain" system is a useful tool in CSR; is in favour of introducing a CSR policy in businesses and that any deviation from a CSR policy should be explained in a meaningful way;
Amendment 200 #
2012/2097(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees that there cannot be a ‘one size fits all’ approach to CSR but, recognising that the profusion of private and voluntary initiatives can generate additional costs and be a barrier to implementation,; calls on the Commission, together with other international bodies, to make a commitment to supporting the long-term objective of ‘convergence’ of CSR initiatives, as well as pushing forward the guidelines found in the International Standard ISO 26000 so as to ensure a single global, coherent and transparent definition of CSR;
Amendment 18 #
2012/2042(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that health and safety at work and workers' protection cannot be considered burdensome regulations; calls on the Commission to simplify excessive administrative burdens while always ensuring health and safety at work and guaranteeing that SMEs provide adequate knowledge and resources to manage employees' working environment properly; this support could include: disseminating good practices, training employees, developing simple risk- assessment tools and guidelines, providing access to affordable, good-quality prevention services, offering financial incentives, etc.;
Amendment 48 #
2012/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Within the framework of fitness checks, calls for the identification of areas in which there are excessive burdens, inconsistencies or ineffective legislation in the field of employment that have an adverse impact on SMEs; calls on the Commission to consider a ‘one in, one out rule’ that allows the objectives of health, safety and equality provisions to be maintained and safeguards the principle of subsidiarity;
Amendment 58 #
2012/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes and strongly supports the focus onthe introduction of a micro- enterprises in a strengthenedities dimension in a SME test (see COM(2011)0803) through which all available possibilities such as exclusion from the scope, individual provisions, extended transition periods or lighter regimes are systematically assessed.; believes, however, that the SME test should in any case guarantee an appropriate compliance with European legislation on health and safety at work;
Amendment 23 #
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 orderMember States should be able 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 by law or by collective agreement in accordance with national practices of regulating personal data in the employment context between employer- and workers' representatives. Such collective agreements can also regulate the processing of personal data and be the primary legal instrument for the parties to the agreement. The Regulation should not impose restrictions on collective agreements. 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) or 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 it should also be possible to regulate the processing of personal data in thean employment sector. context by such an agreement.
Amendment 35 #
2012/2011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. This should not affect the right of the employer to process data on the basis of consent by the employee nor the right of public authorities to process data on the basis of consent by the citizen.
Amendment 43 #
2012/2011(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6 a. While complying with the data requirements of this Regulation, especially privacy by design, the provisions in paragraph 4 and 6 of this Article do not change the right of public authorities to store data for documentary evidence of a given case history.
Amendment 48 #
2012/2011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a a (new)
Article 28 – paragraph 4 – point a a (new)
a a. public authority when dealing with data other than personal sensitive data in accordance with Article 9, paragraph 1.
Amendment 58 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor, after obtaining the consent of the workplace representation, shall designate a data protection officer in any case where:
Amendment 66 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 (new)
Article 35 – paragraph 2 – subparagraph 1 (new)
If the undertakings in this group are located in more than one Member State, a data protection officer shall be appointed in each of these Member States where the conditions set out in paragraph 1 are met.
Amendment 67 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The controller or processor, after obtaining the consent of the workplace representation, shall designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor. The data protection officer shall be given the opportunity to follow regular further training in the context of their duties, whereby the costs of such training shall be borne by the controller and/or processor.
Amendment 84 #
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 not be undercut, especially where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings. The right of Member States - or the social partners via collective agreements - to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected.
Amendment 100 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. The open optical-electronic and open acoustic-electronic monitoring of parts of an undertaking which are not accessible to the public and are used primarily by employees for private activities, especially in bathrooms, changing rooms, rest areas, and bedrooms, shall be prohibited. Clandestine surveillance shall be inadmissible under all circumstances. Any surveillance in areas that are open to the public shall be communicated by means of a visible sign.
Amendment 12 #
2012/0236(COD)
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3 a) Maintaining fishing mortality rates at a sustainable level, based on scientific advice, should allow fish stocks to recover. Member States should give priority to the development and promotion of measures and incentives that aim to avoid unwanted catches. Financial support should be provided for the use of selective gear measures.
Amendment 21 #
2012/0236(COD)
Proposal for a regulation – amending act
Article 1 – point 2
Article 1 – point 2
Regulation (EC) 1342/2008
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards shall be implemented. Selective gears measures shall be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States shall consult the North Sea Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted.
Amendment 31 #
2012/0236(COD)
Proposal for a regulation – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No1342/2008
Article 12 a (new)
Article 12 a (new)
(5a) The following Article is inserted: 'Article 12 a In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards shall be implemented. Selective gears measures shall be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States shall consult the North Sea Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted.'
Amendment 40 #
2012/0232(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) During the Fisheries Consultations between the Union and Norway of 28 June 2012 common technical and control measures were specified to be applied in the Skagerrak, the list of species to be covered by an obligation to land all catches and the timetable by which these species should be progressively included in the obligation to land. In consultation with the relevant stakeholders and the working group, the Commission should be able to remove species from the list. It should not be possible to add new species before an evaluation of the agreement is made two years after this regulation has entered into force.
Amendment 45 #
2012/0232(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) For the protection of juvenile fish, the functioning of the fisheries market and to ensure thaMinimum conservation reference sizes should be set for stock made subject nto unjust profit can be gained from catching fish under a minimuman obligation to land by this Regulation. Member States, in consopervation reference size, the handling of such catches should be limited to fish meal, pet food or other non-human consumption products, or for charitable purposwith the North Sea Regional Advisory Council, should introduce selective gears and incentives for fishermen to minimise the catch of juveniles. [Art. 5]
Amendment 65 #
2012/0232(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts to amend Annex I on the basis of advances in scientific information, consultations with the working group or where the burden to fishermen proves to be disproportionate to the benefits. Those delegated acts shall be adopted in accordance with Article 16New species shall not be added before the evaluation of the agreement between the Union and Norway on common technical and control measures to be applied in the Skagerrak , to be carried out by ...* and in consultation with relevant stakeholders and the monitoring group. Those delegated acts shall be adopted in accordance with Article 16. _____________ * OJ: Please insert the date: two years after the entry into force of this Regulation.
Amendment 74 #
2012/0232(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a mMinimum conservation reference size is set for a stock subject to Article 3, the sale of catches of that stock below the minimum conservation reference size shall be restricted for reduction to fish meal, pet food or other non-human consumption products only, or for charitable purpos. Member States, in cooperation with the North Sea Regional Advisory Council, shall introduce selective gears and incentives for fishermen to minimise the catch of juveniles.
Amendment 77 #
2012/0232(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By way of derogation from Articles 4, 15, 19(1), 35, 36, 37 of Regulation (EC) No 850/98 this Chapter shall also apply to areas other than the Skagerrak for the whole fishing trip of a vessel. Vessels fishing in the Skagerrak and other areas shall be exempted from the kW-rule as the vessel during the whole fishing trip is subject to the discard ban and associated control rules.
Amendment 79 #
2012/0232(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By way of derogation from Article 17 of Regulation (EC) No 1224/2009, masters of Union fishing vessels retaining on board fish stocks subject to Article 3 of this Regulation shall notify the competent authorities of their flag Member State of the information listed in Article 17(1) of Regulation (EC) No 1224/2009 two hours before entering into portany port of another flag state or third country than where the vessel is registered.
Amendment 83 #
2012/0232(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member StateFishing vessels shall operate a Remote Electronic Monitoring (REM) system for monitoring of fishing activities of the fishing vessels flying their flag and operating in the Skagerrak.
Amendment 84 #
2012/0232(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1a (new)
Article 11 – paragraph 1 – subparagraph 1a (new)
Funding shall be made available for fishermen implementing CCTV-schemes, in order to prevent an excessive economic burden for the fishermen concerned.
Amendment 92 #
2012/0232(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) as from 1 January 2014 to Union fishing vessels of 15 metres' length overall or more;
Amendment 93 #
2012/0232(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) as from 1 July 2015 to Union fishing vessels of 12 metres' length overall or more.
Amendment 96 #
2012/0232(COD)
Proposal for a regulation
Article 14
Article 14
Member States concerned shall report to the Commission on the implementation of this Regulation in the thirsecond year after the entry into ...* and beforce of this Regulation and then every third year thereafternew species are added as referred to in Article 3(4) and then every second year thereafter. ___________ * OJ: Please insert the date: two years after the entry into force of this Regulation.
Amendment 97 #
2012/0232(COD)
Proposal for a regulation
Article 15
Article 15
The Commission shall, on the basis of the reports from Member States referred to in Article 14 and in conjunction with scientific advice, evaluate the impact of the measures on the stocks and fisheries and the social and economic consequences on the fishery sector concerned in the year following that in which it receives the reports.
Amendment 103 #
2012/0232(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) Article 3(3) of Regulation 847/1996 , when more than 75 % of a quota for a stock subject to Article 3 has been utilized before 31 October of the year of its application, the Member State to which such a quota has been allocated may request the Commission's permission to land additional quantities of fish of the same stock to be deducted from the quota of that stock in the following year indicating the additional quantity required (borrowing), and
Amendment 193 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Fishing authorisations referred to in paragraph 1 for vessels using bottom trawls or bottom-set gillnets shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with bottom trawls or bottom-set gillnets shall neither be issued nor renewed.
Amendment 21 #
2012/0077(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the revision of the minimum fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan. It is of particular importance that the Commission carry out appropriate consultations with the Baltic Sea Regional Advisory Council and relevant stakeholders during its preparatory work, including at expert level.
Amendment 29 #
2012/0077(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) 1098/2007
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 31 #
2012/0077(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) 1098/2007
Article 27
Article 27
Article 27 Article 27 The Commission shall be empowered to adopt delegated acts in consultation with the Baltic Sea Regional Advisory Council and relevant stakeholders and in accordance with Article 29a to revise the minimum fishing mortality rates set out in Article 4, when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.
Amendment 62 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,
Amendment 65 #
2012/0061(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty. The implementation of these principles is further developed by Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerlegislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.
Amendment 79 #
2012/0061(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 88 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and, Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 99 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practiceas provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost Member State provide for thising, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.
Amendment 101 #
2012/0061(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 105 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecthile underlining the important role of labour inspectorates and the social partners in this respect.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
Amendment 118 #
2012/0061(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.
Amendment 119 #
2012/0061(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.
Amendment 120 #
2012/0061(COD)
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
Amendment 144 #
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 certainthe necessary control measures orand 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 in order to effectively combat fraud and unfair competition.
Amendment 152 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.
Amendment 154 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.
Amendment 164 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
Amendment 181 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 199 #
2012/0061(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.
Amendment 208 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
Amendment 215 #
2012/0061(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
Amendment 217 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of provisions, measures and control mechanisms necessary forenabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rulesterms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.
Amendment 223 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 226 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.
Amendment 237 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 255 #
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 tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
Amendment 268 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 312 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.
Amendment 318 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Amendment 333 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of time in another Member State; of a maximum of six months in another Member State; with the agreement of the social partners of the Member States to which the posting takes place, the posting period can be longer, but cannot in any case exceed one year; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;
Amendment 338 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b
Article 3 – paragraph 2 – subparagraph 2 – point b
(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work according to Regulation (EC) No 593/2008 and/or the Rome Convention;
Amendment 341 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;
Amendment 342 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;
Amendment 346 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working tofor the Member State from which he/she issame employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;
Amendment 358 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done, as well as;
Amendment 379 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factorsshall be included in the overall assessment to be made and mayshall not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.
Amendment 392 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.
Amendment 397 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 454 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.
Amendment 458 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.
Amendment 461 #
2012/0061(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 465 #
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 to reasoned requests for information without delay 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 and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 474 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 480 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.
Amendment 499 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 502 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 504 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 513 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 518 #
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 record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.
Amendment 533 #
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 followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 542 #
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 at the latest at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - 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, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
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 documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - 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 wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as 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 568 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
Amendment 578 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 615 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.
Amendment 616 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 674 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts and to national provisions according to which the parties to the collective agreements enforce these agreements.
Amendment 700 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 701 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 718 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 736 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 755 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 764 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 788 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.
Amendment 800 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 825 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.
Amendment 56 #
2011/2320(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Warns that austerity measures and reduction of administrative burden should not compromise social and health and safety standards or result in lighter conditions or exclusion from the EU legislation of e.g. third-country nationals seasonal workers or posted workers working in SMEs or micro-enterprises;
Amendment 51 #
2011/2292(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas small-scale coastal fishing and artisanal fishing have very different characteristics which vary from country to country and from coast to coast;
Amendment 72 #
2011/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Rejects a definition of small-scale fishing that is restrictive and detached from reality; considers that the definition of small-scale fishing should cover a range of criteria, in addition to the strict boat-size criterion, including, inter alia, the impact of fishing techniques on the marine ecosystem, time spent at sea and the characteristics of the economic unit exploiting the resources, and the very different characteristics of small-scale coastal fishing and artisanal fishing in different areas of the EU;
Amendment 114 #
2011/2292(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the importance of ensuring all relevant interested parties are involved in the development of policies concerning small-scale coastal fishing and artisanal fishing;
Amendment 54 #
2011/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that OHS policies, at European and national level, should be made consistent with other public policies: health, employment, industry, public procurement, environment, transport, education and energy;
Amendment 64 #
2011/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the next European strategy to set more measurable goals, together with binding timetables and a periodic evaluation; hopes to see the objective of one labour inspector per 10 000 workers, as recommended by the ILO, become binding as a minimum obligation of the Member State;
Amendment 201 #
2011/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an impact assessment of the potential risks from nanotechnologies in the workplace and calls for legislative actions to ensure that nano-materials are fully covered by the Europaen OHS regulation;
Amendment 223 #
2011/2147(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to use all scientific elements and propose legislation on new potentially harmful substances and risk factors, including work organisation;
Amendment 226 #
2011/2147(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates its call for recommendation 2003/670 concerning the European schedule of occupational diseases to be transformed into a directive, and calls on the inclusion of asbestos related diseases into such a directive;
Amendment 227 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Believes that research into the health and safety of the following occupations needs to be carried out immediately: - hairdressers and how the chemicals they work with effect the health of the hairdressers and of their unborn children; - working time for pilots - workers in and around airports in regards to particle pollution and how this exposure make them more at risk of getting certain diseases such as cancer - baggage handlers in airports in regards to how heavy lifting effects their health - bus drivers performing mobile road transport activities on routes shorter than 50 km since these bus drivers are exempt from the rules in Regulation (EC) No 561/2006 and to what extent this effects the road safety and the health and safety of the bus drivers;
Amendment 228 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls on the Commission, if new studies or science prove that certain occupations have high health and safety risks, to immediately take the appropriate measures to protect the safety and health of the workers;
Amendment 230 #
2011/2147(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Is alarmed at the persistent number of cancers associated with the exercise of an occupation ; regrets that a large number of workers are still exposed to the dangers of asbestos , reiterates its call for an Commission initiative on asbestos including organising a hearing on how to tackle the huge OHS problems related to existing asbestos in buildings and other constructions such as ships, trains and machinery; also calls on Member States to draw up national action plans on phasing out asbestos, including obligations to map asbestos in buildings and provide for the safe removal of asbestos;
Amendment 243 #
2011/2147(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Reiterates its call upon the Commission to avoid compromising the level of protection achieved in the European OHS directives when examining the possibilities to simplify the legislation;
Amendment 101 #
2011/2067(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the combination of demographic change and changes in production chains calls for better employment, education and work organisation strategies in order to maximise the competitiveness of the European economy, minimise the loss of human capital and create new job possibilities; recalls that training and improving human capital also have non- economic advantages for the individual, such as improved health and well-being, longer life expectancy and greater likelihood of taking part in the life of society;
Amendment 122 #
2011/2067(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that national flexicurity arrangements must be strengthened and adapted to the new socio-economic contextspecific needs of each individual Member State, in accordance with its specific needs, in order to ensure a flexible and active labour market, efficient training and secure social security systems; warns against one-size- fits-all solutions;
Amendment 154 #
2011/2067(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for better monitoring of the upcoming skill demand in Europe and for an immediate transposition of the findings into education and the lifelong learning policies of the Member States; considers that a ‘knowledge alliance’ that brings together business and education institutions would be a useful instrument in addressing innovation and skills gaps;
Amendment 160 #
2011/2067(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for greater use to be made of continuint vocational training in the Member States with a view to upgrading the skills of the workforce;
Amendment 186 #
2011/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages Member States to integrate ICT competences, digital literacycommunication in foreign languages and transversal key competences such as communication in foreign languages, as well as entrepreneurship, into their vocational training and lifelong learning policiereativity and cultural understanding, into all levels of educational systems;
Amendment 207 #
2011/2067(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers it necessary to improve mutual recognition ofmake the requirements for competences, diplomas and skills at EU level, with the same recognition being extended to workers from third countriesmore transparent as a basis for mutual recognition and the development of methods and instruments, e.g. in the form of common guidelines for mutual recognition which can facilitate, for the individual worker, the process leading to the recognition of training and competences acquired;
Amendment 241 #
2011/2067(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that in future there will be a lack not only of qualified workers in the fields of science, technology, engineering and other knowledge industries, but that an effort needs to be made in general to raise qualification levels among skilled and unskilled workers;
Amendment 245 #
2011/2067(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that a barrier-free and competitive single market has to be completed in order to facilitate free movement of workers; in this regard, calls on the Commission and Member States to work closely with social partners and to encourage sharing of best practice and experience in this areaof how the internal market is developing in terms ofsocial security for wage-earners and in the light of the pay and working conditions in the host country;
Amendment 263 #
2011/2067(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the health-care sector has a critical role to play in achieving the goals of the Europe 2020 strategy; furthermore considers that, because of demographic change, the health and social care sector is an important employer, whose significance is likely to grow; calls on the Commission to initiate a study on care assistants employed in clients’ homes in order to establish whether EU legislation provides sufficient social protection for this category of workers and whether this group is fully covered by the standards and rules of the Member States’ labour markets;
Amendment 87 #
2011/2035(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Does not believe that multinationals or large firms should be able to receive support from the ESF or ERDF, and accordingly calls for the ERDF and ESF regulations to be amended so that business support can be given only to small and medium-sized enterprises;
Amendment 66 #
2011/2024(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for a pragmatic approach to language tests, where registration is not possible without proof of language but areis permitted upon an offer of employment; takes the view that it is a matter for the Member States as sovereign entities to set langage requirements at all levels of their education systems; considers that national authorities have the power to require individual applicants to take a language test;
Amendment 111 #
2011/0438(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements — applicable during performance of the contract — to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation. Contract performance conditions may be determined in accordance with the Commission guidelines of October 2010: ‘Buying social: a guide to taking account of social considerations in public procurement’1. ______________ 1 SEC(2010)1258 final.
Amendment 115 #
2011/0438(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) The provisions of the Directive should respect Member States’ different labour market models, including those where collective agreements apply.
Amendment 116 #
2011/0438(COD)
Proposal for a directive
Recital 44 b (new)
Recital 44 b (new)
(44b) Member States should be able to use contract clauses that contain provisions on compliance with collective agreements, insofar as this is mentioned in the contracting authority’s contract notice or in the tender specifications, so as to comply with the principle of transparency.
Amendment 22 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as relating the case of a doctor of medo the public ine or other health professionalsterest, a Member State should be able to refuse partial access.
Amendment 39 #
2011/0435(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' and consumers' safety. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State. and should therefore be reasonable and necessary. The concept of reasonable and necessary should be defined in cooperation between the competent authorities and the national social partners within a given sector
Amendment 46 #
2011/0435(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States shall be encouraged to publicly share information about their national arrangements for basic education and training and their quality assurance arrangements for the purposes of improving trust and confidence in Member States' education and training systems and to ensure that all relevant courses are compliant with the requirements of this Directive.
Amendment 64 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 5
Article 4a – paragraph 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States shall ensure that competent authorities inform citizens, including prospective applicants, as well as the social partners on the advantages of a European Professional Card where it is available.
Amendment 66 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. The Commission shall consult the national and European social partners regarding the precise technicalities of each sector-specific professional card and shall also conduct pilot projects taking into account the particularities of each profession concerned before introducing the professional cards.
Amendment 80 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 4
Article 4e – paragraph 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, profession, applicable regime, competent authorities involved, card number, security features, education, professional experience, training courses of importance to public safety and reference to a valid proof of identity.
Amendment 83 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – introductory part
Article 4f – paragraph 1 – introductory part
1. TAfter having consulted the national social partners of the sectoral professions that the applicant belongs to, the competent authority of the host Member State shall grant partial access to a professional activity in its territory, provided that the following conditions are fulfilled:
Amendment 85 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
(b) the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. During the overall assessment of whether the activity shall be deemed to be separable from other activities, the host Member State's competent authorities shall consider among other things whether the activity is exercised as an autonomous activity in the home Member State.
Amendment 86 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1
Article 4f – paragraph 1
Amendment 88 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public healthrelating to the public interest, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 92 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 3
Article 4f – paragraph 3
3. Applications forIn case of establishment in the host Member State, applications for establishment shall be examined in accordance with Chapters I and IV of Title III in case of establishment in the host Member State. by the competent authorities of the Member State in close cooperation with the national social partners representing the sectoral professions.
Amendment 97 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Amendment 105 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point i
Article 1 – paragraph 1 – point 7 – point a – point i
Directive 2005/36/EC
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) for professions in the security sector, the educational sector and in the health sector, where the Member State so requires for its own nationals, evidence of neither temporary and final suspensions from exercising the profession nor criminal convictions
Amendment 108 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
For the first provision of services, in the case of regulated professions having public health or safety implicationswith overriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 111 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary in order to avoid serious damage to the health or safety of the service recipienpublic interest under its national laws and regulations. Member States shall provide the Commission with a specific justification for the inclusion of each of those professions in the list.
Amendment 115 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to the public health or safetyinterest, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 118 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2005/36/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in case of doubts, to provide any information relevant to the legality of the service provider's establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In case of control of qualifications, the competent authorities of the host Member State may ask the competent authorities of the Member State of establishment information about the service provider training courses to the extent necessary to assess substantial differences likely to be harmful to the public health or safetyinterest. The competent authorities of the Member State of establishment shall provide that information in accordance with Article 56.
Amendment 154 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
A Member State shall ensure that any controls of the knowledge of a language are carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have beenwhile the relevant decisions are taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 160 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions withrelating to patient safety implior quality in educations, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisat social partners representing the sectoral professions.
Amendment 177 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 2
Article 56a – paragraph 2
2. In the cases not covered by Directive 2006/123/EC, wWhere a professional established in a Member State carries out a professional activity under a professional title other than those referred to in paragraph 1 and within the framework of this Directive, a Member State shall inform without delay other Member States concerned and the Commission upon gaining actual knowledge of any conduct, specific acts or circumstances which is related to such activity and which could cause serious damage to the health or safety of persons, the public interest or to the environment in another Member State. That information shall not go beyond what is strictly necessary to identify the professional concerned and shall include the reference to the decision of a competent authority prohibiting him or her from pursuing the professional activities. Other Member State may request further information under the conditions set out in Articles 8 and 56.
Amendment 24 #
2011/0434(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) compatible with the obligations imposed by international agreements to which the Union is a party - in particular the Agreement establishing the World Trade Organisation - and any other relevant normprovisions of international law.
Amendment 42 #
2011/0410(CNS)
Proposal for a decision
Article 11
Article 11
In light of the long-standing and special relationship between the EU and Greenland and the increasing global importance of the Arctic, the continuation of the EU's financial commitment towards Greenland is confirmed. The indicative amount for the implementation of this Decision for the period from 2014 to 2020 shall therefore be EUR [217,8 million.]6 __________________ 6 All reference amounts will be entered after the conclusion of negotiations regarding the Multiannual Framework (2014-2020)
Amendment 37 #
2011/0397(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) In order to improve the working conditions of baggage handlers, limits in the maximum allowable baggage weight should be reduced further, especially where baggage handling is performed manually. When handling bagage manually, the weight of individual pieces of bagage should also be clearly indicated through a baggage tagging system dividing baggage items into different weight classes.
Amendment 41 #
2011/0397(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) Considering that work in the field of baggage handling services can lead to the risk of employees being worn out early in their working life, this Regulation gives Member States the possibility of introducing national legislation in order to improve working conditions.
Amendment 43 #
2011/0397(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Safeguarding of employees' rights in the event of transfer of staff for services subject to market access restrictions
Amendment 44 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. This Article applies only toto all groundhandling services for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14.
Amendment 56 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where a Member State imposes a requirement as referred to in paragraph (2), tTender documents for the selection procedure laid down in Articles 7 to 10 shall list the staff concerned and give the relevant details of employees' contractual rights and the conditions under which employees are deemed to be linked to the services in question. Staff and union representatives shall have access to those lists.
Amendment 80 #
2011/0380(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to enhance the ownership of the Common Fisheries Policy (CFP) by fishermen and thereby enhancing correct implementation and the overall success of the CFP, the EMFF should support partnership, cooperation and dialogue between scientists and fishermen.
Amendment 85 #
2011/0380(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource-efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy and improving working conditions.
Amendment 88 #
2011/0380(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) According to Articles 50 and 51 of the [Regulation on the Common Fisheries Policy] (hereinafter CFP Regulation) Union financial assistance under EMFF should be made conditional upon compliance by Member States as well as by operators with the rules of the CFP. This conditionality is intended to reflect the responsibility of the Union to ensure, in public interest, conservation of marine biological resources under the CFP as well as the respect of requirements linked to the promotion of a high level of employment and the guarantee of adequate social protection, as enshrined in Articles 3 and 9 respectively of the TFEU.
Amendment 89 #
2011/0380(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations, including labour inspections, and respect of social and labour legislation. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.
Amendment 90 #
2011/0380(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Action by the Union should be complementary to action carried out by Member States or seek to contribute to that action. In order to ensure significant added value the partnership between the Commission and Member States should be strengthened through arrangements for the participation of various types of partners, including the representative social partners, with full regard to the institutional competences of the Member States. Particular attention should be paid to ensuring adequate representation for women and minority groups. This partnership concerns regional, local and other public authorities, as well as other appropriate bodies, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners and other competent bodies. The partners concerned should be involved in the preparation of Partnership Contracts, as well as in the preparation, implementation, monitoring and evaluation of programming.
Amendment 94 #
2011/0380(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) As a consequence of recent years' economic turbulence due to the financial crisis, many young people are experiencing difficulties in gaining the finance needed to enter the fisheries sector; therefore EMFF support should include a focus on helping young people gain access to the fishing sector by, for example, contributing to first-time business start-ups.
Amendment 98 #
2011/0380(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Conscious ofidering the weak presence of small scale coastal fishermen in the social dialogue, the EMFF should support organisations promoting this dialogue in the appropriate foraness of social dialogue at the sectoral level, the EMFF should support organisations promoting this dialogue to build their capacity at regional, national and European level and strengthening the representation of the sector's interests.
Amendment 99 #
2011/0380(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start- ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities. EMFF support to diversification activities should also pay special attention to the situation and opportunities of young people of the coastal communities.
Amendment 100 #
2011/0380(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The International Labour Organisation (ILO) considers fishing to be a hazardous occupation by comparison with other occupations, and various conventions and recommendations have been signed or adopted by that organisation with the aim of promoting decent working conditions for fishermen; the principles contained in such conventions and recommendations should function as central criteria for determining the use of EMFF resources.
Amendment 110 #
2011/0380(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In fisheries areas, community-led local development should encourage innovative and inclusive approaches to create growth andsustainable growth and high quality jobs, in particular by adding value to fisheries products and diversifying the local economy towards new economic activities, including those offered by ‘blue growth’ and the broader maritime sectors.
Amendment 112 #
2011/0380(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Community-led local development should be implemented through a bottom- up approach by local partnerships that are composed of representatives of the public, private and civil society sectors, including the representative social partners, and mirror correctly the local society; these local actors are best placed to draw up and implement integrated multi-sectoral local development strategies to meet the needs of their local fisheries areas; it is important in order to ensure the representativeness of local action groups that no single interest groups has more than 49% of the voting right in the decision-making bodies.
Amendment 114 #
2011/0380(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) The EMFF should also support sustainable and inclusive economic growth, employment, improved living and working conditions, innovation and competitiveness within maritime sectors and in coastal regions. It is particularly important to identify regulatory barriers and skill deficiencies hindering growth in emerging and prospective maritime sectors, as well as operations aimed at fostering investment in technological innovation necessary to enhance the business potential of marine and maritime applications.
Amendment 115 #
2011/0380(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, and those who are involved in IUU fishing, as well as those who do not respect working conditions in line with Convention No. 188 and Recommendation No. 199 of the ILO, should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.
Amendment 116 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6
Article 3 – paragraph 2 – point 6
(6) ‘fisherman’ means any person engaging in professional fishing, as recognised by the Member State, on board of an operational fishing vessel or engaging in professional harvesting of marine organisms, as recognised by the Member State, without a vessel;. Unless otherwise specified, 'fisherman' implies both the vessel owner and the person working onboard having an employment relationship with the vessel owner.
Amendment 120 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point a
Article 6 – paragraph 1 – point 1 – point a
(a) promotion of economic growth, social inclusion, creation of jobs, employability, and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture, while taking into account the situation of vulnerable groups such as women, minority groups and young people;
Amendment 122 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point b
Article 6 – paragraph 1 – point 1 – point b
(b) diversification of fisheries activities into other sectors of maritime economy, mobility of employed fishermen if made redundant and growth of maritime economy, including mitigation of climate change.
Amendment 129 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 6 – point b
Article 6 – paragraph 1 – point 6 – point b
(b) the support to control and enforcement, including labour inspections, enhancing institutional capacity and an efficient public administration.
Amendment 130 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 6 – point b a (new)
Article 6 – paragraph 1 – point 6 – point b a (new)
(ba) support partnership, cooperation and dialogue between scientists and fishermen in order to enhance ownership of the CFP by affected stakeholders.
Amendment 132 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) operators who have committed infringements of ILO Convention No. 188 and Recommendation No. 199 concerning working conditions in the fishing sector.
Amendment 143 #
2011/0380(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) promoting the social dialogue at national, regional or local level involving fishermen and other relevant stakeholdthe representative social partners.
Amendment 156 #
2011/0380(COD)
Proposal for a regulation
Article 62 – paragraph 3 – point a
Article 62 – paragraph 3 – point a
(a) broadly reflect the main focus of their strategy and the socio-economic composition of the area through a balanced representation of the main stakeholders, including private sector, public sector and, civil society and the representative social partners;
Amendment 157 #
2011/0380(COD)
Proposal for a regulation
Article 62 – paragraph 3 – point b
Article 62 – paragraph 3 – point b
(b) ensure a significant representation of fisheries and aquaculture sectors, including the representative social partners.
Amendment 158 #
2011/0380(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point a
Article 65 – paragraph 1 – point a
(a) adding value, creating jobs, attracting young people to the fisheries sector, and promoting innovation at all stages of the fisheries and aquaculture supply chain;
Amendment 159 #
2011/0380(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point d
Article 65 – paragraph 1 – point d
(d) promoting social well being and inclusion and cultural heritage in fisheries areas including maritime cultural heritage;
Amendment 160 #
2011/0380(COD)
Proposal for a regulation
Article 84 – paragraph 1 – point b
Article 84 – paragraph 1 – point b
(b) specific control and enforcement measures under CFP, including labour inspections;
Amendment 779 #
2011/0294(COD)
To change the status of the railway section from Aarhus to Hirtshals and Frederikshavn, respectively, from the comprehensive network to the core network (freight)
Amendment 781 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 05/33
Annex I – Volume 05/33
To change the status of the railway section from Aarhus to Hirtshals and Frederikshavn, respectively, from the comprehensive network to the core network (passengers)
Amendment 782 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 05/33
Annex I – Volume 05/33
To change the status of the road section from Aarhus to Hirtshals and Frederikshavn, respectively, from the comprehensive network to the core network
Amendment 83 #
2011/0268(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The ESF should contribute to the Europe 2020 Strategy, ensuring greater concentration of support on the priorities of the European Union and support the Member States in implementing the reforms set out in their National Reform Programmes. The ESF should in particular increase its support for the fight against social exclusion and poverty, through a minimum ring-fenced allocation. According to the level of development of the supported regions, the choice and number of investment priorities for ESF support should also be limited.
Amendment 136 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The ESF shall promote high levels of employment and job quality, support the geographical and occupational mobility of workers, facilitate their adaptation to change, encourage a high level of education and training, enhancing the transition between education and employment for young people, promote gender equality, equal opportunities and non- discrimination, enhance social inclusion and combat poverty, thereby contributing to the priorities of the European Union as regards strengthening economic, social and territorial cohesion.
Amendment 217 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) Enhancing access to lifelong learning, upgrading the skills and competences of the workforce and increasing the labour market relevance of education and training systems, establishing and further developing the structures and frameworks for dual learning systems;
Amendment 14 #
2011/0254(NLE)
Article 2 – paragraph 2 – point c – point i
i) practices exposing workers to cosmic radiation, including the operation of aircraft and spacecraft as well as frequent flying;
Amendment 16 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 24
(24) Occupational exposure means exposure of workers incurred in the course of their work, including employees and self-employed as well as trainees and volunteers, incurred in the course of their work, including work-related frequent flying, or during their presence within the territory of their workplace; persons under the age of 18 shall not be assigned to any work which would make them subject to occupational exposure;
Amendment 17 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 35
(35) Exposed worker means a person, either self-employed or working under an employer, including a trainee or volunteer, who is subject to exposure at work carried out within a practice regulated by this Directive and who is liable to receive doses exceeding one or other of the dose limits for public exposure; persons under 18 years of age shall not be assigned to any work which would define them as exposed workers.
Amendment 19 #
2011/0254(NLE)
Article 6 – paragraph 1
1. For occupational exposure, the dose constraint shall be established as an operational tool for optimisation by the undertaking under the generalin consultation with worker representatives. Their decision shall be supervision ofed by the competent authorities. In the case of outside workers the dose constraint shall be established in cooperation between the employer and the undertaking in consultation with worker representatives.
Amendment 20 #
2011/0254(NLE)
Article 11 – paragraph 1
1. As soon as a pregnant woman informs the undertaking of her condition, in accordance with national legislation or national practice, the protection of the unborn child shall be comparable withequivalent to that provided for members of the public. The employment conditions for the pregnant woman shall be such that the equivalent dose to the unborn child is as low as reasonably achievable and unlikely to exceed 1 mSv during at least the remainder of the pregnancy. In case of after-effects because of the undertaking's non- compliance with these provisions, the parties concerned shall be entitled to financial compensation by the undertaking.
Amendment 21 #
2011/0254(NLE)
Article 11 – paragraph 2
2. As soon as a breastfeeding woman informs the undertaking of her condition, she shall not be employed in work involvingxposed to a significant risk of intake of radionuclides.
Amendment 25 #
2011/0254(NLE)
Article 16 – paragraph 1 – introductory part
1. Member States shall require the undertaking or the employer to inform exposed workers without exception, apprentices and students who are subject to occupational exposure on:
Amendment 35 #
2011/0254(NLE)
Article 33 – paragraph 3 – introductory part
3. For undertakings operating aircraft where the effective dose to the crew or workers subject to work-related frequent flying from cosmic radiation is liable to exceed 6 mSv per year, the relevant requirements set out in this Chapter shall apply. Where the effective dose to the crew or workers subject to work-related frequent flying is less than or equal to 6 mSv per year and liable to be above 1 mSv per year, the competent authorities shall at least require undertakings to keep exposures under review, taking into account the potential for doses to change over time or as a result of changes in the work arrangements. The undertakings shall take appropriate measures, in particular:
Amendment 36 #
2011/0254(NLE)
Article 33 – paragraph 3 – point a
(a) to assess the exposure of the crew or workers concerned;
Amendment 37 #
2011/0254(NLE)
Article 33 – paragraph 3 – point b
(b) to take into account the assessed exposure when organising working schedules with a view to reducing the doses of highly exposed crew or workers subject to work-related frequent flying;
Amendment 29 #
2011/0206(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Smolt production capacity is a rough indicator of the health of the salmon stock in any given river. It requires a series of assumptions to be in place before it is possible to use smolt production as an indicator. Moreover, the level of smolt production is affected by a number of factors rendering the correlation between smolt production and the health of the salmon stock difficult to isolate. Therefore the level of returning female salmon to rivers should therefore be used as a viable second indicator of the health of the salmon stock.
Amendment 51 #
2011/0206(COD)
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 (new)
Article 5 – paragraph 4 – subparagraph 1 (new)
Member States concerned shall provide and publish data accounts of returning female salmon to their rivers.
Amendment 65 #
2011/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) Stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks, taking into account existing fish communities in the stocked river and in neighbouring rivers, while maximising the effect of stocking.
Amendment 73 #
2011/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
By way of derogation from the introductory sentence of Article 17(1) of Regulation 1224/2009, masters of European Union fishing vessels of all length retaining salmon and/or sea trout on board shall notify the competent authorities of their flag Member State immediately after the completion of the fishing operation of the information listed in Article 17(1) of Regulation 1224/2009. The Commission may adopt implementing acts exempting small-scale vessels from this obligation for a limited period, which may be renewed, or making provision for another notification period taking into account, inter alia, the type of fisheries products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 608 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 1
Part 1 – article 2 – paragraph 1
1. 1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities are sustainable and an economically and socially viable sector, thereby provideing long-term sustainable environmental, economic and social conditionbenefits and contributeing to the availability of food supplies.
Amendment 1287 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point b a (new)
Part 3 – article 11 – paragraph 1 – point b a (new)
(ba) an assessment of fleet capacity and, where fishing capacity is not in an effective balance with the available fishing opportunities, a capacity reduction plan including a timeline and the specific steps to be undertaken by each Member State concerned that will result in the alignment of such fishing capacity with the available fishing opportunities within one year of the entry into force of the multiannual plan; such assessment should include an evaluation of the socio- economic dimension of the fleet under investigation.
Amendment 1618 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 16 – paragraph 3 a (new)
Part 3 – article 16 – paragraph 3 a (new)
3a. The Commission and the Member States shall evaluate research and knowledge barriers, take measures to ensure that additional stock and ecosystem data become available without undue delay and secure sufficient resources to handle this data.
Amendment 2146 #
2011/0195(COD)
Proposal for a regulation
Part 6 – article 37 – paragraph 7 a (new)
Part 6 – article 37 – paragraph 7 a (new)
7 a. The Commission in consultation with the RACs shall ensure a better overall coordination of data collection in EU. This includes: a) Assessing catches from recreational fisheries and where relevant incorporating these catches in the stock assessments to evaluate their impact. b) Develop the MSY-concept for mixed- stocks fisheries. c) Develop a multi-species or fisheries- based approach, recognising that many fishstocks are not independent entities but are components of a wider ecosystem. d) International optimisation of the use of expertise in data collection and assessments, e.g. when analysing otoliths. e) Collection of data, performing assessments and presenting advice. f) Greater use of industry and recreational fisheries sources to provide information to supplement and complement current and new assessment techniques. g) Better monitoring of developments in discards. h) Further development of the ecosystem- based approach.
Amendment 2534 #
2011/0195(COD)
Proposal for a regulation
Part 13 – article 55 a (new)
Part 13 – article 55 a (new)
Article 55 a The Sectoral Council for Skills and Jobs 1) The Sectoral Council for Skills and Jobs in the Fisheries Sector should facilitate the objectives of the Common Fisheries Policy reform, in particular it shall produce recommendations regarding training programs for fishermen; professional skills; and in sustainable management and entrepreneurship. 2) The Sectoral Council for Skills and Jobs in the Fisheries Sector shall further contribute to: a) achieve better and safer jobs; b) improve the economic performance of the fishing industry; c) achieve better living conditions on board fishing vessels; d) improve the match between job vacancies and job applications; e) create integrated training programmes for the maritime sector. 3) The Sectoral Council for Skills and Jobs in the Fisheries Sector should facilitate the objectives of the Common Fisheries Policy reform, in particular it shall produce recommendations regarding training programs for fishermen; professional skills; and in sustainable management and entrepreneurship
Amendment 21 #
2011/0152(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The Commission shall, every 5 years, assess the scientific evidence for long- term effects caused by electromagnetic field exposure, and put forward a proposal for revising the Directive in order to put long-term effects in to the scope of the Directive.
Amendment 23 #
2011/0152(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) The Commission shall, not later than 5 years after adoption of the Directive, put forward a proposal for removing the derogation mentioned in Article 3 (4).
Amendment 76 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation, paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effect and the following related activities: integral system testing before release for shipment, installation, cleaning, maintenance, research and development activities. In these particular cases, specific protection measures shall be put in place. For this purpose the Commission shall consult the existing working groups and proceed according to the measures set out in Annex IV. No later than 5 years after adoption of the Directive the Commission shall table a proposal for removing the derogation mentioned in Article 3 (4).
Amendment 85 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 148 #
2011/0152(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. In any event, workers shall not be exposed above the exposure limit values for health effects unless the conditions under Article 3(6) are fulfilled. If, despite the measures taken by the employer to comply with this Directive, the exposure limit values for health effects are exceeded, the employer shall take immediate action to reduce exposure below these exposure limit values. The employer shall identify the reasons why the exposure limit values for health effects have been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent them being exceeded again.
Amendment 179 #
2011/0152(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a On the basis of the latest scientific data, the Commission shall within 5 years from the date of the adoption of this Directive submit a proposal for the adoption of a revised Directive in order to provide exposure limit values and action values for MRI (as defined in Article 3 (4)) in the Directive.
Amendment 217 #
Amendment 222 #
2011/0152(COD)
Proposal for a directive
Annex II – Part D
Annex II – Part D
Amendment 229 #
2011/0152(COD)
Proposal for a directive
Annex III – Part C
Annex III – Part C
Amendment 230 #
2011/0152(COD)
Proposal for a directive
Annex III – Part D
Annex III – Part D
Amendment 31 #
2010/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly supports the efforts to pursue international trade negotiations; reiterates in this respect the importance of including social standards, including respect for human rights, and environment and climate standards in all trade agreements concluded between the EU and third countries;
Amendment 41 #
2010/2277(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Is concerned about the legislation currently being negotiated on a "single permit" [COM(2007)0638 - C6- 0470/2007- 2007/0229(COD)] seeking to simplify procedures for legal immigrants to obtain residence and work permits in the EU; fears that if not all immigrants are given the same protection against labour exploitation as EU citizens, this will lead to social dumping and unfair competition;
Amendment 29 #
2010/2273(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that implementation of Directive 2008/104/EC on temporary agency work which is incomplete and does not conform to the law can have a negative impact on employees’ mobility and calls on the Commission to ensure that, starting from December 2011, the same work and employment conditions apply to temporary agency workers and permanent employees;
Amendment 52 #
2010/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses how important it is for equal treatment of workers to be in accordance, at all times, with the rules in force in the Member State concerned, regardless of whether the rules are laid down in national law or collective agreements, and asks both the Commission and the EU Member States to make sure that free movement is never exploited with a view to unequal treatment and social dumping;
Amendment 4 #
2010/2210(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the Commission’s JRC Reference Report ‘Deterring Illegal Activities in the Fisheries Sector – Genetics, Genomics, Chemistry and Forensics to Fight IUU Fishing and in Support of Fish Product Traceability’, published in 2011,
Amendment 9 #
2010/2210(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas IUU fishing is not only harmful to the marine environment but also distorts the market to the detriment of consumers and of fishermen operating legally,
Amendment 36 #
2010/2210(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need, in the interest of the EU's credibility, for us to be fully in control of combating IUU fishing within the EU itself, and considers in this context that there is still some way to go before the EU is satisfactorily combating IUU fishing on its own territory;
Amendment 37 #
2010/2210(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for the review of the common fisheries policy to be used to create incentives to legal fishing in the interests of the fish, the environment, consumers and producers in the EU;
Amendment 38 #
2010/2210(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to investigate whether recreational fishing in the EU exists on such a scale that it can really be classed as IUU fishing, and stresses the need to exempt recreational anglers, who are not regarded as being able to contribute to IUU fishing, from any regulation of recreational fishing;
Amendment 52 #
2010/2210(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers in this context that the EU should exert heavy pressure on countries which do not want to participate in combating IUU fishing;
Amendment 53 #
2010/2210(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 54 #
2010/2210(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Deplores the fact that some countries allow fishermen to fish unsustainable quotas, and calls on these countries to take seriously the threat to the marine environment and endangered fish stocks , and immediately reduce overfishing;
Amendment 102 #
2010/2210(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers in this context that greater responsibility should be attributed to the market, and particularly to importers, since the market is perhaps the most significant cause of IUU fishing;
Amendment 103 #
2010/2210(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on Member States which detect firms or individuals profiting from IUU fishing to prosecute them as they do other perpetrators of environmental and/or economic crimes;
Amendment 104 #
2010/2210(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on both the Commission and the Member States to improve their information to consumers on various labelling schemes, e.g. the Marine Stewardship Council (MSC) scheme, which create transparency and provide consumers with a guarantee that they are purchasing sustainable, legally landed fish;
Amendment 105 #
2010/2210(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Urges that studies be carried out on how far consumers in the EU might be receptive to eating fish and shellfish which we normally do not eat or only export, so that we can eat more local produce, thus benefiting the environment, health and the fish and helping to combat IUU fishing;
Amendment 106 #
2010/2210(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Urges, furthermore, that new techniques for effectively tracing fisheries products should be adopted as soon as possible, and highlights in particular the techniques, for example those using DNA analysis, described in the Commission report ‘Deterring Illegal Activities in the Fisheries Sector – Genetics, Genomics, Chemistry and Forensics to Fight IUU Fishing and in Support of Fish Product Traceability’ as a possible tool for combating IUU fishing;
Amendment 5 #
2010/2053(INI)
Draft opinion
Recital A
Recital A
Amendment 17 #
2010/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Hopes that the Services Directive will genuinely have a positive impact by creating decent jobs and improving the quality and safety of services provided;
Amendment 28 #
2010/2053(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that a number of problems have been experienced in recent years with the internal market, particularly as regards freedom of movement, and that the Posting of Workers Directive, for example, has created problems in several Member States; calls both on the Member States and on the EU institutions to continue to work towards resolving these problems, and stresses in this connection that the internal market should not take precedence over or be more important than the European social model;
Amendment 35 #
2010/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that there are still issues to be clarified regarding the scope of application of the directive; considers that a directive clearly defining the concepts of ‘commercial services’, ‘services of general economic interest’ and ‘social services of general interest’ is more necessary than evershould be defined more precisely in order to precisely delineate the Service Directive’s scope of application and the law applicable to services not subject to the directive, with particular regard to authorisation schemes; in this connection, does not consider that it makes sense at this point in time to broaden the scope of the Services Directive;
Amendment 43 #
2010/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the points of single contact should be accessible as both electronic and physical contact points in all Member States, and should be used as information centres for issues related to the directive, in particular regarding applicable labour law and workers’ rights in force under the directive;
Amendment 47 #
2010/2053(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets that not all Member States have yet fully implemented the Services Directive, and calls for such implementation to take place as soon as possible;
Amendment 54 #
2010/2053(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Invites the Employment Committee referred to in Article 150 TFEU to issue regularannual reports on the effects of the directive's implementation on employment, from both a quantitative and a qualitative point of view in all Member States.
Amendment 67 #
2010/2039(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the need for concrete measures to effectively and significantly reduce poverty and social exclusion, ensuring a fair redistribution of income and wealth and also giving meaning and content to the European Year for Combating Poverty and to the achievement of the Millennium Development Goals, including guaranteeing an adequate minimum income throughout the European Union accordance with different practices, collective bargaining and national law in the member states;
Amendment 78 #
2010/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the multidimensional nature of poverty and social exclusion, and highlights the social dimension and social sustainability of macroeconomic policies, as an integral part of the crisis exit strategy and economic and social cohesion, and the fact this implies changing the monetary priorities and policies, among others, of the Stability and Growth Pact, and also competition policies, internal market policies, and budgetary and fiscal policies;
Amendment 110 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employment with rights, fair wages, decent pensions and an adequate income for everyone in accordance with different practices, collective bargaining and national law in the member states;
Amendment 144 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Unionin accordance with different practices, collective bargaining and national law in the member states as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;
Amendment 41 #
2010/2018(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Endorses the European Parliament's report 2008/2034(INI) and once again calls on the Council to agree an EU target for minimum pay of at least 60% of indicative average pay and a timetable for meeting that target in all the Member StatesCalls for an ambitious long-term strategy against poverty with the aim of reducing inequalities and social exclusion with far-reaching targets for poverty reduction and in-work poverty; proposes in this regard an EU framework policy on minimum income schemes in accordance with subsidiarity, different practices, collective bargaining and national law in the member states, on the basis of European criteria scaled to reflect the standard of living in each Member State; calls also for a child allowance with above aim of reducing poverty, inequalities and social exclusion;
Amendment 698 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 3 – subpoint e
Annex 7 – point 3 – subpoint e
e) safety levels, including a good knowledge of English by train drivers and other crew members involved in cross- border transport, and
Amendment 698 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 3 – subpoint e
Annex 7 – point 3 – subpoint e
e) safety levels, including a good knowledge of English by train drivers and other crew members involved in cross- border transport, and
Amendment 699 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and, emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;
Amendment 699 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and, emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;
Amendment 105 #
2010/0209(COD)
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) ‘host entity’ means the entity to which the third country national is transferred, regardless of its legal form, established in the territory of a Member State, that has a genuine activity and was not created with the single aim of transferring third- country nationals to which the third- country national is transferred;
Amendment 108 #
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, receiving 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 119 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledgecoming from highly qualified employment, possessing higher professional qualifications and knowledge and an advanced level of expertise and who possesses proprietary knowledge essential or proprietal to the specific activities of the host entity;
Amendment 121 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii a (new)
Article 5 – paragraph 1 – point c – point ii a (new)
(iia) evidence that he or she is taking a position exclusively involving the performance of specialist tasks in the host entity or entities in the Member State concerned;
Amendment 31 #
2010/0115(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) The Treaty on European Union stipulates in Article 3.3 that the Union shall combat social exclusion and discrimination, and shall promote social justice and protection and provides for the Union's initiatives to ensure coordination of Member States' social policies. Article 9 of the Treaty on the Functioning of the European Union provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of full and decent employment, the guarantee of adequate social protection and the fight against social exclusion and all Member States should follow the principle of equal pay for equal work at the same workplace.
Amendment 58 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability, the promotion of more and better jobs, as promoted by the ILO in its Decent Work Agenda, and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact.
Amendment 86 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes and based on decent jobs, aim at "sustainable growth". Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe's leadership in the race to develop new processes and technologies, including green technologies. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base.
Amendment 95 #
2010/0115(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) Member States" reform programmes should also aim at "inclusive growth". Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change, thus to actively participate in society and economy. Member States" reforms should therefore ensure access and opportunities for all throughout the lifecycle, thus reducing poverty and social exclusion, through removing barriers to labour market participation especially for women, older workers, young people, disabled and legal migrants whilst taking into account decent working conditions and those unable to participate in the labour market. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of the labour markets through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentgender equality and fighting segmentation, by providing security for workers under all forms of employment, discrimination, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States" reform programmes.
Amendment 101 #
2010/0115(NLE)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11 a) In the context of the 'inclusive growth' objective Member States should set an appropriate legislative framework for the new forms of work whilst paying attention both to ensuring adequate social security and flexible forms of employment for workers in order to guarantee the compatibility of family and work life.
Amendment 115 #
2010/0115(NLE)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13 a) Member States should take into account the Europe 2020 strategy, and, in particular, its employment and social aspects, when programming and implementing EU funding, including that from the European Social Fund, the European Regional Development Fund and the Cohesion Fund. The use of the European Funding has to reduce the number of bureaucratic hurdles and facilitate longer-term measures.
Amendment 133 #
2010/0115(NLE)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a When designing and implementing their national reform programmes taking account of the guidelines in the Annex, Member States shall ensure effective governance of employment and social policies. Stakeholders, including those at regional and local level and including those affected by the different aspects of EU2020, parliamentary bodies and social partners shall be closely involved throughout the design and implementation of those programmes. The EU headline targets, as set out in the Annex, shall be followed up with appropriate sub-targets and indicators, including outcome and result indicators, as well as national targets, indicators and scoreboards. Member States shall take those targets and indicators into account, along with the guidelines and any country-specific recommendations addressed to them by the Council. Member States shall closely monitor the employment and social impact of reforms implemented under respective national reform programmes. When reporting on the application of the guidelines in the Annex, Member States shall follow the structure to be agreed at EU level and shall include the same elements in order to ensure clarity, transparency and comparability among the Member States.
Amendment 138 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – title
Annex – Guideline 7 – title
Guideline 7: IncCreasting labour market participation andmore and better jobs, reducing structural unemployment and increasing labour market participation
Amendment 141 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph -1 (new)
Annex – Guideline 7 – paragraph -1 (new)
While increasing the employment rate Member States will observe decent work conditions. Furthermore, Member States will set their national targets so that the proportion of 20 to 24 year-old women and men in training or work is increased to 90%. Labour market participation has to be ensured for all people, particularly certain groups who are disadvantaged in the labour market such as young people, disabled persons and people with migration backgrounds. Member States are requested to increase the employment rate by 10%, focussing on particular groups, by 2014: - young people aged between 15 and 25 years; - older workers aged between 50 and 64 years; - women; - unskilled workers; - people with disabilities; - people with migrant backgrounds; The rate of people who are long-term unemployed should be reduced by 10%.
Amendment 158 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
Member States should integrate the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and inactivity, gender inequality, whilst reducing structural unemployment and precariousness by providing adequate security for workers under all forms of employment. Measures to enhance flexibility and security should be both balanced and mutually reinforcing. Member States should therefore introduce a combination of flexible and reliable employment contracts, active labour market policies, effective lifelong learning, policies to promote labour mobility, and adequate social security systems to secure professional transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work. Social partnership is a crucial element of the European model, therefore a balanced codetermination is necessary. The Social Dialogue has to be strengthened.
Amendment 159 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
Member States should integrate the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and inactivity, gender inequality, whilst reducing structural unemployment. Measures to enhance flexibility and security should be both balanced and mutually reinforcing. Member States should therefore introduce a combination of flexible and reliable employment contracts, active labour market policies, effective lifelong learning, policies to promote labour mobility, and adequate social security systems to secure professional transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work. Member States should introduce special measures to ensure that young people are employed in real and permanent jobs.
Amendment 164 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1 a (new)
Annex – Guideline 7 – paragraph 1 a (new)
Job centres must provide training and mentoring programmes particularly in the field of information and communication technologies and as well as access to high-speed internet to job seekers in order to optimally facilitate the job search.
Amendment 166 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1 b (new)
Annex – Guideline 7 – paragraph 1 b (new)
Member States should also implement and respect the basic principles of equal treatment and non-discrimination as well as the principles of European social directives, including those deriving from a framework agreement among European social partners.
Amendment 180 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 2
Annex – Guideline 7 – paragraph 2
Member States should step up social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, underemployment and undeclared work. Professional mobility should be rewarded. The quality of jobs and employment conditions should be addressed by fighting low-wages and by ensuring adequate social security also for those on fixed contracts and the self-employed. Employment services should be strengthened and open to all, including young people and those threatened by unemployment with personalised services targeting those furthest away from the labour market. Open ended contracts are to remain the rule, and labour law is to promote stable contracts.
Amendment 201 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3 a (new)
Annex – Guideline 7 – paragraph 3 a (new)
In order to achieve full employment and address the problems encountered by unskilled workers in a difficult labour market, Member States should refocus active labour market policies on training/retraining and direct job offers while also reviewing tax and benefit systems and the capacity of public services to provide the necessary support and incentives for job-creation, ensuring at the same time financial sustainability. Member States have to ensure that changes of the tax- and social system favour companies and working contracts which are indefinite and provide for agreed wages related to collective negotiations and ensure at the same time financial sustainability.
Amendment 202 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3 b (new)
Annex – Guideline 7 – paragraph 3 b (new)
The implementation of EU legislation on anti-discrimination and work-life - balance must be improved as well as information and consultation of workers and a better implementation of European Works Councils.
Amendment 204 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3 d (new)
Annex – Guideline 7 – paragraph 3 d (new)
Member States should also promote and invest in social services of general interest including employment, health and housing services which have to be funded sufficiently.
Amendment 205 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4
Annex – Guideline 7 – paragraph 4
The EU headline target, on the basis of which Member States will set their national targets, is of aiming to bring by 2020 to 75% the employment rateweak growth prospects in the coming years coupled with the decision of the Member States for early budgetary consolidation could have devastating effects on employment in Europe with the possibility of the loss of up to five million extra jobs. Member States should guide their economic policies and the EU 2020 strategy with the aim of achieving a mid- term job creation target of at least four women and men aged 20-64 including through the greatemillion net new (decent and predominantly green) jobs by 2014. Member States should therefore strengthen the demand side on the labour pmarticipation of youth, older workers and low skilled workers and the better integration of legal migrantsket and increase growth investment by raising the revenue side of European and national budgets via instruments such as eurobonds or the vigorous fight against undeclared employment and tax fraud.
Amendment 217 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – title
Annex – Guideline 8 – title
Guideline 8: Developing a skilled workforce responding to labour market needs, pPromoting job quality and lifelong learning, developing a skilled workforce
Amendment 226 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1
Annex – Guideline 8 – paragraph 1
Member States should promote productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour market. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, and second-chance opportunities. Member States should offer a "second chance" for young people aged between 25 and 35 which include an obligatory offer of educational and vocational training. Further, ensuring every adult the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States should develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, and focus their efforts particularly on supporting those with low skills and increasing the employability of older workers, while at the same time enhance the training, skills and experience of highly skilled workers, including researchers.
Amendment 229 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1 a (new)
Annex – Guideline 8 – paragraph 1 a (new)
The geographic and cross-border mobility which is wanted by employers must not lead to a deterioration of working conditions and a reduction of pensions and unemployment benefits. Geographic mobility should never lead to lowering of social standards.
Amendment 244 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 a (new)
Annex – Guideline 8 – paragraph 2 a (new)
All educational professions starting with nursery teachers have to be better recognized by decent working conditions, continuous advanced training and an implementation of a gender quota.
Amendment 247 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 b (new)
Annex – Guideline 8 – paragraph 2 b (new)
To support young people and in particular those not in employment, education or training, Member States in cooperation with the social partners and civil society, should enact schemes to help recent graduates find initial employment or further education and training opportunities, including apprenticeships, and intervene rapidly when young people become unemployed.
Amendment 248 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 c (new)
Annex – Guideline 8 – paragraph 2 c (new)
Regular monitoring of the performance of up-skilling and anticipation policies should help to identify areas for improvement and to increase the responsiveness of education and training systems to labour market needs. EU funds should be fully mobilised by Member States to support these objectives.
Amendment 249 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 d (new)
Annex – Guideline 8 – paragraph 2 d (new)
Efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements should be promoted, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers. Better cooperation between education, training and life long learning is necessary based on the increased dependency of innovation and equal opportunities. This cooperation has to be financed with at least 7 % of the GDP. Education and training should lead to qualifications and competencies people need to have a long-term perspective on the labour market. New occupational needs, key competences and future skill requirements should be addressed by improving the anticipation and transparency of qualifications, their effective and cross-border recognition and the validation of non-formal and informal learning. All human resources, skills and knowledge should be made use of by giving women equal opportunities in ongoing training and life-long learning. By 2014, an additional 15 % of adults should participate in lifelong learning. Employers have to be obliged to grant and to support advanced training in the context of lifelong learning and foster the creation of age-based working places. Professional education has to improve the employability in the case of closing down a company. In this regard education should be free of charge.
Amendment 250 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 2 e (new)
Annex – Guideline 8 – paragraph 2 e (new)
Member States should commit themselves to complementing and coordinating their national targets in order to reduce social and economic imbalances between regions.
Amendment 265 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 9 – paragraph 2
Annex – Guideline 9 – paragraph 2
The EU headline target, on the basis of which Member States will set their national targets, is to at reduceing the drop out rate to 10% by 2014, whilst increasing the share of the population aged 30-34 having completed tertiary or equivalent education to at least 40% in 2020by 2014. Appropriate actions have to be taken to ensure that in the medium- and long term a participation in the society is possible for all and that the International Standard Classification of Education 3 (ISCED3) can be reached by everyone.
Amendment 267 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 9 – paragraph 2
Annex – Guideline 9 – paragraph 2
The EU headline target, on the basis of which Member States will set their national targets, is to reduce the drop out rate to 10%, whilst increasing the share of the population aged 30-34 having completed tertiary or equivalent education to at least 40% in 202014.
Amendment 269 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – title
Annex – Guideline 10 – title
Guideline 10: PCombating Poverty and promoting social inclusion and combating povertyprotection
Amendment 287 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States" efforts to reduce poverty should be aimed at promoting full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. The calculation of the equity ratio has to respect the principle that the consolidation of households does not preclude the use of ESF-funds. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care. Member States should put in place effective anti- discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people's lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare thus providing social cohesion whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable.
Amendment 21 #
2009/2238(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises, however, the overriding need to ensure that the EU retains economically viable fishery and aquaculture sectors – including small-scale operations – that are spread harmoniously along its coastline, help to preserve the cultural identity of the regions concerned, provide jobs at all stages of production, and supply safe, good-quality food; stresses also that employees in the fishing industry should work under reasonable conditions and in accordance with the ILO's conventions on health and safety at work;
Amendment 23 #
2009/2238(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that reasonable customs protection which can be adjusted either on the basis of agreements or autonomously, depending on the preferences the EU wishes to offer or trade with particular countries – especially developing countries – and on the needs of our processing industry,– in the form of health, environmental and social requirements that imported products need to comply with in order to gain access to the EU market – is and should continue to be an important and legitimate instrument enabling the authorities to regulate imports;
Amendment 26 #
2009/2238(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 30 #
2009/2238(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 41 #
2009/2238(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the EU representatives negotiating bilateral and regional agreements to require more systematically a real quid pro quo in exchange for trade concessions to non-EU countries on imports of fishery and aquaculture products, resolutely defending any offensive interests of the EU in this sector; calls, in this connection, on the EU negotiators to require non-EU countries to produce their goods in accordance with the standards and rules that apply in the EU;
Amendment 47 #
2009/2238(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes it should be one of the key aims of EU policy on fishery and aquaculture imports to ensure that imported products meet the same requirements that apply to EU production in every respect, and believes that this aim reflects basic concerns in relation to the fairness, consistency and effectiveness of the measures currently applied in the sector or envisaged as part of the reform; further notes that compliance by non-EU countries with EU requirements will help create more equal competition between production in the EU and production in non-EU countries as a result of the higher costs involved for non-EU countries in producing fish in accordance with EU standards;
Amendment 74 #
2009/2238(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Sees a determined policy of supporting and developing sustainable aquaculture in the EU as one of the key aspects of a strategy to reduce dependence on fishery and aquaculture imports, stimulate economic activity in the EU and offer a more plentiful and varied supply in response to the rapidly rising demand; in this connection, stresses the need to aggressively pursue R&D into European aquaculture products as an ongoing contribution towards creating a sustainable and competitive aquaculture sector in the EU and providing healthy fish for EU consumers;
Amendment 83 #
2009/2220(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages Member States to develop new modes of access to employment through the framing of new labour law provisions covering, for example, ‘distance working’, ‘specified-purpose’ contracts and ‘mission’ contractslabour law provisions that effectively safeguard the rights of people who are employed in atypical forms of work and ensure that atypical forms of work are not used to force out traditional forms of work;
Amendment 88 #
2009/2220(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that workers on atypical contracts be covered by existing EU Directives that cover worker categories within the EU, including ‘the Working Time Directive’(1993/104/EC), ‘the Directive on temporary agency work’(2008/104/EC), ‘the Directive on part-time work’ (1997/81/EC) and ‘the Council Directive concerning the framework agreement on fixed-term work’ (1999/70/EC);
Amendment 112 #
2009/2220(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Member States to develop active intervention policies giving workers who re-enter the labour market an entitlement to individual support during the period strictly necessary for them to become more employable through training and requalification; unemployed people should re-enter the labour market quickly even if their contracts are atypical, the most important consideration being to keep people in the labour market; if the re-entry takes place through atypical contracts, these contracts must guarantee well- regulated and secure working conditions for salaried employees;
Amendment 116 #
2009/2220(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon the Union and the Member States to eradicate illicit employment and believes that implementation of flexicurity strategies can help in fighting illicit employment and in making ‘very atypical’ forms of work less precarious;
Amendment 141 #
2009/2220(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that flexicurity should be defined as combining flexibility and security and an active labour market policy on the labour market, so as to help increase both productivity and the quality of jobs by guaranteeing security, while allowing firms the flexibility needed to create jobs in response to the changing needs of the market; is also of the opinion that flexicurity can help to make labour markets more robust in the event of structural changes; is of the opinion that flexibility and security requirements and an active labour market policy are not contradictory and are mutually reinforcing;
Amendment 145 #
2009/2220(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that there is a steadily increasing problem with regard to ‘false’ self-employed persons, who are often forced by their employer to work under wretched conditions; recommends that the Commission provide a clear definition of ‘false’ self-employed persons, so that this group of workers can be identified and covered by existing EU legislation for workers; employers that utilise the working capacity of ‘false’ self-employed persons must also be subject to sanctions;
Amendment 149 #
2009/2220(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Believes that a flexicurity pathway will not resolve the problems associated with atypical appointments;
Amendment 162 #
2009/2220(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 181 #
2009/2220(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns the abusive replacement of regular employment with forms of atypical contracts that contribute to poorer and more uncertain working conditions than regular employment conditions and that are at the expense of the general public, employees and competitors; stresses that such forms of contract violate the European social model;
Amendment 207 #
2009/2220(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls upon the Commission and the Member States to eliminate administrative burdens in order to facilitate the business environment, especially for SMEs, without any implications for the safety or health of salaried employees;
Amendment 225 #
2009/2220(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls upon the national social partners to overcome reservations againstsecure ‘outsiders’’ (employees with atypical or ‘very atypical’ contracts) and to balance their rights and social-protection requirements that are in line with those of ‘insiders’;
Amendment 233 #
2009/2220(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that the involvement of the social partners in policymaking and implementation varies widely across the Member States, but that generally the trend is towards the use of a wider mix of instruments to pursue policy objectives; believes that the quality of the social and institutional supportrecognition which the social partners enjoy is probably the majoran important determinant of the quality of their contribution;
Amendment 38 #
2009/2106(INI)
Motion for a resolution
Recital J
Recital J
J. whereas, despite the significant progress made following the revision of the CFP in 2002, serious problems relating to fleet overcapacity and the scarcity of fishery resources still remain, varying in extent from one Member State to another, and have worsened in recent years,
Amendment 98 #
2009/2106(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes also the two main principles set out by the Commission with a view to an effective and successful reform of the CFP, namely the need to give more responsibility to the sector, based on the establishment of conditions favourable to good fishing practice and to make management models more flexible in order to create alternatives to the traditional single system of TACs and quotas;
Amendment 161 #
2009/2106(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Is surprised to note that the crucial role of fishing ports in the fisheries sector is not mentioned in the Green Paper, given that ports are major actors in fish landing, storage and distribution facilities. Calls therefore on the Commission to highlight the role of ports in the fisheries sector, in view of the developments that have created a need to upgrade infrastructure. Further considers that Europe’s fishing ports will be able to contribute in future to the development and provision of certification systems and better traceability of catches.
Amendment 215 #
2009/2106(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance of economic and political support for cooperation between fishermen and researchers, so that advice can given on a basis which more truly reflects conditions in the sea and can be more speedily implemented;
Amendment 279 #
2009/2106(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
Amendment 292 #
2009/2106(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 396 #
2009/2106(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Considers that the northern fisheries agreements, e.g. the agreement with Norway, are of vital importance to fisheries in a number of Member States, that the necessary resources (for negotiators, administrators, etc) should still be earmarked in the CFP after 2012 for the continuation of these agreements, and that high priority should be given to investment in regional fisheries organisations;
Amendment 3 #
2008/2249(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas subcontractors are often played off against each other and whereas, therefore, the employees of both the issuer of the invitation to tender and of the subcontractors come under pressure as regards their working conditions,
Amendment 4 #
2008/2249(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Parliament has previously highlighted problems associated with the falsely self-employed and whereas this problem is also in evidence in the case of subcontractors,,
Amendment 56 #
2008/2249(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the scope of the liability prescribed in such an instrument should include at least wages, social security contributions and taxes, taxes and liability for compensation in respect of injuries and accidents at work;
Amendment 214 #
2008/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 175 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. RecreationNon-commercial fisheries on a vessel in Community waters on a stock subject to a multiannual plan shall be subject to an authorisation for that vessel issued by the flag Member Stateor fishing with rod and reel from shore in Community marine waters shall not be included.
Amendment 185 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 127 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -4 (new)
Article 1 – point -4 (new)
Directive 92/85/EEC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
-4) In Article 12 the following paragraph is added: "1a. Member States may entrust management and labour at the relevant level, according to national legislation and practice in the individual Member States, with upholding or concluding collective agreements that lay down detailed rules on improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. These collective agreements, and agreements existing on ...*, as well as any subsequent renewals of such agreements, may, on the condition that they respect the general protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (subject to the conditions and limitations laid down by the Member States), establish arrangements and provisions which are different from those referred to in this Directive, provided that they comply with and respect the intentions and principles of the Directive." OJ: Please insert the date of entry into force of this Directive.
Amendment 155 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Patients seeking to receive healthcare provided in another Member State shall be guaranteed the right to apply for prior authorisation in the Member State of affiliation.
Amendment 17 #
2008/0063(CNS)
Proposal for a regulation – amending act
Article 1
Article 1
Regulation (EC) No. 423/2004
Article 2b - point b a (new)
Article 2b - point b a (new)
ba) when cod stocks have substantially improved, the Commission should review the system of regulating the fishing effort.
Amendment 36 #
2007/0300(CNS)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Amendment 104 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 − title
Annex – Section 2 – Guideline 21 − title
Guideline 21. Promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners, through and take into account the following four key components:
Amendment 108 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – title
Annex – Section 2 – Guideline 21 – title
Guideline 21. Promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners, through. This also involves:
Amendment 112 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 (new)
Annex – Section 2 – Guideline 21 – indent -1 (new)
- flexible and reliable contractual arrangements through modern labour laws, collective agreements and work organisation;
Amendment 116 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 a (new)
Annex – Section 2 – Guideline 21 – indent -1 a (new)
- comprehensive lifelong learning strategies to ensure the continual adaptability and employability of workers, particularly the most vulnerable;
Amendment 120 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent -1 b (new)
Annex – Section 2 – Guideline 21 – indent -1 b (new)
- effective active labour market policies (ALMP) that help people to cope with rapid change, reduce periods of unemployment and ease the transition to new jobs;
Amendment 127 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent 1
Annex – Section 2 – Guideline 21 – indent 1
- the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements and strengthening the rights of workers regardless of their employment status, with the aim of promoting stable employment relationships with indefinite duration contracts remaining being the general rule,
Amendment 134 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent 3
Annex – Section 2 – Guideline 21 – indent 3
- better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and to facilitate adaptation,
Amendment 139 #
2007/0300(CNS)
Proposal for a decision
Annex – Section 2 – Guideline 21 – indent 5
Annex – Section 2 – Guideline 21 – indent 5
Amendment 50 #
2004/0209(COD)
Article 1 – point 3 − point a
Directive 2003/88/EC
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) iIn paragraph 1, the words "Articles 3 to 6, 8 and 16" shall be replaced by "Articles 3 to 6, Article 8 and Article 16(a) and (c)"; introductory part and point (a) shall be replaced by the following: "1. With due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Articles 3 to 6, 8 and 16, (a) and (c) when, on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves,[...] in the case of:" "(a) chief executive officers (or persons in comparable positions), senior managers directly subordinated to them and persons who are directly appointed by a board of directors,"